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Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can i legally record myself giving my month to month roommate a 30 day letter of eviction from my home and then change

the locks after putting all belongings in the driveway, after 30 days? Tenn.

Anthony M. Avery
Anthony M. Avery answered on May 7, 2021

What good would that do? Especially in your situation where a fight may occur, and you go to jail, hire a competent attorney to prosecute a Detainer Warrant.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How much does it cost to evict someone from my home on a month to month agreement?
Anthony M. Avery
Anthony M. Avery answered on May 7, 2021

Prosecuting a Detainer Warrant are usually about 3 to 5 hundred dollars in attorney fees and usually $ 180 to about $ 250 in Court Costs.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If a tenant appeals an eviction judgement, do they still have to vacate the property by the 11th day in Tennessee?
Anthony M. Avery
Anthony M. Avery answered on May 3, 2021

The Judgment is for possession. The Plaintiff will get a Writ of Possession executed by the Sheriff if the Defendant remains in possession. A good appeal will involve the posting of a Bond against the owner's further loss.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Due to Covid can my landlord give me 60 days to move out because she sold the house without telling us she was selling?

She called us to tell us we have 60 days to vacate. We didn’t even know that she was selling the house. I have 4 kids and my mom lives with us. Please help. I don’t know what to do.

Bennett James Wills
Bennett James Wills answered on Apr 21, 2021

The answer is in your lease. If you still have a lease term then she cannot evict you for selling the house. If, however, you are on a month-month lease, then perhaps she can give you proper notice to vacate. The owner does not need your permission to sell the house; but any buyer of the property... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord enter my home if I am not home
Bennett James Wills
Bennett James Wills answered on Apr 19, 2021

Yes. But only upon reasonable notice, which is usually outlined in the lease, or in an emergency circumstance.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If you haven't received mail at or don't have a lease for the property your renting what are the guidelines for evicting

In the state of tennessee what are the guidelines on eviction if the tenant hasn't received mail or has a lease with the landlord

Anthony M. Avery
Anthony M. Avery answered on Apr 15, 2021

That is a month to month tenancy. Landlord files a Detainer Warrant against the occupant normally about a month prior to Court. It must be served or posted. If possession is retained after Judgment, the landlord/owner must get a Writ of Possession issued and executed by the Sheriff removing the... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: does the sheriff serve you with papers when being evicted or the landlord? does it have to be a court document ?
Anthony M. Avery
Anthony M. Avery answered on Apr 12, 2021

Either a deputy sheriff or a private process server will serve the Detainer

Warrant. But in possession only cases, the Warrant only has to be posted. Often the notice to quit is verbal, written, message, etc., but that is not a Detainer Warrant for

Court.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: My husband who is a vet and works for a firing range got off work went upstairs and asked them to be quite

He did have a gun in him because he just got off work but never put his finger on the trigger or threatened to hurt any of them. Can we fight this till we can find a place

Anthony M. Avery
Anthony M. Avery answered on Mar 24, 2021

What happened? Assuming no criminal charges, you may wish to make the landlord go through the entire process for eviction. A Detainer Warrant must be filed, served or posted, a Judgment for Possession rendered, and if you are not out or appeal within 10 days, a Writ of Possession is issued and... Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for Tennessee on
Q: I rented an apt and 28 days later they had a court order in my husbands name for $3500 back rent. It's on my credit.

I have the court orders in his name only and I need a lawyer to resolve this issue.

Anthony M. Avery
Anthony M. Avery answered on Mar 19, 2021

It appears they found your Husband through you. Your Husband should have been served with whatever suit was filed, and should have defended himself. Now he must immediately file to set aside what may be a Default Judgment, or file an Appeal, hopefully an Appeal De Novo. He must act fast and... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: Can my apartment complex tow my car for having expired tags?

My boyfriend's car has expired tags and they just a notice on it today that it will be towed. I searched through the lease agreement and I cannot find any information regarding a vehicle with expired tags. It only states they can tow if the vehicle is parked illegally like if it's in a... Read more »

Ross Matuszak
Ross Matuszak answered on Mar 12, 2021

Thank you for your question. Absent more information, I cannot give a definitive answer. However, many apartment leases include a "disabled vehicle" clause. This clause usually states that the apartment reserves the right to tow vehicles that they believe to be disabled or an eyesore (due... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can you be sued by a landlord after 12 years
Anthony M. Avery
Anthony M. Avery answered on Mar 10, 2021

Normal SOL on Breach of Contract is 6 years. Unless you agreed to another SOL or a Judgment was entered against you, which is usually collectible for 10 years.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If I were to legally pursue my security deposit without legal representation what steps would I need to take?

I moved out of an apartment on July 31, 2020. The leasing office mailed me an “estimated list” of charges on September 14, 2020 in which the letter also indicated that I would receive a final charge list shortly after. After not receiving any follow up communication I began reaching out towards... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 3, 2021

You have already did what you can without a lawyer. If the security deposit is significant enough, hire an attorney to pursue it and collect a judgment. Otherwise forget about it.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: They served us eviction papers before the month was over l am 31 days late and have a court date tomorrow is this legal
Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

You were served prior to Court, so what is the problem? A continuance is possible, but it appears you have no defense to an Unlawful Detainer Warrant. I suggest you start looking for somewhere else to live, and not pay April's rent.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I live with my sister and her boyfriend also slit the rent for 5 months now. Can she throw me out. I get mail there.
Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

The owner, landlord or possibly even the tenant, can file an Unlawful Detainer Action against you. It will take just over a month to remove you from possession.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If i received a forcible entry and detaineDo I have to show up for court if my balance has been paid prior to court day?
Anthony M. Avery
Anthony M. Avery answered on Feb 2, 2021

I recommend you go to Court to make sure no more rent or costs are given to the Plaintiff than should be due. It can probably be one of the first cases called if you talk to the Plaintiff landlord and agree to a Judgment, maybe getting a security deposit back.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: I live at a house that has 3 co-owners. Can one owner evict me without the others' consent?

There is no formal lease agreement.

The co-owners are my family.

I do not have any ownership of the house.

I give monthly money as "rent."

Anthony M. Avery
Anthony M. Avery answered on Feb 1, 2021

Any Tenant In Common can file a Detainer Warrant against you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My old landlord sold the apartments to new owners and they are tying to collect money due from old landlord ?

Can they do that ? If you never was given a notice about the new owners never signed any lease agreement with the new owners , and the only reason I stopped paying my recent landlord is because no one was coming to fix maintenance issues in my apartment, the constant bugs and mold and water coming... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

Consider consulting a local attorney to address your issues. But generally, a landlord can sell their property and assign the tenants' leases/contracts to the new owner. This is called an "assignment." You should also look to the terms of your lease to see how the contract addresses... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My landlords son has put up a gate at the end of my driveway because he said the bridge was falling. And now i have no

To be able to get out of my driveway. He told me to go through the field and i cant do that cause i dont have a 4wheel drive and he told me it would be awhile before he could fix it. He said i had to park at the end of drivway and walk. Its 20 degrees and i have a child

Anthony M. Avery
Anthony M. Avery answered on Jan 11, 2021

There are no easements for the benefit of one on his own land. Suing your lessor for access is possible,

but expensive and will take a long time. Constructive eviction would be a hard sale where a reasonable accommodation has been made. Finding another residence is probably a far better choice.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My landlord entered my home without consent while we were away, stole money and is now refusing rent

Can he enter my home without consent in a non emergency and what can I do about him refusing rent

Bennett James Wills
Bennett James Wills answered on Jan 5, 2021

A landlord may enter only in an emergency. If money was stolen, you should consider making a police report. As for the civil side of the issue, contact a local attorney for your best options.

1 Answer | Asked in Landlord - Tenant and Collections for Tennessee on
Q: i have been paying rent to an apartment, who now has no record of me lving there help?? please!!

My apartment complex got bought out by a new management company and has somehow moved me out of their system. They have now switched over to online rent payment option only and i have no way now of making my payments due to the webiste saying there is no record of me living at the adress. No one in... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 8, 2020

Yes, I would go talk to the management company in person. If the facts are as you describe, they should be able to fix the error in their system. You could also write letters/emails to the management company describing the issue and asking them to rectify. If you are still unable to resolve this,... Read more »

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