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Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord serve a mailed eviction letter if my rent is only 14 days late?

Sent a letter stating I need to vacate the property my 12-1-22 because I am within this month late on rent. Due 11-1 and have a 5 days Grace period. Is this legal without a 14 day notice to cure?

Bennett James Wills
Bennett James Wills
answered on Nov 16, 2022

Look at your lease. Often there are provisions in the lease that you have waived notice for non-payment of rent. If you didn't pay in the grace period, then the notice may well be proper.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: There is no lease and the overseer of the unoccupied house has paid no utilities or rent can the said person be easily

evicted?

Anthony M. Avery
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Anthony M. Avery
answered on Oct 31, 2022

File the Detainer Warrant for possession only now. You probably should hire an attorney to file this.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can landlord force tenant to leave unit when the tenant has not violated lease. Landlord refuses to remove mold in unit.
Anthony M. Avery
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Anthony M. Avery
answered on Oct 18, 2022

A good lawyer can figure out how to get possession from an unwanted tenant. It sounds like you are being given lots of time to find a new rental.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: In TN, am I required by law to sign a new lease if my rental property is sold? I have 16 mo left on a 24 mo lease

Based on the reply I received, I need to add more details. There is no clause in the 2-year lease that says the lease is voided if the property is sold. The new owners are buying the house as an investment with full understanding and agreement as part of the purchase that there is a current tenant... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 17, 2022

Maybe. You should check the terms of your lease. Sometimes there is a termination on sale clause. If not, the new owner would buy the property subject to the lease.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Do you have a right to see paperwork presented to the police against you in Tennessee

Got a Friend being evicted from her house. she doesn't have her rental agreement and the landlord refuses to provide a copy. If the landlord presented paperwork to the police specifying that you had to leave in less than 30 days. Would you have any legal right to see the paperwork presented to... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 7, 2022

Is there a Detainer Warrant issued or not? Call your General Sessions Court and ask if friend is a defendant. It must be served or posted.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: we unfortunately have Covid and are unable to move everything out in the allowed 5 days. Can we ask for 2 more days

Are lease is over but we got sick with Covid and have no one to help us … we are starting to feel better and need a couple more days to vacate the property.. what can we do and are allowed by the law to do on getting the rest of our things moved out of the apartment

Anthony M. Avery
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Anthony M. Avery
answered on Oct 5, 2022

Just keep moving out. It is up to the Owner to get a Writ of Possession issued, executed.

It sounds like you will be alright, but do not tear up the leasehold on the way out.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can landlords charge a full month rent to prior tenant when a new tenant moves in part way through the month?

We bought a house and moved out early on our lease extension. We gave thirty days notice and let the property manager show the house to a new tenant. There was zero lag in occupancy and the new tenant is paying more rent. My verbal agreement with property manager was for us to pay rent until a... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 3, 2022

Read your Lease. Prorating Rent is probably not addressed. So filing suit is probably not advised, especially since you quit the Lease early.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In the state of Tennessee if a employer does not garnish a employees wages after such garnishment was to be made

I garnished a renters paycheck for damages and her employer isn't garnishing them what do I do?

Anthony M. Avery
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Anthony M. Avery
answered on Sep 12, 2022

You have to go back to Court and try to hold the Garnishee liable. Hire a collection attorney.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is a motorcycle considered a vehicle?

As in I lived in an apartment complex that's say if two people live in an apartment they are only allowed two vehicle!

Anthony M. Avery
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Anthony M. Avery
answered on Sep 1, 2022

In Tennessee it is a motor vehicle.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My landlord sold the property to a new owner on the last day of our lease agreement. Who owes us the security deposit?

We moved out on the 30th of June and I think the new owners signed on that day. Our landlord has ghosted us in regards to the security deposit. She has not claimed any damages. I have given her thirty days and then sent a notice of failure to return deposit when I hadn’t heard anything. Before I... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Aug 22, 2022

Your contract is with the former owner. You could sue in General Sessions Court for Breach, Conversion, or in certain Counties, violation of Statute. It may not be worth it, but you probably know what Bank he uses to execute a levy.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I just received a "notice of termination" it says I have to be moved out by 8/15/2022. I just got the letter today 8/12.

We had a deal with the old landlord for $400 a month rent, paid yearly with tax return. We have lived here for over 10 years. The land was sold 2 weeks ago and I have had trouble with the new owner every day. He gave me 12 hrs notice that his people were going to throw away anything they wanted on... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Aug 12, 2022

You might stay until you are served with a Detainer Warrant, then play out the process until a

Writ of Possession is imminent. Any information you give the owner will be used to collect a Judgment from you. Apparently you owe rent so you might look for another place to live.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In Hardin Co Tn, how long does tenant have to pay back a judgement for rent & do they go to jail of they don't pay

New ownership less than 2 yrs in ownership of apts

They believe that since we won the eviction an judgement that if the tenant doesnt pay the monies owed they will be arrested. Please help!!

Anthony M. Avery
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Anthony M. Avery
answered on Aug 12, 2022

Not sure of your question. But generally Judgments are enforceable for 10 years. Debtors do not go to jail for nonpayment, but can be held in contempt for refusal to disclose employment, cash, land, etc. when asked in discovery.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: House showing when rental home for sale

I allowed a showing yesterday of the house I am renting. I am moving in January when my lease is up and I want to help out the owners. The listing agent has not disclosed in the listing that the home is currently rented so 75% of the showings so far are for people expecting to move in. Yesterday,... Read more »

Henry Ambrose
Henry Ambrose
answered on Aug 11, 2022

Talk to your landlord and ask them to deal with the agent. It sounds like the agent considers you a bother. That you want to have privacy and enjoyment of your home is not unreasonable, you are paying rent and are entitled to it. Its possible that your lease covers this situation and that may... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I would just like to ask if I just don't pay the rent for the month, and I move out, what are the consequences?

I want to move out because I had to quit my job to move in full time to be a caregiver to a family member.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 4, 2022

Landlord may bring a Detainer and/or Breach of Contract action in Sessions Court. It is very possible a Judgment for rent money from one month to twelve months, and costs will be decreed. A written Lease might allow other charges like attorney fees also. The Landlord might have you served prior... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I received a summons to court for an eviction hearing. If I move out before the hearing am I liable for court costs?
Bennett James Wills
Bennett James Wills
answered on Jul 22, 2022

Depends on whether they are seeking possession only or possession + damages; or possession and reserving on damages. Court costs are usually taxed to the defendant.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: 1. Can a landlord void a lease after it is singed and after taking moey for reent after voiding the lease.

The landlord presented a lease that was signed 2 january 2022, they then voided leases in may saying the tenant does not have any income and cannot live there without income.

Bennett James Wills
Bennett James Wills
answered on Jul 20, 2022

The terms of the lease would control the issue. Typically landlords run a background check and verify income before renting to someone. But once you're in a lease, unless the terms state differently, they can't then just decide unilaterally to terminate the agreement.

2 Answers | Asked in Appeals / Appellate Law and Landlord - Tenant for Tennessee on
Q: If i receive a eviction in a writ of possession case. I filed an appeal..does it stop the eviction until court date
Charles William Michaels
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Charles William Michaels
answered on Jul 13, 2022

First, I am not a TN lawyer. However, I agree with the previous answer. Usually, an appeal alone does not stop the trial court's judgment nor an enforcement of that judgment. A motion to stay the judgment must be filed, generally requiring a bond. But check your appellate rules as to when a... Read more »

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: 1. In the state of TN can a landlord use their key to enter an apartment at any time.

I'm accused of smoking inside because my clothing smells like smoke and my couch but have not been smoking inside apartment

Bennett James Wills
Bennett James Wills
answered on Jul 1, 2022

Look to the terms of your lease. But a landlord may not enter at just anytime. They have to give reasonable notice.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is it legal for my landlord to have my car towed for being behind in rent

My landlord refuses to give me a parking permit because I'm behind in rent they have now had my car towed because it did not have a parking permit and said they will continue to do so until rent is caught up

Bennett James Wills
Bennett James Wills
answered on Jun 30, 2022

What does the lease say? Your answer may be there.

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