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Tennessee Landlord - Tenant Questions & Answers

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 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 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 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 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 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).

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

Q: Man with no lease, refusing to pay, doing drugs, and vandalizing our property.

We have a 37 year old man who is refusing to leave our house. His girlfriend kicked him out and we said he could stay with us for a little until he gets his own place. He has a job and He is to pay $100 each week and a portion of the water and electric. That was the deal. He was caught doing drugs... Read more »

Anthony M. Avery answered on Aug 2, 2019

You might be able to file a Detainer Warrant. I admit that I do not know if this will work since you are not the landlord or the owner. However you and your Wife are entitled to possession as you have a Lease. Ask For Possession Only so the Officer can post it if personal service is not... Read more »

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

Q: Can a landlord utilize the security deposit of a tennant's in payment of utility bills in the state of Tennessee?

Although the lease stipulated that the renter (me) would pay for the electric utilities, at no time during the course of the lease (nor the five or so months following its end when I resided on the premises as a month-to-month (leaseless) tenenat) did the landlord broach the subject of the... Read more »

Bennett James Wills answered on Jul 31, 2019

Review the terms of your lease. That may contain the answer. Security deposits can be used for unpaid utilities subject to compliance with the lease and/or the Landlord Tenant Act.

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

Q: Paying my landlord's property tax for 3yrs. Lived here for 4yrs. Landlord can't be reached. How can I get the title?

I live in Nashville TN. My landlord may be in prison for tax evasion but I'm unsure. I haven't been able to get in contact with anyone about the estate and I don't believe the landlord granted power of attorney to anyone. I've been living on and maintaining this property for 4-4 1/2 years. The... Read more »

Anthony M. Avery answered on Jul 29, 2019

Paying the Taxes for 20 consecutive years can get you a presumptive Title. Then possibly file a Quiet Title Action against any possible Heirs. Seven Years Adverse Possession is only a Defense to someone running you out in your case.

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

Q: Who legally owns the pool and property?What legal trouble am I possibly putting myself in by serving on the BOD?

I live in a neighborhood in TN thay has a community pool. The pool and surrounding area (3 deeded lots) were created about 40 years ago and set up as a C corp. In 1983 the corporation status was revoked due to failure to pay fees and keep records. However, the deeds to the properties are still in... Read more »

Mr. James Charles Wright answered on Jul 24, 2019

Without looking at the documents it would be difficult to say who the owner of the pool is. It sounds like a homeowner's association was created but then allowed to be admistratively dissolved. The pool is likely owned by the owners of the lots in common. But then again that would be subject to... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Does a landlord have to reasonably try to make contact or collect on broken lease balance before serving court papers?

We broke our lease due to my husband losing his job and we could not afford the house. We explained the situation to the PM advised that we would be out by the end of the month. We were given a 14 day notice in which we did move out before the 14 days. Afterwards the property management never sent... Read more »

Leonard Robert Grefseng answered on Jul 23, 2019

There is no legal requirement for a creditor to ask for a settlement- they can proceed to enforce their legal remedies immediately .

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Can a landlord force you to empty your apartment to lay carpet and you are physically unable to do so?

They also say to turn off the AC because of the dust. I am a heart patient with COPD and other ailments and I can not take the heat and dust, and have nowhere else to go. The carpet in my apartment doesn't need to be replaced either.

Bennett James Wills answered on Jul 18, 2019

What does your lease say? Typically, with proper notice, landlords are allowed entry at a reasonable time to make repairs.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Can a realtor force a tenant to vacate the home prior to the end of the lease?

The house is being sold in foreclosure. The tenant found a new home and told the realtor that he could be out of the house by July 31, 2019. The realtor says that the closing is earlier and that he must leave by July 22. One concern is that the owner had fired the management company but told the... Read more »

Anthony M. Avery answered on Jul 16, 2019

Whoever owns it takes it subject to the tenant already there. The tenant can ignore the agent and just wait until a Detainer Warrant is filed on him. I recommend paying rent but not leaving until he wants to, or until a Sessions Judge takes possession from him.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: In the state of Tennessee. Can a landlord come in my home and take pictures without my consent?

My uncle came into my home and said he needed to get something. My daughter lets him in then all of a sudden we hear him taking pictures. Is that illegal in Tennessee?

Anthony M. Avery answered on Jul 15, 2019

As far as I know, yes it is legal. The landlord is either the owner or the owner's agent, and is entitled to inspect the leased premises.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Tennessee on

Q: Does the deed for a property say if there's a mortgage against it

Buying mother in-laws house ,copy of deed shows a transfer from his 2 sisters to parents with no lien against it ,the house has never been in sisters names and has always had a lien against it-- iv been paying the payments on this property for about 8 months I now have the money to pay it off ,I... Read more »

Leonard Robert Grefseng answered on Jul 12, 2019

You should NOT rely on statements contained in the deed. The proper way to make sure you obtain clear title to the property is to have an experienced lawyer perform a title examination ( and maybe even "title insurance").

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1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Can you get evicted over a noise complaint?

Leonard Robert Grefseng answered on Jul 10, 2019

Most likely , YES, but this can't be answered properly without reading the lease agreement.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: I moved to new apartment i put in 30 days and paid all of rent except for 100$. Do i have to pay it or my deposit covers

Bennett James Wills answered on Jul 10, 2019

A security deposit is not typically applied to rent. It is for the landlord to hold in case a tenant damages the property or otherwise fails to pay rent after termination of a lease. You should speak with your landlord but you'll probably need to pay that extra $100.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Tennessee on

Q: If maintenance causes damage to our personal property, are they liable to replace it?

We originally had an issue upon move in of a frozen ac unit, maintenance came and “rigged” it to run anyway to get through Memorial Day weekend. They didn’t come back until we called again to ask when they were coming.

They came today and shut off one of the units. After about an... Read more »

Paul E. Tennison answered on Jul 9, 2019

Based on the facts as you described them, they should replace your property that was damaged. The way you are going about it by emailing them pictures of what is damaged and requesting reimbursement is good. That could work. If they are unwilling to reimburse you after that, your next step could be... Read more »

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1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Can a landlord ask for a NONREFUNDABLE security deposit prior to signing a lease agreement?

Can a landlord tell you they will be keeping your security deposit when/before you sign a lease agreement?

Before signing a one-year lease for a condo, the landlord says we must pay a security deposit equal to a full month's rent, but that this security deposit will be non-refundable.... Read more »

Paul E. Tennison answered on Jul 3, 2019

No. Under the Tennessee Uniform Residential Landlord Tenant Act, the security deposit is refundable.

Landlords cannot deposit security deposits in the same accounts that contain any of the landlord’s personal assets.

The landlord must return either part or all of the security...
Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: My landlord keeps showing up to the property without notice. Is he allowed to do this, even if he doesn't come inside?

He comes to the property and hangs around outside. He doesn't ask to come inside, but it makes me feel as if he comes inside when I am not around and goes through my stuff. Is he allowed to show up to the property without a notice?

Leonard Robert Grefseng answered on Jul 3, 2019

Strictly speaking, the landlord is not allowed entry unless the lease provides for it, and most residential leases allow for inspections for maintanence and repairs, etc. Unless it is an emergency repair, the inspection etc would be during normal business hours. Unless you can document that he is... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: My landlord has asked me to move out because we had an argument. How much time is she by law supposed to give me?

Anthony M. Avery answered on Jul 2, 2019

Landlord must file and prosecute a Detainer Warrant. Most of the time it will take about thirty days from when they file suit in General Sessions until the Judgment of Possession is final or they get a Writ for the Sheriff to remove you.

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