Tennessee Landlord - Tenant Questions & Answers

Q: Is our landlord allowed to shut of utilities by means of eviction?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Apr 17, 2019
Bennett James Wills' answer
A landlord cannot disconnect utilities to evict you. Contact legal aid in Davidson County.

Q: What is the law regarding the return of housing security deposits in Tennessee for rural areas?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Apr 17, 2019
Anthony Marvin Avery's answer
All you can do is sue for the Security Deposit back as a Breach of Contract. If you had a written Lease, it may have had a term dealing with the same. You could sue the Owner pro se in Sessions Court, but it would be better with an attorney. If the amount is under $700, you might not want to worry with it.

Q: Under 1 year lease landlord sells house new owner wants to dishonor lease completely and increase rent

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
If you want you can continue in possession any pay the current rental. However the Owner my file a Detainer Warrant to run you out. You would use the current Lease as your defense. However you need to find a new place to live, as the new Owner may come into your home, cut utilities, etc.

Q: How can I get my sister to move out my house. She has been staying with me for almost four years she doesn't pay any

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Apr 13, 2019
Anthony Marvin Avery's answer
Unfortunately you must file a Detainer Warrant against her in General Sessions Court. She can be served personally or it can be posted on the door. You are trying to get a Judgment for Possession, not rent. If she does not leave after 10 days, you must request the Court issue a Writ of Possession. It would be better to hire an attorney to do this. Do not get into an argument, but ignore her. Otherwise she will throw you in jail and have leverage. You must file this now or you may have a...

Q: Can a landlord charge a 10% late fee and $5 a day after the 5th day?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Apr 9, 2019
Anthony Marvin Avery's answer
Yes and that is a very common late payment penalty.

Q: When should a landlord replace carpent in a unit? I've lived in my apartment for over 8yrs and he refuses to replace.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Apr 8, 2019
Anthony Marvin Avery's answer
Unless it is in your Lease Contract, there is no requirement for a Landlord to repair a floor covering ever.

Q: when you as a renter are on a .month to month lease and and the landlord has been informed there is no water and its

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Apr 3, 2019
Anthony Marvin Avery's answer
There is no time requirement for the Landlord to fix a problem unless a Lease Term so specifies. Obviously you are now on a month to month Lease without the Landlord having a duty to repair. You might wish to find another place to live. I do not believe a decent suit for Constructive Eviction would lie.

Q: Can u visit someone at a property where u received a writ of possession

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Apr 3, 2019
Anthony Marvin Avery's answer
No, you would be guilty of Criminal Trespass.

Q: I was served with a detainer warrant we went to court but they didnt serve me for 4 months

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Apr 3, 2019
Anthony Marvin Avery's answer
It appears there has already been a Posting of the Warrant, a Judgment for Possession and now a Writ of Possession issued. If you go there, you are criminally Trespassing.

Q: Am I legally required to provide my forwarding address to a landlord if there is no deposit being returned?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Apr 1, 2019
Anthony Marvin Avery's answer
No. Obviously they wish to have a location to serve you with Process if they sue you.

Q: My landlord said I had to move in 30 days so she can renovate the house this is before my lease is up is that legal?

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Tennessee on
Answered on Mar 20, 2019
Anthony Marvin Avery's answer
If you do not leave then the Landlord must file a Detainer Warrant, have you served or post it, get a Judgment for Possession, and then if you do not leave in 10 days, get a Writ of Possession to have the Sheriff physically remove you. At Court you can allege that no Breach of the Lease Contract has occurred, but I would not put much faith in your chances. The Landlord Tenant Act may control where you live, which you did not state, and that might give you some leverage if there is a...

Q: Nashville, Tn. Received a summons for court in Dec. 2018 from Law firm that is a debt collector for Target.

1 Answer | Asked in Bankruptcy, Consumer Law, Landlord - Tenant and Legal Malpractice for Tennessee on
Answered on Mar 10, 2019
Timothy Denison's answer
Consult a bankruptcy attorney to see if a Chapter 7 or 13 could help you.

Q: Does the landlord have to pro rate my rent

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Mar 7, 2019
Leonard Robert Grefseng's answer
Unless you did something to cause the damage, you are entitled to a suspension of the rent for the period of time the premises are uninhabitable. Hopefully, you took some pictures of the damage so that if your landlord takes some action against you for the failure to pay the full rent, you will be able to prove to the Judge that you had to move out.

Consult an experienced lawyer if the landlord tries to evict you early.

Q: Can I get a lien on a landlord for not giving back the deposit

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Tennessee on
Answered on Mar 6, 2019
Leonard Robert Grefseng's answer
If by the term "lien" you mean a claim to be filed in the land records office ( the register of deeds) - the answer is NO. However, you do have the right to file a lawsuit against the landlord for recovery of this money, and if you win that lawsuit and after winning, he refuses to pay you, you can then record the lawsuit judgment in the deeds office as a "judgment lien. Its always best to consult a lawyer before filing the lawsuit.

Q: Can a leasee in a rent to own agreement be made to pay property taxes?

2 Answers | Asked in Contracts, Tax Law and Landlord - Tenant for Tennessee on
Answered on Feb 7, 2019
D. Mathew Blackburn's answer
What does the contract say?

Q: The lease agreement stated we would be liable for the remainder of the rent due unless a new tenant was found.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jan 29, 2019
Leonard Robert Grefseng's answer
It's hard to say precisely without reading the lease agreement, but generally, you are only liable for the costs of re-renting the unit and the amount of rent due during the period of time the unit was vacant. The landlord cannot collect the rent for one unit twice.

Consult an experienced real estate lawyer for advice on your specific situation.

Q: Can I hold tenant liable for damage they caused to my home? (rental property)

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jan 28, 2019
Leonard Robert Grefseng's answer
Yes, "normal wear and tear" are not recoverable, but you can recover for damages which exceed that. Take lots of pictures before an dafter the repairs are made. If you hold a security deposit, you should try to schedule an inspection of the property with the tenants BEFORE you refund any portion of the deposit. They might agree to allow you to keep the deposit in lieu of paying for the damage repairs.

Q: I was given less than 2 weeks to move out due to no fault of my own. Do I have rights?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Jan 17, 2019
Anthony Marvin Avery's answer
The only real rights you have deal with your possession. The Owner/Landlord must file a Detainer Warrant, have it served on you or posted, then conduct a Hearing. You might ask for a Continuance, but at that next Hearing, the Judge will grant him Possession, and you have another ten days to leave or Appeal. To actually remove you, Owner must get a Writ of Possession issued where the Sheriff physically removes you or you are a Trespasser.

Q: My landlord (from 3 years ago) recently turned me to collections for 2 months of rent past my move out date.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jan 16, 2019
Bennett James Wills' answer
If you have been sued you'll have a court date where you can defend yourself or you can hire an attorney to assist you in your defense.

Q: In the state of Tennessee do you need a disclosure statement form or HUD with an assignment for deed?

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Tennessee on
Answered on Jan 14, 2019
Anthony Marvin Avery's answer
There is no disclosure requirement for selling and assigning a Deed of Trust. And I assume you are trying to sell a Note secured by a Deed of Trust. You cannot assign a Deed, ever. If the prospective Note buyer wants one, you will have to give them something to get their business. But you probably need to sell your Deed of Trust and Note to someone else.

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