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Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Tennessee on
Q: I have a 1yr signed lease can the new landlord make me leave before the 1yr If have a lease from the previous landlord?

The new landlord got the property I’m currently at in a recent divorce but I just moved in three months ago and the new landlord sent a letter stating I have till Jan 20 to leave and she’s not returning my security deposit that I’d have to get it from the previous landlord. I have receipts... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 8, 2019

If you have a lease term- it can not be shortened by simply a change in the ownership of the property- unless there is language in the lease that would make the lease terminable- which would be unusual. Usually the new owner takes subject to the lease.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can i answer letter to quit from land lord. It is completely wrong. He shut my utilities off for 8 days. Court made him

It is just me an my 30 year old disabled son. My rent was not late. He turned the utilities. Off a week before my rent was even due. Then he turned back on after about 5 hours an cursing me out. He really had no reason to ask us to move. The mobile home had black mold the windows where not properly... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 2, 2019

You can, but once he serves or posts the Detainer Warrant, you must attend and argue in Court. Your letter now is legally irrelevant. It is doubtful you will recover for your work, which you should not have performed. I suggest looking for a new place.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Requesting documentation from tenants

My lease requires the tenants to carry a renters insurance policy. They have been in the house for 3 weeks and I've asked for a copy of the policy 3 times. I've also asked for the move in checklist 3 times and I still haven't received that either. How do I handle this? Damages are already... Read more »

Bennett James Wills
Bennett James Wills answered on Nov 19, 2019

What does your lease say? If that is a material term in the lease you may have grounds for an eviction if they have breached the terms of the lease. But you must also give proper notice. Consult local counsel for your optoins.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Our landlord has decided to sell the property we are renting. If they sell before our lease expires can we stay?

Our lease is automatically renewed every 6 months and our lease started May 1st 2018

Bennett James Wills
Bennett James Wills answered on Nov 19, 2019

Most likely. Buyers of real property take subject to the lease. But review the terms of the lease for your answer.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Tenant has a pet with a no pet clause in lease.

I did a walk through after 3 weeks of tenancy. There was evidence of a pet. I made it clear that no pets are allowed at any time in the house....friends can't bring over pets, no pet sitting, etc. The same day that I made it clear that no pets are allowed, a neighbor reported seeing a dog enter... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2019

If you want them out, hire a competent attorney to file, serve/post and prosecute a Detainer Warrant. Depending on the leasehold's County, the Security Deposit (if any) might be a problem. If someone is really disabled, you might have a fight with HUD, but it is doubtful. You will lose money... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: is there a period of time occupying a residence a tenant isn’t responsible for normal wear and tear on a property.

We rented from a property management company for 9 years and had yearly inspections.

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2019

No there is no time limit on wear and tear of a leasehold. Hopefully you were smart enough to not give a Security Deposit. If you did the Landlord will probably keep it.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If you are renting can a landlord make you pay land taxes in the state of Tennessee?

I have read through all receipts that I have kept and noticed that land taxes were attributed to it is this legal.

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2019

Your Lease may require your payment of taxes. Read the Contract. If it is not there, you might talk to him about it, but I doubt he will lower your Rent. Or he may file a Detainer.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord still file a writ of possession after you went to court and paid the rent
Anthony M. Avery
Anthony M. Avery answered on Nov 13, 2019

Yes and the Judge may issue it. If so the Sheriff will check to see if you are out or remove you. If you feel you overpaid, you can sue for the money and/or a security deposit.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Who is responsible for roommate evictions, tenant or landlord?

My new tenant is seeking roommates. I require all adults 18 and over to sign the lease and undergo a background check. The tenant is assuming financial responsibility for the roommates. If a roommate breaches the lease, who is responsible for the eviction, the tenant or the landlord?

Anthony M. Avery
Anthony M. Avery answered on Oct 28, 2019

I assume you are the landlord and/or owner. If you want someone out, then file the Detainer yourself. Tenant/Sub-Tenant Detainers are messed up at best, and usually never occur. It is irrelevant whether you have a contract with the unwanted possessor or not.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I let my ex wife move in to my spare room in hard times. How can I evict her?

My ex wife was going through a rough time and I let her move in to help. Since she moved in I have holes in the walls my personal property has been getting damaged and of course we have been arguing to the point of having the law called on more than one occasion. She has been threatening me with... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 28, 2019

In Tennessee, the procedure is to give her written notice to get out. If she was supposed to pay rent, she has 15 days to catch up the rent. Then you file in general session court a "detainer warrant" ( the court clerk will have a form for you to fill out). Actually, it sounds like she is not... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord break a lease without show cause in state of tenn
Anthony M. Avery
Anthony M. Avery answered on Oct 24, 2019

This happens alot. You can go to the Detainer Court and complain that you have not breached the Lease, but it will probably not do you much good. The Security Deposit if you paid one is what you want to get back, and you may have to sue in Sessions for Breach of Contract and its return. Also... Read more »

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Municipal Law for Tennessee on
Q: Do local or county law officials handle the noncompliant parties regarding tn code or is it strictly a civil matter

Tow company recieved fraudulent facts from property owner, did not comply with owner notifications rules nor rules set forth regarding sale

Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2019

It is doubtful you will obtain a criminal prosecution of anyone involved, although you can try as the victim. But normally your remedy is pretty much limited to suing the Towing Co. for Conversion. You may be able to do this yourself in General Sessions Court or you might hire an attorney.... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In TN can an active duty Military member remain a Landlord if stationed overseas?

I was sent a text message to vacate the property.

Anthony M. Avery
Anthony M. Avery answered on Oct 17, 2019

Absolutely. I personally did this for 2 1/2 years. As a landlord you may need someone else local to take payments, pay taxes, make rental repairs, etc. The local manager is the agent of the actual landlord. The agent can also prosecute a Detainer Warrant, which must be filed and... Read more »

1 Answer | Asked in Bankruptcy, Foreclosure, Civil Rights and Landlord - Tenant for Tennessee on
Q: I sign for 11 months and within two month of living here they said they send a letter saying if we don’t fix the problem

Noise complaint than we get evection for it. They said we have 14 day to fix it but they want us to leave because of noise complaint and i pay them rent on time would that go on my record and stay on there for 7 years for noise complaint

Timothy Denison
Timothy Denison answered on Oct 16, 2019

No. Not as long as the rent is paid.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In TN Can a landlord legally take you to court without giving the tenant a written 30 day notice and a 14 day quit?

My lease agreement expires October 31, 2019 and I have already started moving from the home. On October 9, 2019 I was served with eviction papers due to unpaid rent. My landlord did not give me with a written notice before taking actions through the court. Did he follow the proper steps to evict... Read more »

Bennett James Wills
Bennett James Wills answered on Oct 14, 2019

Depends on what your lease says. Often times there's a waiver of notice for non-payment of rent. Consult local counsel to determine what, if any, options you may have for a defense.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My father recently died, in living in his house where moved in to care for him 3 1/2 years ago. I'm disabled, low income

Brother&sister plan to sale&want house vacant by months end but I have nowhere to go. Since brother is administrator can he evict me. How long can I legally live here?

Anthony M. Avery
Anthony M. Avery answered on Oct 7, 2019

It will be difficult to file a Detainer against you as you are probably a Tenant In Common, unless your Father devised the property to someone else or deeded it to someone else. You need to determine who owns the property first. It may be brought back into the Estate to pay bills of an insolvent... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my land lord withhold past copies of my rent payments and receipts? My documents were ruined by a leak in my closet

My landlord says they don't have to show me anything because the receipts are my responsibility, even though the leaking ceiling is their responsibility that messed up my belongings in the first place. I feel like they will try to use my lack of payment proof if I ever go to court against them

Anthony M. Avery
Anthony M. Avery answered on Sep 25, 2019

If th ere is a suit in Circuit or Chancery, then you might discover them with a request for document production. Or just subpoena duces tecum them. Outside of suit, unless a written lease says otherwise, you have no right to the landlord's records. Besides, the landlord will probably just get... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: can you get an eviction notice if you paid half your rent?
Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2019

Absolutely. That is a breach of the lease contract.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Landlord is selling house we lease in Tennessee. Will our lease remain intact?

There is no clause in our lease regarding this.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 18, 2019

Yes, if the new owner tries to evict or raise the rent, the prior owner will be in breach of your lease. The purchaser is buying the property "subject to" the contract ( your lease) already in existence, but only for the remaining term of the lease.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: It's been 2 months since I moved out of my rental and the landlord hasn't refunded my deposit back.

I asked about it and they said they returned it back to the last owner of the house. What actions can I take?

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2019

You can file a Civil Warrant against the Landlord for Breach of Contract. It may not be worth your effort, and it will probably take an attorney to collect it, if at all. Sometimes you can file a Judgment Lien after the Judgment is given.

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