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Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In TN Can a landlord legally take you to court without giving the tenant a written 30 day notice and a 14 day quit?

My lease agreement expires October 31, 2019 and I have already started moving from the home. On October 9, 2019 I was served with eviction papers due to unpaid rent. My landlord did not give me with a written notice before taking actions through the court. Did he follow the proper steps to evict... Read more »

Bennett James Wills
Bennett James Wills answered on Oct 14, 2019

Depends on what your lease says. Often times there's a waiver of notice for non-payment of rent. Consult local counsel to determine what, if any, options you may have for a defense.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My father recently died, in living in his house where moved in to care for him 3 1/2 years ago. I'm disabled, low income

Brother&sister plan to sale&want house vacant by months end but I have nowhere to go. Since brother is administrator can he evict me. How long can I legally live here?

Anthony M. Avery
Anthony M. Avery answered on Oct 7, 2019

It will be difficult to file a Detainer against you as you are probably a Tenant In Common, unless your Father devised the property to someone else or deeded it to someone else. You need to determine who owns the property first. It may be brought back into the Estate to pay bills of an insolvent... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my land lord withhold past copies of my rent payments and receipts? My documents were ruined by a leak in my closet

My landlord says they don't have to show me anything because the receipts are my responsibility, even though the leaking ceiling is their responsibility that messed up my belongings in the first place. I feel like they will try to use my lack of payment proof if I ever go to court against them

Anthony M. Avery
Anthony M. Avery answered on Sep 25, 2019

If th ere is a suit in Circuit or Chancery, then you might discover them with a request for document production. Or just subpoena duces tecum them. Outside of suit, unless a written lease says otherwise, you have no right to the landlord's records. Besides, the landlord will probably just get... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: can you get an eviction notice if you paid half your rent?
Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2019

Absolutely. That is a breach of the lease contract.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Landlord is selling house we lease in Tennessee. Will our lease remain intact?

There is no clause in our lease regarding this.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 18, 2019

Yes, if the new owner tries to evict or raise the rent, the prior owner will be in breach of your lease. The purchaser is buying the property "subject to" the contract ( your lease) already in existence, but only for the remaining term of the lease.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: It's been 2 months since I moved out of my rental and the landlord hasn't refunded my deposit back.

I asked about it and they said they returned it back to the last owner of the house. What actions can I take?

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2019

You can file a Civil Warrant against the Landlord for Breach of Contract. It may not be worth your effort, and it will probably take an attorney to collect it, if at all. Sometimes you can file a Judgment Lien after the Judgment is given.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: My tenant’s AC stopped working one evening. I missed her calls and she called repair man herself.

She got it fixed and texted me she would just deduct from rent. I know this isn’t legal but what is Landlords recourse? Can I withhold deposit for the repairs? It was a matter of a few hours, not even 24hrs to remedy on my pair.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 13, 2019

If she doesn't pay the correct amount of rent- that is a breach of the lease. She can only withhold rent in very limited circumstances, and as you say, it does not appear that she gave you enough advance notice or time to perform any repairs ( this assumes you are located in an area covered by the... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Do you have to pay back rent if the owner sold the property and gave no notice of selling?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 9, 2019

you owe rent for the entire time you occupy the premises- either to the new owner or, if "back rent" probably to the previous owner.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: My landlord wants me to pay to get a water damaged countertop replaced in my kitchen, but I was not negligent.

They cited improper wiping, but I know I did not expose the area to water beyond normal use. I strongly suspect the problem is due to the laminate countertop not being properly installed and/or sealed where the countertop meets the backsplash piece. What recourse do I have?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 9, 2019

If you refuse to pay, the landlord is likely to try to evict you. Ultimately, you could go to court and let a Judge decide what caused the damage.

If they evict you, the landlord will try to withhold your security deposit.

I would not agree to pay for damages I did not cause, but...
Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I have given the 30 day or remedy the unpaid amount. I need to know if I must file in court? Also I need to get this on

the market to rent. Can I show it once 30 days are up? Do they get another 30 days after the notice if they don't pay? If they stay, I will want a new lease bc this one has been broken. Can I do that?

Ty! Sue M.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 5, 2019

This can't be answered without checking the lease agreement. If there is no written lease and they tenants pay monthly rent, it's a month to month lease ( NOT "30 days"). If there have not cured the unpaid rent within that time, YES you must file in court to force the eviction if they do not... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Tn tenant vacancy rules. Was on a month to month lease. They terminated with 30 day notice. Can they charge $ for 1-15

We were on a month to month contract with an apartment community. They gave us a statement that said they no longer wished to renew our lease and gave 30 days. This was Aug 15th but if we stayed later than the 31st that they would charge a prorated rent from sept. 1st through 15th. Also if this... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 4, 2019

Certainly. It sounds like the landlord is trying to give you a break on rent. The Detainer Warrant must be filed, served or posted, have a Judgment for Possession declared, and if you are not out in 10 days, have the Sheriff remove you under a Writ of Possession.

2 Answers | Asked in Probate, Estate Planning and Landlord - Tenant for Tennessee on
Q: My father passed away and no will. He lived in Texas but inherited his father's home in Tenn. He is married but seperat

ed. I was told in Tennessee I had to settle estate here in Texas but Texas is telling me that I have to do it in Tennessee. The deed to the Tennessee property is still in my dad's deceased father's name(my grandfather) I am the only child .What is the right thing to do...

Nina Whitehurst
Nina Whitehurst answered on Aug 29, 2019

If any of the heirs are wanting to sell the home quickly, then you will need to probate both your grandfather's estate and then your father's estate. If you all plan to hold the property for many years, then this can be handled with affidavits of heirship. Neither of these are do-it-yourself... Read more »

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord conduct repairs with out acknowledging the tenant then making the tenants pay the repair bill?

My landlord made repairs with out acknowledging me prior, then sent me a bill for repairs I knew nothing about

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

Need more facts. Your lease may have the answer. But to conduct repairs and then pass the direct cost to you seems off. Have local counsel review your lease and the facts to determine what, if anything, you can do.

1 Answer | Asked in Landlord - Tenant and Animal / Dog Law for Tennessee on
Q: Is it lawful for a landlord/ property management company to refuse to rent to pet owners (i.e. pets)?

Why can they say "no pets"? Doesn't that discriminate against pet owners?

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

"Pet owners" is not a protected class like race, sex, or origin, subject to exceptions for proper service animals.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord terminate my lease over lawn care without first giving notice to quit? Note that I ceased violating it.

I started renting from him 7 weeks ago. After six weeks, I had not yet mowed the grass as I agreed to do in the lease, and he jumped straight to saying he wants to terminate the lease with no other warning. I have since gotten a lawnmower and mowed and maintained as agreed, but he still wants to... Read more »

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

Look to your lease for the answer. But typically, if you have cured the first violation then he would have a weak case for terminating the lease without notice and court process.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I am a tenant in jasper Alabama and I havent paid this month rent and my landlord shut off the electricity yesterday

He refuses to turn it back on until I pay rent. I am disabled and my 76 disabled mother lives here with me also. Can he legally do this?

Bennett James Wills
Bennett James Wills answered on Aug 23, 2019

You should post your question in the Alabama forum so Alabama lawyers may see it. If it were here in Tennessee, a landlord cannot cut off electricity for one month of unpaid rent. I imagine Alabama has similar protections. You would be wise to consult a local attorney for your options.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Landlord is making us move so he can move back in. Gave us a month to find something. Will we get our deposit back?

Moved in January 2018 pay 700 a month paid a 700 security deposit. July 28, 2019 landlord informed us we needed to find somewhere else to live because he was needing to move back into the house. He gave us until the end of august 2019. He has called us every weekend to see if we have moved yet. We... Read more »

Bennett James Wills
Bennett James Wills answered on Aug 19, 2019

Seems like he should refund your deposit. But also, you may be on the hook for August since you lived there, at least the majority of the month. What does your lease say about it? If he fails to return the deposit, consider filing a civil summons in general sessions court.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If I have a lease agreement can the landlord ask me to leave before lease expires ? Rent on time.. no criminal activity

The lease expires next August. We’ve been on time with rent and keep the place up to standard.

Bennett James Wills
Bennett James Wills answered on Aug 19, 2019

The terms of your lease control. Sure, your landlord could ask you to leave before the term is over - but can they force you out? No.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Tennessee on
Q: Landlord let neighbors take down fence and drive through our yard without notice while no one was home is that legal?

My husband noticed that a section of the barbed wire fence between our rental property and the neighbors field had a section missing and there were tractor tire marks in our driveway and grass. He texted our landlord and he said yes he gave the neighbors permission to do so. This morning I watched... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 19, 2019

You are not the owner, and the owner can grant easements and licenses.

You might claim the traffic is interfering with your exclusive possession and use of the Leasehold, but what would be your damages? By the time you went to Court, your Lease would be over or the Landlord would...
Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Tennessee on
Q: i was served a forcible entry and detainer or an unlawful detainer made by the defendant ....what dose this mean
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Aug 5, 2019

The landlord/property owner wants possession of the property, or in other words, this is an attempt to evict you ( make you move out).

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