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Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Q: Should one dispute excessive move-out fees in small claims court?

I recently moved out of an apartment in Tennessee. Despite multiple requests, I was never given a walk-through. In addition, we left 2 weeks before our lease ended due to fear of COVID-19, and the fact that we did not feel our apartment was following CDC Guidelines.

Despite this, the... Read more »

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

Venue will basically be the County and State of the leasehold. If you do not pay what is demanded, then the landlord can sue you in that County, but will have to try to collect any Judgment against you. If there was a security deposit, than that might be something to sue for.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I live in Obion County Tennessee. I have a live in girlfriend that wont stop screwing around on me. How do I evict her?

I asked her to leave and she refuses. She threatened to shoot me if I evict her. She then threatened to burn my house down. Also stating she could hide my body for a year before anyone asked about me. By then the cops will have more important things to do than worry about finding my body. She has... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2020

File a Detainer Warrant in General Sessions Court For Possession Only. It must be served or posted. Do not ask for rent money or costs. If she is not out within 10 days of the Judgment, hire a lawyer just to get a Writ of Possession issued and executed. Do not get in a fight, or she will get... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: I emailed my landlord I wanted to renew my lease for a year. She replied ok. Is it legally binding? I didn't sign anythn
Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 14, 2020

Your lease will control how the lease is renewed. Look at your lease. The lease may automatically renew- unless you give notice of termination. It may renew if you give notice that you are renewing- either either of those- your notice was enough.

The lease could require a writing by...
Read more »

1 Answer | Asked in Business Law and Landlord - Tenant for Tennessee on
Q: Can a landlord not refund the sec. dep. if you haven’t signed a contract & they never told you that it’s not refundable?

No contract has been signed. The agency/property managers did not disclose that the security deposit would be non-refundable prior to paying the security deposit. As soon as the payment was made they stated it was not refundable.

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

Landlords refuse return of security deposits all the time. You usually have to sue in General Sessions if you really want it back. The oral statements are pretty much irrelevant as the monies are supposed to be for a security against leasehold damages.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: So I got a Detainer warrant, but I just started back working can my rental office refuse payment from me ?
Anthony M. Avery
Anthony M. Avery answered on Jul 10, 2020

Yes... You can try to pay all your owed back rent after it is due, but if the landlord refuses to take it, that is their choice. Be sure to go to Court and ask for your security deposit.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Tennessee on
Q: paid deposit for new rental but never moved in due to cancer diagnosis.Landlord refuses to return deposit.Is that legal?
Anthony M. Avery
Anthony M. Avery answered on Jul 8, 2020

You will probably have to sue for return of the monies in General Sessions Court. With a Judgment, you may have to collect.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Complaint has been made to me by the plaintiff (apartment) of a certain forcible entry and detainer.

Made by the defendants (name) unto certain lands or premises in this county

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

Not sure of your question. But that is a Detainer Warrant for possession of the leasehold. The owner wants the renter out and may also want unpaid rental payments. Go to Court and ask for return of the security deposit if there is one. Start looking for another place to live. You might get... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a eviction summons he left on my door

And also are evictions process through general sessions Court?

Anthony M. Avery
Anthony M. Avery answered on Jul 6, 2020

Detainer Warrants can be posted on the leasehold when personal service is not successful and possession, not debt, is the only issue for the Court.

2 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Are evictions typically held in general sessions Court?
Anthony M. Avery
Anthony M. Avery answered on Jul 6, 2020

Tennessee terms them Detainer Warrants in General Sessions, but they can be filed in Chancery and Circuit also. In those Courts, title issues are usually the primary causes of actions.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: I'm going through a eviction notice just got back to work how much time do I have to move out or could there be payment
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Not sure of your question. But you have been told to leave soon. If not, the owner will prosecute a Detainer Warrant against you, which can take three to six weeks.

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: What should I do if I am told I cant come back to the camper I live in being extorted and strong armed out of my home

I have a contract to buy/live in a camper. The other party is extorting me for more than agreement, and wont let me back In my home. I've already paid 2600 of the 3300 we originally agreed upon and now she wants an additional $1000 out of no where. I have been told if I am seen near the camper... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 28, 2020

I would retain a local attorney soon to file suit against the former owner of the camper. You can also call the police and make a charge of harassment or theft; however, I would let your attorney know before you do that.

1 Answer | Asked in Real Estate Law, Agricultural Law, Constitutional Law and Landlord - Tenant for Tennessee on
Q: I feel like I'm being discriminated against by rental companies in my area due to drawing unemployment benefits.

I have tried to rent a home from 3 different rental MGMT companies and was refused because I draw unemployment right now. All of them said I had to have a job or be employeed and could be verified. Why will they rent to someone that draws disability that is verifiable, and they do not have a job,... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 21, 2020

I'm sorry for your frustrating ordeal. Your post remains open for three weeks, and at this point, you could try reaching out to Tennessee landlord-tenant attorneys. From a practical standpoint, L-T attorneys would probably have the best insight into your situation among all the practice areas... Read more »

Q: I inherited family property from my father in Feb 2011 at that time my father had gave permission for his niece to place

Her new mobile home on said property in 2010. This property has 2 separate lots for 2 separate homes with electric at both locations but only water for main dwelling. In 2011 I purchased a mobile home and placed it on my 2nd lot & negotiated the same terms for family that my dad set which was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 18, 2020

I assume you filed a Detainer Warrant, which the Defendant is appealing de novo to Circuit. With this he will need to post a Bond, which you need to argue the amount of. His paying taxes may allow him to claim it, but that number of years does not give him a presumption of ownership. Adverse... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord refuse to renew my lease and evict me during COVID-19?
Anthony M. Avery
Anthony M. Avery answered on Jun 18, 2020

If you are not subject to Government Subsidized Rent Payments, then yes. A Detainer Warrant can be prosecuted against you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In Tn what is the law for a landlord /tenant,if tenant is on a month to month an up to date ,then they file bankrupsy.

bankruptcy. If they miss the next due rent what can an cant be done by landlord in this circumstance?

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2020

The Owner must hire an attorney to represent him in Bankruptcy Court. You must move for Relief From The Stay, get an Order, then prosecute the Detainer in General Sessions.

1 Answer | Asked in Consumer Law and Landlord - Tenant for Tennessee on
Q: My mom is elderly & has a rental property that she holds a mortgage and the tenant has not paid rent in 5 years.

Do I have a legal right to assist? She barely has enough to get by each month.

Anthony M. Avery
Anthony M. Avery answered on Jun 12, 2020

Unless you are her Attorney In Fact or other Fiduciary, no, you have no standing. You might check the Deed to see who is the actual owner, so maybe you have an interest. She needs to file a Detainer Warrant today. Actually it may be too late and require Ejectment. She needs a competent attorney... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can you get evicted in tn for late fees even if you pay your monthly rent in full and they accept it
Anthony M. Avery
Anthony M. Avery answered on Jun 11, 2020

Yes... The owner must file a Detainer Warrant, serve/post it on you, then get a Judgment for Possession.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can the landlord terminate power and water with people still in the residence?

Even if electric and water are in his name and have proof that we, the tenants, have paid them?

Anthony M. Avery
Anthony M. Avery answered on Jun 9, 2020

In non Landlord Tenant Counties, yes the Owner can terminate utilities to his own property.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What should I do if my landlord is refusing to fix my house, it is in bad shape health violations and more.

My landlord has a contract with our city to fix his own properties and we have asked him for months to come and fix our bathroom, kitchen, ceiling tiles, and our closets which have no ceiling in them resulting in our clothes being ruined.

Anthony M. Avery
Anthony M. Avery answered on Jun 1, 2020

I recommend looking for another place to live. It is very unlikely that you will get any Landlord to rebuild the Leasehold like that.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My daughters boyfriend has been living with us for 6 months is not on a lease not paid any bills here..

Today he moved most of his stuff out..Do I need to evict him still?

Anthony M. Avery
Anthony M. Avery answered on May 18, 2020

It is very hard to get a Detainer Warrant Hearing now. And it appears you might have him close to being out. You may be able to assist in packing his things, but do not get in an argument. See if you can get him out prior to June 1. If not then file your Detainer for possession only.

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