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Tennessee Landlord - Tenant Questions & Answers
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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: I have a tenet, who is on a month to month and has not paid April 2020 or May 2020 rent,do I have to give a30 day notice
Anthony M. Avery
Anthony M. Avery answered on May 11, 2020

You can file the Detainer Warrant now for April's Rent. The service or posting is a Notice To Quit. Expect delays though getting to Court due to the virus mess. Hopefully in June.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My Son & I live with my father 82. His 46 yr old GF has moved in, not good. What rights do I have- house deeded to me.
Anthony M. Avery
Anthony M. Avery answered on Apr 29, 2020

You can file a Detainer Warrant to remove her with General Sessions Court. Do not get in a fight, or she will have leverage over you. It would be better to have a lawyer handle this, as the execution of a Writ of Possession may be necessary.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How do I apply for an injunction in this case?

I was given 3 days from Friday evening

Bennett James Wills
Bennett James Wills answered on Apr 27, 2020

For what? Your questions doesn't have any details. Consult local counsel to discuss your needs. But typically an injunction is a written request to the court to take some sort of action.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I recently recieved a notice to vacate in 3 days alleging I threatened someone. What can I do about this?

It stemmed from an incident where I requested reimbursement for my car being towed unbeknownst to me. I have been attempting to contact the required party but wasnt able to get anywhere. I called the office to speak with manager, I was told she's not in, I replied I know what car she drives I... Read more »

Bennett James Wills
Bennett James Wills answered on Apr 27, 2020

The Tennessee Supreme Court has temporarily suspended evictions due to the pandemic. But you would be wise to hire counsel to determine your options - you may even have a case against the landlord.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Tennessee on
Q: What rights do tenants have when a homeowner wants to get rid of property manager but not tenants? Just signed Lease 2.

The owner has decided to fire the real estate company but wants to keep us as the tenant. We just signed a second year long lease 03/01/2020 through the real estate manager. The real estate company said we have to vacate the house at the end of 30 days (to include all of our belongings) so an... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Apr 25, 2020

I doubt that you have to move out or that the management company can force you. Also, in any event the Tennessee Supreme Court has extended an order restricting evictions for a period of time in light of the covid 19 issue.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I will no longer be able to pay my rent after July & will have 2 months left on the lease. Can I move without being sued

Due to a recent heart & thyroid condition along with now The Covid 19 shutting me out of business I’m living off my savings account without an income coming in. I’m currently paying $3,500 monthly to rent a house. I will no longer be able to afford to stay in the house after making July’s... Read more »

Shanone Emmack
Shanone Emmack answered on Apr 24, 2020

You should first re-read your lease and see if there is a termination clause and decide if you have an option to terminate early under the clause. You should also talk to your landlord about your situation and see if he will let you out of the lease. If not, then I suggest giving him at least 30... Read more »

2 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Hello, my name is Pam. I have a rental property in Tennessee the tenant has vacated the property without proper notice.

The tenant in my property in Tennessee did not give the proper notice they did not give 30 days. They are requesting I keep the security deposit. I was in touch with the tenant we did a walk-through on April 2 and there was damage. I have receipts showing the cost of damage and it overrides their... Read more »

Bennett James Wills
Bennett James Wills answered on Apr 20, 2020

A security deposit is intended to cover unpaid rents and damage when a tenant vacates. If the security deposit does not cover the damange/unpaid rent, the recourse is to provide the tenant with proper notice that you'll be keeping the deposit, an accounting of the damages and cost of repairs,... Read more »

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If I co-own a home, can I evict a tenant without the consent of the other owners in tennessee?

No rental agreement. Month to month. The reason for eviction is him pulling a gun on me.

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

You should have no problem filing the Detainer Warrant. Unless there is some problem which you have not stated, you have a right to possession, so you can sue for it.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I moved out of my place on March 3rd. The landlord has not given me my deposit back or a list of damages. What can I do.

He stated that there were excessive damages to the property. There weren't. He did not list them or send me any invoices, charges or proof. Before I moved out, he sent me an email telling me I did NOT need to be there for the inspection. I guess I should have been, but I didn't think... Read more »

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

You can sue for the Deposit in General Sessions, plus Court Costs. However the Landlord will demand a setoff for damages to the premises. Good Luck...

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If a landlord sold my rental property to a new owner, can the new owner require me to pay an additional deposit?

I was on a month to month during sale and being required to sign a new lease with new owners. They have stated they are requiring an additional deposit

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

Yes. Your previous lease is no longer valid after the sale. You should be able to secure the deposit back from your previous lease so you could simply use that money to put down a new deposit. If you do not want to agree to sign the new lease, you could move somewhere else. Good luck.

2 Answers | Asked in Criminal Law and Landlord - Tenant for Tennessee on
Q: I'm pretty sure the tenants renting the house next to me are dealing drugs. What's my best option for ending this?
Paul E. Tennison
Paul E. Tennison answered on Apr 7, 2020

You may want to consider calling the police non-emergency line to report the suspected crime. Allow law enforcement to investigate and do their job as law enforcement. Good luck.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Sellers' month to month tenants of property I will be buying/closing on next week refusing to move after notice given.

Do they then become squatters? They are aware of the sale.

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

You need a competent attorney to represent you, not a title bunch. Seller should have already run them out. If they claim ownership, then the deed will be champertous and void. At best you will have to immediately file and prosecute a Detainer Warrant. You take subject to the rights of those... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In Unicoi. TN can a landlord change locks after lease is up

No eviction notice was given

We were actually buying the house and making payments and she up and said you have to move next month your lease is up and we didnt see it coming. Yes, there was a lease, but we were actually buying, so we never really planned to move.

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

Apparently you were not buying anything unless you have a Deed. A Lease with Option To Purchase is only a Lease. However you still have possession, so the Owner will have to file and prosecute a Detainer Warrant to get you physically out of the premises.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I’m asking for my new landlord she’s older and is renting a trailer

They will not leave they had 30 days to get out the was suppose to be out the last day of last month they won’t come to the door when she goes there she doesn’t know what to do know

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

The landlord or owner must file a Detainer Warrant in Sessions Court for possession only. It must be served or posted. She gets judgment for possession and they have 10 days to leave or appeal.. If still there, she must get a Writ of Possession issued and executed. I recommend she hire a... Read more »

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Tennessee on
Q: My husband and I are currently in a joint chapter 7 bankruptcy and we were a little behind on our rent, but it has been

paid even before she filed. Can she still go forward with eviction for possession? She is aware of our status and did not attend the creditors meeting. It was rent for the current month, paid albeit late, but also in the current month.

Timothy Denison
Timothy Denison answered on Mar 5, 2020

She cannot go forward with the eviction without the court terminating the stay.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a land lord sell a home if they owe the tenant money for repairs?

We have been renting month to month for 10 years with no lease. Two years ago I paid to get the roof re-shingled and got reimbursed by the landlord because she didn't have the money on hand. This year, a tree fell on the house and the landlord still didn't have insurance, even after... Read more »

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

Owner can sell the real property subject to your possessory rights. The grantee would then file the Detainer Warrant. You can sue for unjust enrichment, but it does not look good. Most competent lawyers would decline representing you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is there a Dwell Law in the State of Tennessee?

I am a 57yr old female. I have to move out of my apartment that I have been in for over a year due to the fact that I lost my job over a month ago and have had no income to pain next months rent. I will start a new job on monday so I would only be two weeks late. Can I ask them to let me stay if I... Read more »

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

Have no idea what a dwell law is. But contact your landlord and promise the exact day you will pay rent. They may wait, especially if you wind up being a good tenant. If no agreement, then the landlord must file a Detainer Warrant, serve/post it, get a Judgment of Possession, then either you... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord petition the judge to make us get out the same day we go to court or will the judge give us 10 days
Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

The Judgment of Possession is subject to appeal for ten days. After that, and you are not out, the landlord gets the Sheriff to remove you.

1 Answer | Asked in Divorce, Real Estate Law and Landlord - Tenant for Tennessee on
Q: Can I keep my soon to be ex husband out of our townhouse after he's been gone almost a month.

He left for a work trip at the start of the month and while he was gone, I finally decided to leave him. He comes back Saturday, but I don't want him in my house unless I'm here and I want my house key. He is on the lease, and he is planning to pack his stuff and leave, but wants to do it... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 27, 2020

You would have to secure a court order preventing him from entering a premises for which he has a lease. I suggest you quickly consult with an experienced local family law attorney to get the best options for your particular case.

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