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Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If I got a detainer warrant, is it basically too late to try to pay what I owe to stop the eviction process?
Anthony M. Avery
Anthony M. Avery answered on Oct 25, 2021

You can talk to your landlord and try to settle the rent problem. But he might take the money, then continue the Detainer litigation. It may be best to look elsewhere for housing, as he may already have a new renter with money. It will take some time to actually remove you from the property.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: 9 days late on rent. No waiver clause in lease not sure what that means
Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

Not sure of your question. But it sounds like you have breached the Lease Contract by paying late, for which there may not be a late payment penalty or waiver of timely payments.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I have a tenant who is currently moving out, and has refused to pay their last months rent. Is there anything I can do?

The tenant has stayed in one of my spare rooms, paying on a month to month basis. The tenant has stayed for 9 months.No written rental agreement was made, but a verbal agreement was made. The tenant is moving out currently, but refuses to pay for rent in September. Is there anything I can legally... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 11, 2021

You can file a Detainer Warrant for both Possession and Back Due Rent. You will probably get a Judgment, but you may not be able to collect it. It helps if you know where he works and banks.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Tennessee on
Q: How was I charged with vandalism at my former residence after moving, what was the purpose of my $1000 deposit?

Paid $800 deposit plus $200 for pet. The warrant said a broken window, already broken, missing shelves and closet rods, and damage to cabinets. There was only 1 closet rod when I moved in, and the drawer was taped in 1 cabinet because it kept falling apart. That being said, I'm confused as to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 6, 2021

You need an attorney to represent you to prove Restitution has already been made.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If I was given an eviction notice and I am out before the 7 days what will happen?
Anthony M. Avery
Anthony M. Avery answered on Oct 1, 2021

What is your question? You have given up possession, so no Detainer Warrant. The owner might sue you for rent due or damages, but it may be hard to serve you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Moved before writ of possession, went to get rest of my things, landlord was stealing my things, is this lega
Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2021

It may have been Conversion. But it was definitely Criminal Trespassing for you to go back there.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How to file adverse possession in tn
Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2021

You do not "file" for adverse possession. If you are serious, then hire a very competent attorney who actually conducts real property litigation (not closings), and pay him alot of money for advice what to do for the next several years.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Can a landlord hand you a hand written 30 day eviction notice or does it have to be court ordered?

She handed me a hand written notice of my rent going up. I said Asked for a new lease with the new rent amount she brought back a hand written eviction notice

Anthony M. Avery
Anthony M. Avery answered on Sep 7, 2021

Even if the Notice does not comport with the Lease Contract, it does not amount to much. Ultimately you will be served with the Detainer Warrant which is itself notice to quit by Statute.

1 Answer | Asked in Landlord - Tenant, Criminal Law, Civil Litigation and Constitutional Law for Tennessee on
Q: Can my landlords brother enter my residence without notice after I told them not to enter via text cause I wasn’t there?

I have it in writing via text, I said do not enter my residence without me being present. Now I have a valuable coin collection missing along with several hundred dollars

Cayley Turrin
Cayley Turrin answered on Aug 16, 2021

I would call the police and report this.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: can a landlord of apartments do an eviction in tennessee without an attorney?
Anthony M. Avery
Anthony M. Avery answered on Aug 9, 2021

The Detainer Warrant is filed by the Owner as plaintiff, but the property manager can be the witness to the lease contract breach. You can argue to the Judge that the landlord lacks standing to file the Detainer, but the Court might ignore you, or the owner then just files suit and serves you in... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a tenant agree to do ALL maintenance and repairs for a reduced rent?
Anthony M. Avery
Anthony M. Avery answered on Aug 2, 2021

Sure, but modify your Lease in writing. Execute duplicate originals.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Landlord towed my car to pave, car in perfect condition, notice was given only 2 days prior, can I sue them?

Car in my name, lease is also in my name, tow company recked car, and I took pictures and videos to prove that, the reason why I did not remove the car is that I was not in town for 10 days. I found out about the notice and the whole incident when I came back.

Anthony M. Avery
Anthony M. Avery answered on Jul 26, 2021

Yes you should be able to sue the landlord and his agent, the tow company, for tort damages to property and possibly conversion. But you will need witnesses that will testify to the towing, which will be tough. Damages really need an expert about the car's pre-tort value. General... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord legally sue me?

I was unable to reach my landlord and it was day 33 of having emergent safety concerns submitted to maintenance. (Window fell out of wall, breaker was sparking/blowing, floor caved in, no smoke detectors/sprinklers/extinguishers, and they building failed building and code inspection) I sent my 60... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 13, 2021

Yes you can be sued. Be prepared to testify that you did not cause damages and possession has been returned. Expect a continuance and you may want to hire an attorney.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In Tennessee, can a landlord paint my balcony without notice?

I came home from work and found that my balcony furniture had been moved and there was paint all over the floor, as well as my furniture. I wasn't given any notice of this.

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2021

Read your lease contract. It probably allows for the landlord/owner to enter the leasehold. Most tenants would be happy that the landlord was taking care of the premises. Even if they were supposed to give you notice, what damages could you put into evidence?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How long must a Tennessee Landlord wait to file eviction against a tenant AFTER lease has expired.

The lease has expired. Landlord chose not to renew and sent notice stating that the lease would not be renewed and the tenant was expected to move with in the month.

Tenant has decided not to move and has insisted they be "served".

When can the landlord file with the Civil Court in Tennessee?

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2021

Not sure of your relationship with this matter. But the landlord or owner should have already filed a Detainer Warrant with Sessions Court. It must be served or posted, as the owner should probably only seek possession. Hire a competent attorney to file this tomorrow.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: A renter that put a camper on my property.Rent and electric hasn't been pd since 4/01/18. As of 6/02/21. Total $4,374

I considered it abandonment. I posted the information to contact me. Nothing. They pulled a mattress and boxes if other junk out and left it in the rain. They also left the door open with the key in it. I locked it and a month later I put their stuff in storage. Now they're threatening to have... Read more »

Denania Galloway
Denania Galloway answered on Jun 23, 2021

I would suggest providing them with the belongings you put in storage. As far as the abandonment issue goes, I would need more information before I can advise.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Tenant was asked to vacate premises or be formally evicted. Tenant refused to leave. What will happen in court?

Tenant violated the same clause in the lease multiple times in less than 6 months. Tenant wanted to negotiate vacating the premises and LL refused. LL filed formal eviction in the court and tenant was served. Tenant vacated property 2 weeks later. Tenant is countersuing for deposit and lawyer... Read more »

Denania Galloway
Denania Galloway answered on Jun 23, 2021

This matter will be heard regarding the deposit. If you can prove why you are withholding the deposit, then the attorneys fees will be a non-issue and will likely be dismissed.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I legally withhold rent to landlord after he has failed to make health violating repairs.

The landlord was notified over 60 days ago and is threatening eviction although repairs have yet to be made.

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

No, that would be a breach of your Lease Contract. You probably need to look for another place to live because ultimately you will lose possession.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Are text messages acceptable in court between landlord and tenant
Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

If the Party is the sender or receiver, that evidence can be admitted. He must authenticate the transmissions.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: How to evict on contract for dead. Buyer did not pay taxes, didn't make payments on time and is now deceased

Cumberland county Tennessee is the location. Seller resides in FL

Anthony M. Avery
Anthony M. Avery answered on Jun 14, 2021

I recommend hiring a competent attorney to sue for possession. A Detainer Warrant may work if the SOL has not run, but an Ejectment Action in a Court of Record may be necessary. Publication Notice may also be necessary. This could be difficult, or it could be fairly simple. Hopefully it is no... Read more »

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