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Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: does the sheriff serve you with papers when being evicted or the landlord? does it have to be a court document ?
Anthony M. Avery
Anthony M. Avery answered on Apr 12, 2021

Either a deputy sheriff or a private process server will serve the Detainer

Warrant. But in possession only cases, the Warrant only has to be posted. Often the notice to quit is verbal, written, message, etc., but that is not a Detainer Warrant for

Court.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: My husband who is a vet and works for a firing range got off work went upstairs and asked them to be quite

He did have a gun in him because he just got off work but never put his finger on the trigger or threatened to hurt any of them. Can we fight this till we can find a place

Anthony M. Avery
Anthony M. Avery answered on Mar 24, 2021

What happened? Assuming no criminal charges, you may wish to make the landlord go through the entire process for eviction. A Detainer Warrant must be filed, served or posted, a Judgment for Possession rendered, and if you are not out or appeal within 10 days, a Writ of Possession is issued and... Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for Tennessee on
Q: I rented an apt and 28 days later they had a court order in my husbands name for $3500 back rent. It's on my credit.

I have the court orders in his name only and I need a lawyer to resolve this issue.

Anthony M. Avery
Anthony M. Avery answered on Mar 19, 2021

It appears they found your Husband through you. Your Husband should have been served with whatever suit was filed, and should have defended himself. Now he must immediately file to set aside what may be a Default Judgment, or file an Appeal, hopefully an Appeal De Novo. He must act fast and... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: Can my apartment complex tow my car for having expired tags?

My boyfriend's car has expired tags and they just a notice on it today that it will be towed. I searched through the lease agreement and I cannot find any information regarding a vehicle with expired tags. It only states they can tow if the vehicle is parked illegally like if it's in a... Read more »

Ross Matuszak
Ross Matuszak answered on Mar 12, 2021

Thank you for your question. Absent more information, I cannot give a definitive answer. However, many apartment leases include a "disabled vehicle" clause. This clause usually states that the apartment reserves the right to tow vehicles that they believe to be disabled or an eyesore (due... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can you be sued by a landlord after 12 years
Anthony M. Avery
Anthony M. Avery answered on Mar 10, 2021

Normal SOL on Breach of Contract is 6 years. Unless you agreed to another SOL or a Judgment was entered against you, which is usually collectible for 10 years.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If I were to legally pursue my security deposit without legal representation what steps would I need to take?

I moved out of an apartment on July 31, 2020. The leasing office mailed me an “estimated list” of charges on September 14, 2020 in which the letter also indicated that I would receive a final charge list shortly after. After not receiving any follow up communication I began reaching out towards... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 3, 2021

You have already did what you can without a lawyer. If the security deposit is significant enough, hire an attorney to pursue it and collect a judgment. Otherwise forget about it.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: They served us eviction papers before the month was over l am 31 days late and have a court date tomorrow is this legal
Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

You were served prior to Court, so what is the problem? A continuance is possible, but it appears you have no defense to an Unlawful Detainer Warrant. I suggest you start looking for somewhere else to live, and not pay April's rent.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I live with my sister and her boyfriend also slit the rent for 5 months now. Can she throw me out. I get mail there.
Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

The owner, landlord or possibly even the tenant, can file an Unlawful Detainer Action against you. It will take just over a month to remove you from possession.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If i received a forcible entry and detaineDo I have to show up for court if my balance has been paid prior to court day?
Anthony M. Avery
Anthony M. Avery answered on Feb 2, 2021

I recommend you go to Court to make sure no more rent or costs are given to the Plaintiff than should be due. It can probably be one of the first cases called if you talk to the Plaintiff landlord and agree to a Judgment, maybe getting a security deposit back.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: I live at a house that has 3 co-owners. Can one owner evict me without the others' consent?

There is no formal lease agreement.

The co-owners are my family.

I do not have any ownership of the house.

I give monthly money as "rent."

Anthony M. Avery
Anthony M. Avery answered on Feb 1, 2021

Any Tenant In Common can file a Detainer Warrant against you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My old landlord sold the apartments to new owners and they are tying to collect money due from old landlord ?

Can they do that ? If you never was given a notice about the new owners never signed any lease agreement with the new owners , and the only reason I stopped paying my recent landlord is because no one was coming to fix maintenance issues in my apartment, the constant bugs and mold and water coming... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

Consider consulting a local attorney to address your issues. But generally, a landlord can sell their property and assign the tenants' leases/contracts to the new owner. This is called an "assignment." You should also look to the terms of your lease to see how the contract addresses... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My landlords son has put up a gate at the end of my driveway because he said the bridge was falling. And now i have no

To be able to get out of my driveway. He told me to go through the field and i cant do that cause i dont have a 4wheel drive and he told me it would be awhile before he could fix it. He said i had to park at the end of drivway and walk. Its 20 degrees and i have a child

Anthony M. Avery
Anthony M. Avery answered on Jan 11, 2021

There are no easements for the benefit of one on his own land. Suing your lessor for access is possible,

but expensive and will take a long time. Constructive eviction would be a hard sale where a reasonable accommodation has been made. Finding another residence is probably a far better choice.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My landlord entered my home without consent while we were away, stole money and is now refusing rent

Can he enter my home without consent in a non emergency and what can I do about him refusing rent

Bennett James Wills
Bennett James Wills answered on Jan 5, 2021

A landlord may enter only in an emergency. If money was stolen, you should consider making a police report. As for the civil side of the issue, contact a local attorney for your best options.

1 Answer | Asked in Landlord - Tenant and Collections for Tennessee on
Q: i have been paying rent to an apartment, who now has no record of me lving there help?? please!!

My apartment complex got bought out by a new management company and has somehow moved me out of their system. They have now switched over to online rent payment option only and i have no way now of making my payments due to the webiste saying there is no record of me living at the adress. No one in... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 8, 2020

Yes, I would go talk to the management company in person. If the facts are as you describe, they should be able to fix the error in their system. You could also write letters/emails to the management company describing the issue and asking them to rectify. If you are still unable to resolve this,... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Tennessee on
Q: Without any prior notice, not in any violation of lease. I was evicted by force Can I.sue.l

Have not been allowed to gather any of my belongings until yesterday.90% of which is missing evicted on 11/10/2020

I have lost my job as a result. No clothing all my tools are gone. Can't find work no tools any more. My now exgirlfreind wanted me out, so landlords violated every rule... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 8, 2020

You have not stated whether a Detainer Warrant was filed or not. But if you have some kind of proof or an admission the landlord or his agent took your property, you can sue for Conversion. Be careful of your defendant's name and and service. General Sessions is probably the best forum.... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I'm being evicted. I own the mobile home but rent the lot.

The mobile home isn't really worth paying to move it and I don't have nearly 7k to pay. So what happens to it now? Do I have to give it to them? Do they have to buy it from me?

Anthony M. Avery
Anthony M. Avery answered on Dec 7, 2020

The mobile home is your problem as it is your property if the certificate of title is registered to you. Sometimes you can sell the home, but you will need to start soliciting buyers quick and there will be little money offered. After a Judgment For Possession goes down against you, it will be... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What is the process that I need to take to evict and recover rent for nonpayment/tenant breaking lease?

Nashville: I am a landlord that has a signed lease agreement with a tenant for 12-months of which 6-months were fulfilled. The tenant is currently at my property, hasn’t paid rent and stated the he does not plan to pay.

What are the steps that I need to take to ensure the tenant is... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 7, 2020

Hire a competent attorney in the Davidson County area. Get him to file a Detainer Warrant and prosecute it until the occupant is gone. Do not get security deposits anymore, due to the Landlord/Tenant Act applying there. Hopefully the virus mess will not hold you up, but file the Detainer asap.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I had resolved prior lease violations can my landlord send me a non lease renewal notice due to resolved violations?

I already had an eviction notice for violations and I had taken care of them and my landlord signed off that they were resolved but now is sending me a non lease renewal notice for these violations that were already taken care of and signed off

Paul E. Tennison
Paul E. Tennison answered on Dec 4, 2020

Most likely your landlord can do this. The eviction notice is about forcing you to leave during a current lease. It seems that your previous actions resolved those issues so the eviction was not completed. Once a lease is complete, there is no legal obligation for the lease to continue unless the... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is it illegal for a landlord to arrange a walk-thru for 1 tenant’s bedroom, and not notify the other tenants in house?

Is it illegal for a landlord to arrange a walk-thru for 1 tenant’s bedroom, and not notify the other tenants in house?

At the house there are 3 bedrooms for rent, 3 non-related tenants and their own lease agreements. The landlord made arrangements with 1 tenant that was preparing to move... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 4, 2020

I do not see a way that this would be illegal under TN law. Your facts say the landlord only inspected the one room that she made arrangements to inspect and did not enter the other two. In general there is no expectation of privacy in the shared areas in a house where multiple renters live. She... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can landlords to deduct from a security deposit the cost of paint in a rental home in TN?

My former landlord is attempting to deduct the cost of repainting nearly the entire interior of the home I was renting from my security deposit. The paint hasn’t been damaged more than normal wear and tear (nail holes and drywall anchor holes, both were present in a smaller quantity when I moved... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 4, 2020

They can charge for items above normal wear and tear. Sounds like the answer to your question is likely "no" and you're not being properly charged. But without seeing the property or knowing more, hard to say for sure.

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