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Tennessee Landlord - Tenant Questions & Answers

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Landlord - Tenant for Tennessee on

Q: Hotel Occupancy T.C.A. 67-4-4(7). Does the police not have to enforce the law whether civil or criminal?

My husband and I checked in on 8/30/2018. We have been here continuously, since. I have receipts to prove this. With that TCA, does the police not have to enforce the law as stated, even though it is civil? This hotel also turned our power off, and I know this is illegal as well, so I flagged a... Read more »

Anthony M. Avery answered on Jun 13, 2019

You are incorrect. The Police enforce criminal law violations. It is up to the citizen or the civil authorities to enforce common law, statutes and equitable principles in the Courts of our State. You may have a cause of action to sue for damages or to enjoin what you believe are illegal... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: I reside in Tennessee & want to evict two people who live with me that do not have a lease, and possess an illegal drug.

The eviction is due to finding them in possession of an illegal drug, and violating a verbal rental agreement for them not to come home intoxicated or bring home any alcohol. There is no lease involved. And they were never asked to pay rent. We allowed them to live with us to help them get back on... Read more »

Leonard Robert Grefseng answered on Jun 12, 2019

This problem occurs frequently among family, etc. Strictly speaking, since there is no lease and there was never a demand for rent, these people are NOT actually tenants- they are "guests"- and you have the right to ask them to leave at any time, just like you might have allowed a door to door... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Can landlord come into apt when told no need to change filter?

I am inquiring on behalf of my adult son. He has lived at this apt complex for 3 years. Never been late on rent and keeps to himself. He has a dog and a cat (he paid deposit) and has told them multiple times not to go into apt without him knowing because the animals could go out and get ran over.... Read more »

Anthony M. Avery answered on Jun 3, 2019

Usually yes. Read the Lease as some form of Landlord Right being able to enter the Leasehold is almost certainly in there. He may wish to look for another address as the Landlord is now messing with him.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: can my roommate kick me out with no notice and withhold my belongings when there wasn't a written agreement?

she is the owner of the home. it was never a written agreement as to how much to give her in rent. my boyfriend and i paid what and when we could and it was an adequate amount to pay for our living there and some of hers as well. she kicked us out and refuses to give us our belongings. we did... Read more »

Anthony M. Avery answered on May 30, 2019

Yes she can ask you to leave or have a Detainer Warrant prosecuted against you all. Write her a letter asking for the specific items back by placing them on the sidewalk, porch, etc on a certain day and time she chooses. If the items are valuable, you can file an Action to Recover Personal... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: What rights do I have as a homeowner against roommates I want to evict? No lease is involved. No rent has been paid.

We allowed them to move in with no lease and no rent. But now we want to evict them because they are alcoholics. There have been two incidents where the male has struck the female, according to her word. If there is no lease involved and no rent was expected, do we have a right to kick them out at... Read more »

Anthony M. Avery answered on May 30, 2019

File a Detainer Warrant in General Sessions Court. The service on them or the posting on the door is notice to quit. Do not get in a fight and tell them they can tell everything to the Judge. Be careful, because if there is a fight they will have you arrested for assault and have leverage... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on

Q: If I am presently renting but I have the option of buying a home. Can I break my current lease to buy a home and not owe

Will I have to pay out my current rental agreement. I live in Memphis, Tennessee

Mr. James Charles Wright answered on May 28, 2019

This will totally be controlled by the language of your lease with an option to purchase document. If you are violating a term of the lease the lease will generally provide a default remedies provision. Also, if there is some provision that let's you out of the lease then it should be spelled... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: To Anthony M Avery In Tennessee, can my landlord make me pay a plumbing bill when I didn't cause the problem?

I received a letter from them stating I have to pay a plumbing bill for something I did not cause. And can 100% prove .I'm scared and seeking some legal advice.

I've talked with a plumber and he says there is no way to prove it came from my house since we have shared pipes. And the toy was... Read more »

Anthony M. Avery answered on May 21, 2019

Remember the owner must file suit and serve you. Then you go to Court and the owner must prove his cause of action for tort to a preponderance of evidence standard. It may not be worth his while to sue you. If he files in Sessions, then defend yourself, probably by denying all knowledge or... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: We rented a house on 12 acres. Then we found out after we moved in that it isnt 12 acres, it's really 1.5 acres.

The landlord comes & goes on our property as he pleases along with his workers. He split up the 12 acres that we rented 4 months after we moved in & started building houses.

Anthony M. Avery answered on May 9, 2019

If you really feel the Contract is to Lease 12 acres, then sue for Breach of Contract. But I doubt you have any damages, and probably do not want to move out yet. Also you do not want to pay for 10 acres you are not using if that is what the Lease is about. You probably are not paying to use 12... Read more »

1 Answer | Asked in Products Liability, Real Estate Law and Landlord - Tenant for Tennessee on

Q: If someone agrees to watch personal property, can they decide that we "abandoned" it and withhold it for money?

She agreed to watch a horse and horse equipment until we were able to get it back. When we realized we could not get the horse we willingly signed it over to her. Now she is claiming that she now owns all of the horse equipment because it's been on her property but as not done anything with local... Read more »

Anthony M. Avery answered on May 9, 2019

You may wish to file an Action To Recover Personal Property in General Sessions Court. If not, you might as well abandon the items, because going there might be charged as Trespass. She might even charge you with Theft of Property if you take something.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on

Q: We own an occupied rental that we want to sale. The tenant insist that we can't show it between 12 - 3 pm. or weekends.

Do we have to abide by their demands?

Bennett James Wills answered on May 3, 2019

The answer would depend on what your lease says and also perhaps what county the property is in. If those two sources do not provide an answer then the general answer would be "no" you do not have to abide by their demands. But you would still be required to give as much advance notice as possible... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Is our landlord allowed to shut of utilities by means of eviction?

Is there free legal help for low income? He’s not able to work due to a serious skin infection he has from a fall trying to move without lights. We are being evicted and our landlord was harassing us by walking in and yelling and cussing us to get out. We have security servalance of this. I asked... Read more »

Bennett James Wills answered on Apr 17, 2019

A landlord cannot disconnect utilities to evict you. Contact legal aid in Davidson County.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: What is the law regarding the return of housing security deposits in Tennessee for rural areas?

I live in a rural area in Tennessee that is not covered under The Uniform Residential Landlord and Tenant Act. I received a notice to vacate on March 7, 2019. I paid the next months rent and vacated the property on the April 15, 2019. I asked for an inspection of the property to be completed that... Read more »

Anthony M. Avery answered on Apr 17, 2019

All you can do is sue for the Security Deposit back as a Breach of Contract. If you had a written Lease, it may have had a term dealing with the same. You could sue the Owner pro se in Sessions Court, but it would be better with an attorney. If the amount is under $700, you might not want to... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on

Q: Under 1 year lease landlord sells house new owner wants to dishonor lease completely and increase rent

Landlord sold house Friday new owners want to require a application be turned in by Sunday. They want to increase rent by $250 per month they will not honor the old lease and they will not give us time to think about an answer. Are any of these practices illegal and how can I appropriately handled... Read more »

Anthony M. Avery answered on Apr 15, 2019

If you want you can continue in possession any pay the current rental. However the Owner my file a Detainer Warrant to run you out. You would use the current Lease as your defense. However you need to find a new place to live, as the new Owner may come into your home, cut utilities, etc.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: How can I get my sister to move out my house. She has been staying with me for almost four years she doesn't pay any

Thing and she refuses to leave after I asked her. She is not on my mortage. I tired I don't know what to do.

Anthony M. Avery answered on Apr 13, 2019

Unfortunately you must file a Detainer Warrant against her in General Sessions Court. She can be served personally or it can be posted on the door. You are trying to get a Judgment for Possession, not rent. If she does not leave after 10 days, you must request the Court issue a Writ of... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Can a landlord charge a 10% late fee and $5 a day after the 5th day?

Anthony M. Avery answered on Apr 9, 2019

Yes and that is a very common late payment penalty.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: When should a landlord replace carpent in a unit? I've lived in my apartment for over 8yrs and he refuses to replace.

The original owner sold the (4-unit) property to the new owner(s) who refuse to replace my carpet, pay for professional cleaning and/or new paint.

Anthony M. Avery answered on Apr 8, 2019

Unless it is in your Lease Contract, there is no requirement for a Landlord to repair a floor covering ever.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: when you as a renter are on a .month to month lease and and the landlord has been informed there is no water and its

well water which it include 2 houses how long does said landlord have to rectify this problem.and what actions can be done toward landlord not being concerned over problem and not answering his phone when you call or text PERSON

Anthony M. Avery answered on Apr 3, 2019

There is no time requirement for the Landlord to fix a problem unless a Lease Term so specifies. Obviously you are now on a month to month Lease without the Landlord having a duty to repair. You might wish to find another place to live. I do not believe a decent suit for Constructive Eviction... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Can u visit someone at a property where u received a writ of possession

Anthony M. Avery answered on Apr 3, 2019

No, you would be guilty of Criminal Trespass.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: I was served with a detainer warrant we went to court but they didnt serve me for 4 months

I was told detainers are only good for 30 days and they charged me with tresspassing on the writ of possession that was unlawfully obtained for trying to get the rest of my property. Is the information i have accurate?

Anthony M. Avery answered on Apr 3, 2019

It appears there has already been a Posting of the Warrant, a Judgment for Possession and now a Writ of Possession issued. If you go there, you are criminally Trespassing.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Am I legally required to provide my forwarding address to a landlord if there is no deposit being returned?

I do not trust my landlords and I do not want to give them my forwarding address. I am not expecting any deposit to be returned. I never gave one and one was not collected.

Anthony M. Avery answered on Apr 1, 2019

No. Obviously they wish to have a location to serve you with Process if they sue you.

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