Tennessee Landlord - Tenant Questions & Answers

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.

Q: My landlord is selling my house how long to I have to move out and do they have to give me a written notice?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jan 14, 2019
Leonard Robert Grefseng's answer
The length of time depends on the terms of your lease. If there is no written lease and you pay your rent monthly, Tennessee law deems that as a "month to month" lease. if it's a month to month lease, either landlord or tenant can terminate ( end) the lease by giving the other one month prior notice. The notice does not have to be written, but it usually is since the landlord needs to be able to prove that prior notice was given.

Q: I am a tentant, and me and my landlord do not have a written lease agreement. And she served me with an eviction notice.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jan 11, 2019
Anthony Marvin Avery's answer
Later you will be personally served with or find a Detainer Warrant posted for you to appear in General Sessions Court. The Judge will probably award Possession to the Owner/Landlord, and if you are not out, the Sheriff will probably remove you after ten days.

Q: What exactly are my rights as a tenant in Tennessee if my name isn't on the lease?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Dec 31, 2018
Anthony Marvin Avery's answer
Legally the owner must file a Detainer Warrant against you all, serve or post it, get a Judgment for Possession, and if you are not out after ten days, have a Writ of Possession executed by the Sheriff to remove you.

Q: Can landlord lock you out and keep your belongings for nonpayment of rent?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Dec 31, 2018
Leonard Robert Grefseng's answer
A lawyer would need to see the actual lease to accurately answer this question, but the answer is probably "yes"- I suspect that all 3 persons on the lease are jointly liable for the monthly rent. In other words, just because there are 3 signatures does not mean that each person only owes one third of the rent. From the landlords point of view, all of the rent is owed as long as any of the tenants occupy the property.

Q: I wasnt thinking about sueing the landlords but the insurance company itself,

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Dec 3, 2018
Leonard Robert Grefseng's answer
I suspect you do not have the right to sue the insurance company directly.

It's the landlords property, and as a property owner, the landlord owes a duty ( a legal obligation) to you and to any other tenants or neighbors to keep the property in good condition and to prevent damage to others. The insurance company isn't directly responsible for maintaining the property. However, the insurance company has an obligation TO PAY if the landlord/property owner is found to have neglected the...

Q: homeowners insurance

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Dec 3, 2018
Leonard Robert Grefseng's answer
This loss can be covered, either by your auto policy ( assuming you have full coverage ) or by the landowners policy ( it would probably not be their homeowners policy- that applies only to their personal residence). Most landlords have separate commercial polices for their rental properties. You could say almost every catastrophe ( fires, storms, floods, etc) is an "act of God" - and that is why we buy insurance. Keep in mind, however, that suing your landlord is a good way to get evicted.

Q: I am a landlord and I won a a case against a tenant for unpaid rent.I filed for a wage garnish since pay was..read on

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Nov 14, 2018
Leonard Robert Grefseng's answer
If the employer fails to answer the garnishment, you can ask the judge to enter a Judgment against the employer. You must give them advance notice of the hearing where you ask for the "conditional judgment." If they fail to appear or respond to that notice, the Judge will grant judgment for the amount owed. In the end, BOTH the original debtor and his employer will owe the amount.

Q: If I signed a waiver for notice of default,what happens if my landlord decides to not accept my partial rent anymore ?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Nov 12, 2018
Anthony Marvin Avery's answer
The Landlord will probably file and serve a Detainer Warrant for you in General Sessions Court. He may just ask for Possession or he may additionally sue you for rent and damages.

Q: When and how does it change from a person criminally trespassing to a person being considered a tenant in Tennessee?

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Answered on Nov 12, 2018
Leonard Robert Grefseng's answer
The safest route is to evict her. Unfortunately, the Police/Sheriff Deputies are often reluctant to assist and pursue trespassing charges as they generally consider these situations as a "civil" dispute( as opposed to criminal).

Q: What options does an owner have when property manager releases tenants without damages when damages were present

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Answered on Nov 8, 2018
Anthony Marvin Avery's answer
Unless the Lease or a Release says otherwise, as the real party in interest, you can sue for Tort Property Damages, probably in General Sessions. You will need expert testimony concerning actual damages and their cost of repair. Hopefully you have some information concerning employment and banking of the former Tenants. It may not be worth the trouble to sue them. Hire a competent attorney.

Q: We rent a family home that is next door to our home. There are 60+ acres of farmland surrounding the house.

1 Answer | Asked in Adoption and Landlord - Tenant for Tennessee on
Answered on Nov 8, 2018
Leonard Robert Grefseng's answer
If I understand the facts, then NO, the lease was modified when you offered them the option to pay for the hunting and fishing ( and I assume they agreed and paid). By doing so, you essentially agreed the prior violation would not be an eviction offenses. The security deposit is usually to protect for damage to the premises. Consult an experienced local real estate attorney for advice on your specific situation.

Q: Evicted tenant damaged house beyond security deposit I paid $3000 for repairs.

1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Answered on Nov 6, 2018
Leonard Robert Grefseng's answer
Yes, unless the lease has some other provision, the statute of limitation on property damage is usually 3 years. However, I would encourage you not to wait, its usually better to pursue any claim as soon as possible.

Q: Hi, my apartment management has decided to push a random "mandatory inspection" on us, with no ability to schedule?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Oct 19, 2018
Leonard Robert Grefseng's answer
Probably not, a lease is a contract, and a contract, once signed by both parties can't be modified unless BOTH parties agree. The existing, lease, however, may grant the landlord the ability to change or impose rules and regulations as needed from time to time, so you must carefully review your lease- I suspect more large complexes have a comprehensive form which allows "reasonable" inspection - but they are usually limited to normal business hours and some prior notice, etc. In the end,...

Q: I have a landlord who excepted rent money from me and showed up an hour later trying to evict me .

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Oct 18, 2018
Leonard Robert Grefseng's answer
Based on what you described, I would think YOU would want to live somewhere else. I know it is inconvenient, but maybe you should consider moving. The court system can't solve every problem, and your landlord sounds like a person to avoid.

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