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Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How do you evict someone when selling a house in TN, when they were fully aware that us selling might be an option?

yearly lease, behind on payments, but paying so much bi weekly - renewed lease and even lowered the payment for them. Have had people come look at the house while tenant was there

Anthony M. Avery
Anthony M. Avery answered on Feb 21, 2020

You must file a Detainer Warrant for possession only. It must be served or posted. You get a Judgment at the first hearing or the next. Then if the occupants are not out in 10 days, you must apply for a Writ of Possession to be executed. You obviously need an attorney and someone who can be... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: In TN What do I need to do if the judge who gave me possession said my notice of eviction was posted?
Anthony M. Avery
Anthony M. Avery answered on Feb 14, 2020

What is your question? If the Judge gave you possession, then wait ten days and see if the tenants are still occupying the place. Otherwise go back to Sessions Court and ask for a Writ of Possession to be issued and executed. If you did not get possession, then you have a serious problem,... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: IF LEASE AGREEMENT SAYS MO. TO MO & HAS EXPIRED & TENANTS REMAIN IN DWELLING & PAY WEEKLY, WHICH TERMIN. DO I USE

ADDTL TERMS WERE REQUIRED AGREED TO BY BOTH PARTIES W SIGNATURES THAT HAVE BEEN VIOLATED DAILY.

Anthony M. Avery
Anthony M. Avery answered on Feb 14, 2020

Not sure of your question. I would go ahead and file the Detainer Warrant now. If there is a termination issue, let the Tenants bring it up. But it will only delay the process.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is there a TN statute of limitations on landlords suing tenants for "damages" to property?

I moved out July 2015. Never heard from the apartment complex. Got mail from an attorney in Feb 2020 that I owed complex $490 for damages plus attorney's fees. Can they actually sue me for this after 4.5 years? I left a forwarding address and received nothing.

Anthony M. Avery
Anthony M. Avery answered on Feb 13, 2020

Getting a letter is not a suit yet. Landlord probably knows you are going to raise the 3 yr SOL on property damages. Your Lease might have had a different suit limitation period, but it is doubtful, and even then would be only a good argument in the face of the Statute. If sued and served,... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What takes precedence, lease or law?

My family needs to break our one year lease early. Our lease states that if we were to terminate early for any reason, we will be responsible for all remaining rent due to the end of the lease, forfeiture of all deposits and fees, plus two additional months of rent. Which will equal about $15,000.... Read more »

Paul E. Tennison
Paul E. Tennison answered on Feb 10, 2020

Law trumps the lease. There is a mitigation of damages requirement in Tennessee.

In general the reason people put language in the lease that goes beyond what the law allows is that such action is not illegal. People think with good reason that strong worded language scares people into...
Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Co-tenant, subtenant and a tenant in 1 rental. If tenant fails to pay rent, who should be served the notice to pay/quit

Co tenant and subtenant paid main tenant their agreed upon rent per their written agreement. The main tenant has not paid the LL. If the main tenant doesn't pay the LL, who should be served the notice to pay or quit? The co-tenant and subtenant both submitted their notice to vacate to the main... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 4, 2020

Who is in Possession? That is your main concern. Your Contract is with the main tenant I would suppose, but again the important thing is regaining possession, not money. Try filing and serving/posting the latter tenant. That will get it going, and if others are there, then you will have to... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What are the laws in Tn if one is arrested for aggrevated kidnapping ? Is landlord notified by police.

Are the police required to talk to or notify landlord if swat team/ arrests is to be done or has happened at their rental property.Kidnapping ,weapons,an assault charges made.

Anthony M. Avery
Anthony M. Avery answered on Jan 31, 2020

There is no law that the LEO's must notify a landlord prior to an arrest, execution of a search warrant, etc. If government rent assistance is involved, then the landlord or government bureaucrats get involved later.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What options do you have when a LL has a hostile tenant?

Tenant subleased rooms. LL required all adults to sign LL's lease. Subleasee gave 30day notice to vacate per sublease. Tenant says subleasee has to stay till end of lease because they signed LL lease. Tenant is getting very hostile, texting and emailing LL for hours. Tenant tells subleasee... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 30, 2020

LL should file a Detainer Warrant, probably for breach of contract. Warrant served/posted is notice to quit.

Apparently there is no "sub-lease", just a lease. Read it and find a breach.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What are the mobile home eviction laws for TN? How are the property owners required to send an eviction notice?

And how long are they required to give tenants to move?

Anthony M. Avery
Anthony M. Avery answered on Jan 30, 2020

Owner/LL must file a Detainer Warrant to be served/posted on the adult tenants. Then at Court, generally there will be a judgment for possession. Tenants have ten days to get out or appeal. If not out, then owner/LL must get a Writ of Possession issued for the Sheriff to physically remove... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a tenant charge their subtenants more than what the tenant pays in rent?

I read an article that stated that a tenant can not charge the subtenant more than what the tenant is paying the LL? Is this valid in TN? What can you do if you find a tenant charging a subtenant more?

Anthony M. Avery
Anthony M. Avery answered on Jan 30, 2020

If the tenants and co-tenants agree to such a rent arrangement, then yes, it is ok.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I am a landlord , I would like to terminate a lease and move back into my own home due to an illness. Is that possible?

She has 6 more months on lease and I have a chronic illness. Can I give her a 30 day notice

Anthony M. Avery
Anthony M. Avery answered on Jan 29, 2020

A competent lawyer should be able to find some breach of the lease contract. Also you or he might negotiate with the tenant to get out early. Spending some money now might be well worth it to you in your situation.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord charge a fee for paying rent on the 4 day of grace period. I am on SSDI, and I get paid on the 3rd .

She is threatening if you don't pay on the 1st of the month we will get a 14 day notice. And if not paid by 4th we will get a late fee.... And if we get multiple notices we could have our lease terminated.

Bennett James Wills
Bennett James Wills answered on Jan 29, 2020

Depending on if your in a county where the Tenn. Uniform Landlord Tenant Act is applied, there is a 5 day grace period, generally. See TCA 66-28-201(d). "There shall be a five-day grace period beginning the day the rent was due to the day a fee for the late payment of rent may be charged. The date... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Me and my family have been living in the same house for 15 years and still are. We have rent to own it.

We have a lease and deed from where we are buying it also. The landlord dropped the deed with out us knowing but we was and are still paying on the house still. She dropped it 5 years ago and just told us a few months back that she dropped it. Now her grandson who is not the landlord keeps bring... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 27, 2020

SOL for Detainer has run. Owner can only file suit for Ejectment.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord force a tenant to continue to pay rent on a month to month basis beyond the expiration of a lease?

I rented a property with a one year lease agreement but only lived there about four months. I allowed other immediate family members to live there after i left and they did horrific damage to house. I have since fixed all damage (myself not by pros). Unfortunately, nothing suits landlord. It's... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 23, 2020

You signed the Lease Contract, which apparently has not been terminated. Read the Lease concerning termination/ default. If you quit paying, the landlord can sue you for the remaining agreed rent, and might add damages. But he might not be able to collect. Walking away might be the prudent... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I have a family member who I let stay in my house withou no lease signed. They have paid rent 1 time while living there.

We had told them at the ending of last month they need to be moved out now they are saying they have 2 months to live there still. They havent paid rent with in the last 3 months at all. Saying we have no right to step on that property to remove them?? They are trying to argue alot with us. The... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 23, 2020

You have to file a Detainer Warrant on the adults. It must be served or posted. You go to Court and ask for possession only. If they do not leave 10 days after judgment, then you must get a Writ issued for the Sheriff to remove them.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I take my previous landlord to civil court?

My previous landlord has sent me to collections. I never was notified I owed anything or got to do a walkthrough and they changed my locks 2 weeks before my lease was up and kept all of my possessions. They have now sent me to collections for nearly $3,000. Can I take them to court over what they... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 7, 2020

Sure. You could file a counterclaim. Doesn't mean you'll win. You would be wise to consult with local counsel to determine your best course of action.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Landlord wrote out a eviction notice to be out in four days, is that legal. Been here 3 years doing work on the house.

For staying in it

Anthony M. Avery
Anthony M. Avery answered on Dec 27, 2019

That probably serves as your notice to quit. But to actually run you out, landlord/owner must file a Detainer Warrant, serve or post it, get a Judgment for Possession, and if you are not gone in ten days, get a Writ of Possession issued then executed by the Sheriff (physically remove you). Your... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Do I have to give my employer name & number to my landlord, If I'm self-employed?

Landlord is threatening to follow me to work to ask boss for his info if I don't get it for him

Anthony M. Avery
Anthony M. Avery answered on Dec 23, 2019

If you wish to rent real property there, then you will have to accommodate the landlord. You may wish to rent elsewhere. No law requires you to disclose such information.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: can a landlord stop doing maintenance for not paying rent
Anthony M. Avery
Anthony M. Avery answered on Dec 20, 2019

No, and it will only give the Tenant a cause of action under the Landlord/Tenant Act, which includes Shelby Co. The better route is to file a Detainer Warrant for breach of lease contract (no rent $).

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