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Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is it legal for your landlord to sell the house u r renting without letting u know ?
Anthony M. Avery
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Anthony M. Avery
answered on May 25, 2022

Absolutely... unless your lease says otherwise. And the new owner takes title subject to the rights of the tenant.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What happens when a writ is filed against u in Nashvile TN on an eviction
Anthony M. Avery
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Anthony M. Avery
answered on May 24, 2022

I assume you are the defendant on a Writ of Possession. Soon the Sheriff will physically remove you from the premises. If you return, it will be Criminal Trespass.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord terminate our lease early if our rental payments have been late but have always been paid?
Bennett James Wills
Bennett James Wills
answered on May 4, 2022

Depends on the language in your lease and whether the landlord accepting your rent with or without reservation.

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: Memphis TN I need to know exact steps that I need to take in order to retrieve my personal property . Court forms etc

I want a police escort and need to know the proper way to handle this. My roommate was going into my room and stealing my things and I have proof on camera. She is bitter and is refusing to let me have my belongings. She claims I have plenty of money and parents to buy myself replacements of... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 22, 2022

Action to Recover Personal Property in General Sessions Court. Bond will probably be required, so determine if the stolen items are worth it.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my roommate make me leave with giving me only 3 days to get out I am not on the lease but I've lived here for 2 yrs

I am on SSI and have no family to help and nowhere to go and 3 days is not long enough and today is the 3rd day...she said she's going to have sherif remove me can they do this to me

Anthony M. Avery
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Anthony M. Avery
answered on Apr 15, 2022

A Detainer Warrant must be filed and served. After the Court gives lessee possession, the sublessee will have 10 days to leave, or a Writ Of Possession can issue and be executed.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In Sullivan County Tennessee can you be made to leave immediately if you have lived in a home for more than 30 days

No rent and no rental agreement

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 7, 2022

You are subject to either a Detainer Warrant or Ejectment, outside an Order of Protection (immediate). If served or posted, you go to Court. Possession is given to the Plaintiff and you then have ten days to appeal. Otherwise a Writ of Possession is executed for the Sheriff to remove you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How long after landlord is granted possession does a tenant have to appeal the decision?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 21, 2022

Ten Days, but you will probably need to post a Bond which could be very expensive.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My tenants have consistently paid late for five months. Can I terminate the lease without cure just for paying late?

It states in my lease that paying in an untimely manner can lead to eviction. I have yet to give them a notice. I just want them out.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 10, 2022

If the Lease Contract actually has that term, then file a Detainer Warrant. Suing For Possession Only would probably meet your objectives. Service or Posting is Notice To Quit.

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: If owner of property takes away granted permission to be on said property, and tells to vacate and persons do not leave
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2022

The owner will have to file and prosecute a Detainer Warrant in General Sessions.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How do I remove unwanted trespassing, unwanted guests no longer wanted in a home without a lease agreement?

Guest of home owner wishes that said guests would vacate property once granted for a short period, now no longer granted to leave said property. Guest were granted access to home, for a period of time, to find new housing, violated verbal agreement, by not finding other housing within that time... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2022

The only legal remedy is filing a Detainer Warrant, and that is what he should do today.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Am I responsible for past due HOA fees accrued by in laws?

When my husband's parents passed away last year, we inherited their home. About a month later, we got a note from the HOA that they hadn't paid most of the time, about $1280 worth. Now that our name is on the deed, are we responsible for that past due amount? I've looked through the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 24, 2022

HOA dues are a lien against the property, not the owners. If not paid, foreclosure occurs whether you bought or inherited the condo.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Just found out today where I've lived for 3 years is being sold real estate agent said I had to be gone in two days

Shouldn't i get at least 30 days i cant find a place in 2 days plus i have no lease i need more than 2 days

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 9, 2022

You could wait until a Detainer Warrant is served upon you. The full removal process would usually be 45 days or longer. But the owner may mess with you, like cutting off utilities, etc. You might ask for money to leave fast.

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Tennessee on
Q: When a judgment is awarded in favor of the Plaintiff; How long before Writ of Possession can be executed? Same day?

The Plaintiff (Landlord) won the Detainer Warrant hearing by default as I could not appear due to my being hospitalized the night before the Hearing at 9 am. (However, I had no real defense, I was behind and had no way to come up with what I owed; 2 months rent, so I was expecting to lose at the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 8, 2022

If you are still in possession ten days after the Judgment, then the landlord can ask for a

Writ of Possession to issue. Usually the Sheriff will contact you to leave prior to force, but it is not required. Not going to Court probably forfeited your Security Deposit which you did not...
Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for Tennessee on
Q: Owner scheduled all windows to be replaced. We will be out of town and do not want anyone in the house.

What are our (tenant) rights? Can we change the locks so landlord cannot gain entry?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 7, 2022

Landlord/Owner has a right to go on leasehold. It is probably in your Lease with a notice provision, which is why they told you. Trying to prevent the landlord's lawful entry will be a breach of contract and grounds for a Detainer Warrant. I would take pictures of everything before I left.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I’ve leased for 3 years and just renewed my lease. Do I have the right to ask and or receive new carpet/flooring/ paint
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 2, 2022

You have no right but you can ask the landlord/owner to replace wore out fixtures.

1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Q: does Tennessee have any laws on tenant contact with former resident about security deposit? It’s been over 30 days

Since I moved out. And they just called me saying the damages went over my 850 security deposit and I owe them $250.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 23, 2021

SOL of property torts is 3 years. So the owner has plenty of time to sue you for damages. I would think they would keep your security deposit and forget about the rest. But if they serve you with a Civil Warrant, go to Court and deny any such damages.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord throw me out after a 14 day notice to quit, or do we go to court?

She's threatening to come with sheriff tomorrow, the 14th day.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 15, 2021

Have you been served with a Detainer Warrant? Have you went to Court and the Judge granted the owner's request for possession? If not, then the Detainer Process has not been completed. If so, then after the time for an appeal expires, a Writ of Possession can be executed which physically... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is a renter allowed to ask a tenant to move out even tho the tenant has done nothing wrong?

I live in a mobile home. My landlord, whose name is on the land, passed away in April. We had a verbal agreement, with his brother as a witness, that said I am allowed to live here as long as I wish and said on multiple occasions that his daughters will honor that if anything happens. I have been a... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 30, 2021

Yes the owners can recover possession. A Detainer Warrant is the usual method, but there are others. Your oral agreement is not enforceable past a month. You should have expected this.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Renting but can I refuse an agent entry to the property tomorrow while I am at work and I have a dog. Just now notified.

I have a large dog and no way to make arrangements while I am work tomorrow. I told this to the property manager and her response was she only has to give 24 hours notice.

Bennett James Wills
Bennett James Wills
answered on Nov 29, 2021

Look at the terms of your lease. Typically, 24 hours is sufficient notice.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Someone is living in our house, not paying rent or utilities, can we enter the home

This is in lawrence county tennessee

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 10, 2021

If you are the titled owner, you can break the door down. But do not get in a fight, or you will be arrested and the occupant will have leverage. Hire an attorney to file a Detainer Warrant For Possession Only immediately.

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