Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2023
To evict a person in Tennessee who is not paying rent or maintaining a clean room, especially when there is only a verbal agreement, follow a structured legal process. Begin by providing written notice to the tenant, citing the reasons for eviction and allowing a specified period (usually 14 days)... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023
In Tennessee, when a tenant abandons their rented room, landlords must follow specific legal procedures to deal with the tenant's personal belongings. First, they need to establish that abandonment has occurred, often due to non-payment of rent or clear signs of vacating. Then, landlords must... View More
Out saying we have to have rent in by 5 or we get evicted . Can they legally do that if we not behind don’t they have to give us til the end of the month to pay?
answered on Sep 7, 2023
Unless the lease specifically provides otherwise, a landlord is not required to give a tenant until the end of the month to pay rent due on the 1st (or other date specified in the lease. In fact, even if the lease does not assess a late fee until the 5th, a landlord can evict for non-payment if... View More
First, and now second L.E. tenant, has passed and L.E has been removed from my warranty deed. Property has not been maintained over the years, significantly so. Can there possibly be a significant claim against the estate for all that should have been done, but was not?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2023
How was the life tenant removed from the deed? The remainderman can sue the life tenant for waste, but it should be very significant destruction of the land or improvements. After death, it will be a very difficult suit, which must be also filed as a claim against the estate.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2023
In Tennessee, the authority of an HOA Board of Directors to increase monthly fees or impose special assessments without owner approval depends on the language in the governing documents, such as the bylaws and CC&Rs. Generally, HOA Boards have certain powers to manage the community's... View More
I filed for reposession .not $. The day after the tenant was finally arrested after using it to avoid 3 warrants...I left 3 days to vacate afer a notice to pay or quit 3 days was ignored.many violations such as others residing..lA police stand off last week impacting the safety of renter of my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023
You should have hired an attorney to prosecute a problem Detainer, and you might want to now. Is the Writ of Possession issued? If not ask Court to issue or hire an attorney. Later you may need to file another Detainer Warrant against occupants and start the process again. But the execution... View More
We rented an RV lot to an unknown person and her son, located on our property that we currently live on. They have a vicious dog that has tried to attack several of our family members (rule; no pets), they have low life guest that have caused property damage to our vehicles (police report files)... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023
Hire an attorney to file a Detainer Warrant against the two renters for possession only. If unknown name, then use occupants. It will need to be served personally or posted. Do not get in a fight with them or they will have leverage. After a Judgment for possession, and ten days have... View More
I was mowing the yard at my rental property and accidentally damaged a small tree and is now dieing and my landlord threatened to take me to court. Even though we see each other multiple times out of the day he refuses to come to me directly with any issues or concerns but instead will go through... View More
answered on Jun 9, 2023
The direct answer to your question is Yes, the LL can take you to court over property damage. The issue is whether you were negligent in damaging the tree while mowing. Other issues are: Who is responsible under the lease to maintain the property? Did LL provide you with any instructions about... View More
I was served an affidavit of indebtedness and a summons. I am to appear in general sessions court. The affiant being the landlord. It's not a collection agency. If I do need to file and answer is there a resource or template available to assist?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2023
What Court is it in? If Sessions, then a Sworn Denial should be filed. If Circuit or Chancery, then an Answer is required within 30 days, and possibly also a Sworn Denial. If the latter then each allegation of the Complaint must be addressed. Since you are being sued for breach of contract,... View More
Spring I started noticing black mold in my ceiling, shower stall and underneath my wall unit. Also notice when it would rain. That my ceiling fan would leak water through it. And I have to put a bucket down to catch the water from the ceiling we're it leaks. I brought this to my landlords... View More
answered on Feb 14, 2023
A Tennessee attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal with the mold and health problems. I could only speak for the injury-related issues. A landlord tenant attorney should advise on issues related to the lease and habitability. You may... View More
Hello:
I bought a mobile home that is inside a parking lot. In november the person who rented it told the former owner that he was going to move out in december. in december he did not pay rent and there was a conversation where he said he needed more time and he was informed that the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2023
Give him whatever notice the former tenant was supposed to get in the lease. Otherwise file the Detainer Warrant in Sessions now, as service/posting is notice to quit by Statute. Hopefully you know his name. File Detainer For Possession Only now as it will take time to get him out.
Legal aid has tried to help but no one can get either one the landlord nor his office manager answer by phone, text or emails. I have a notice from one of legal aids office to give them but am worried about how they will react to it. Someone from my church has offered to pay for an attorney bc this... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2023
There is no "halt" in civil procedure. Hire a competent attorney if you do not understand what a Detainer Warrant is. You will probably need to vacate 10 days after possession is adjudged to the owner.
I have a 29 year old brother in law living in a camper (not his) on our property. He has lived here since 2019. Never paid no bills or hold a job. All he does is ride four wheeler around and go to the neighbors down road who do meth and sell meth. Will not get job at all and we pay for food he... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2023
If he is a tenant in common of the property, then he has a right to be there. But if not, then file a Detainer Warrant on him for possession. Let the Sheriff serve/post him. Do not get in a fight or he will have leverage on you.
I am wanting to purchase a home in Nashville, TN that is currently occupied by tenants. Do I have to let them stay until their lease is up? Or can I evict them if I intend to move into the property?
answered on Jan 16, 2023
A buyer of an occupied property typically purchases subject to the lease. Which means you need to honor the lease terms. However, in some leases, there is a termination on sale clause, which also means the lease terminates when the property is sold. Other times, certain conditions can be negotiated... View More
My nephew who is 23 has lived with me for 18 years and we have had some trouble with him and had to call the police a couple of times. They told us that he is a legal resident and we can not make him leave without an eviction notice and all that that entails. He does not have a lease and he does... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2023
If he somehow gets back into the house, you will have to file a Detainer Warrant in Sessions Court. Changing the locks might help now.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2023
Hire an experienced collection attorney to either pursue it or forget about it. Apparently you do not know anything about the judgment debtor's financial situation, which you need to even to consider the collection process.
Sent a letter stating I need to vacate the property my 12-1-22 because I am within this month late on rent. Due 11-1 and have a 5 days Grace period. Is this legal without a 14 day notice to cure?
answered on Nov 16, 2022
Look at your lease. Often there are provisions in the lease that you have waived notice for non-payment of rent. If you didn't pay in the grace period, then the notice may well be proper.
We moved out on the 30th of June and I think the new owners signed on that day. Our landlord has ghosted us in regards to the security deposit. She has not claimed any damages. I have given her thirty days and then sent a notice of failure to return deposit when I hadn’t heard anything. Before I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2022
Your contract is with the former owner. You could sue in General Sessions Court for Breach, Conversion, or in certain Counties, violation of Statute. It may not be worth it, but you probably know what Bank he uses to execute a levy.
We had a deal with the old landlord for $400 a month rent, paid yearly with tax return. We have lived here for over 10 years. The land was sold 2 weeks ago and I have had trouble with the new owner every day. He gave me 12 hrs notice that his people were going to throw away anything they wanted on... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 12, 2022
You might stay until you are served with a Detainer Warrant, then play out the process until a
Writ of Possession is imminent. Any information you give the owner will be used to collect a Judgment from you. Apparently you owe rent so you might look for another place to live.
New ownership less than 2 yrs in ownership of apts
They believe that since we won the eviction an judgement that if the tenant doesnt pay the monies owed they will be arrested. Please help!!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 12, 2022
Not sure of your question. But generally Judgments are enforceable for 10 years. Debtors do not go to jail for nonpayment, but can be held in contempt for refusal to disclose employment, cash, land, etc. when asked in discovery.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
