Lawyers, Answer Questions  & Get Points Log In
Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: the day i close on a house and the owners adult child has not moved can i change the locks
Anthony M. Avery
Anthony M. Avery answered on Oct 21, 2020

I assume you are the purchaser. The conveyance to you is made subject to the rights of tenant possessors. You have the right to change the locks, but that adult might knock the door down. Or you might get in a fight and get arrested. Once you have title, file a Detainer Warrant in General... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I am a first time homebuyer. My mortgage officer needs to contact my last landlord. He refuses to answer, what can I do?

I have provided mail that I have received in my name to that address and I have provided 12 months worth of rent receipts, but the office still needs a document signed by the landlord. He and I left on bad terms and he refuses to answer any calls. Can I compel him legally to answer? I was supposed... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 20, 2020

There is no legal obligation for the landlord to talk to your prospective lender. You may have to find another lender if the present one will not approve your loan.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Recently found out that my husband and I have a detainer warrant.

Court house said I was never served/ nothing further came. Gave me # for lawyer. I called he said they didn’t serve bc they didn’t have an address for us to be served. We left/broke lease due to conditions of rental. He gave me an amount to pay, includes “rent owed” and attorney fees. Do we... Read more »

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

If the Judgment was entered just a few days ago, move the Court to set aside the Default. Otherwise you have to worry about the Judgment's consequences. It could be made a Lien on property or a Garnishment on your Bank Account or paycheck. A credit report might be made. If you are... Read more »

1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Landlord - Tenant for Tennessee on
Q: While in probate can a home be rented to own by the heirs?

My grandfather passed with no will but it was known everything was to be split between his 2 children, my mother and my uncle. My uncle started probate and then very unexpectedly also passed just 44 days later. Now his share is to be split between wife and daughter. The house he owned is up for... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 29, 2020

You have not stated enough facts to determine who the heirs at law are, and therefore own the home. However the heirs own it and can agree to sell it anytime they want. Hire an attorney to determine heirship, draft an Affidavit of Heirship, and possibly make an offer to them for purchase. Get a... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I be evicted? Our landlords just gave us a verbal notice that they would like for us to move out by Nov. 1,2020.

There is currently not a lease agreement in place. We have been living there since Jan. 2020. The owners passed away and the daughter is over the house now. We figured this was coming, but expected more than a month heads up. We have elderly family that that we have to stay close by to help take... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 29, 2020

You are definitely subject to a Detainer Warrant.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: Lenders inspection

We have all in my building just received a notice they're doing a lender's inspection next Tuesday the notice States the tenant must stand outside while they're doing the inspection they cannot legally make me do that can they I'm not real happy about that and I do not have... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 24, 2020

Look at your lease. Whatever rights the lender or owner may have to inspect would be included within the lease.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What if a renter is letting someine stay there that isnt on lease, what can landlord do? Increase lease and deposit?

they are renting in TN

Bennett James Wills
Bennett James Wills answered on Sep 21, 2020

The landlord could choose to file to evict everyone.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: can an apartment send to collections for breaking a lease if the apartment was re-rented after abandonment?

I had to leave my apartment suddenly with my infant due to a domestic situation that turned violent. The apartment complex has now turned me over to collections. Can they do this if the apartment was rented quickly after I left?

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

The short answer is, yes. If you broke the lease then you would be responsible for any damages that were not covered by a security deposit. They have a duty to mitigate by getting a new tenant. But even doing that may not have covered anything you owed on the lease.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: I am in a rental lease that ends in June. My husband is being transferred out of state in two weeks for work.

Is there any legal way to get out of my lease for a job transfer?

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 9, 2020

Contact the landlord- The lease will control and it probably doesn't provide a way out under the circumstances. But most landlords will work with you - if you give them enough notice to find someone to replace you. So you may have to pay a couple of months rent. Some people are not paying... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: is there any landlord obligation after the lease is claimed to be terminated before the tenant vacates the premise?
Bennett James Wills
Bennett James Wills answered on Sep 9, 2020

More facts are needed to answer your question. But yes, landlords have certain obligations after a lease ends or you vacate, or don't vacate for that matter.

2 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for Tennessee on
Q: we live in my wife's father's house for more than 20 years. when he dies can the family throw us out?

he has no will

Shanone Emmack
Shanone Emmack answered on Sep 7, 2020

If there is no will, and the father is not married , and the house is not jointly owned, then the house should vest in the children when he dies. If your wife becomes joint owner she cannot just be thrown out of the house. I suggest talking to an attorney to understand the whole process.

View More Answers

1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Q: Should one dispute excessive move-out fees in small claims court?

I recently moved out of an apartment in Tennessee. Despite multiple requests, I was never given a walk-through. In addition, we left 2 weeks before our lease ended due to fear of COVID-19, and the fact that we did not feel our apartment was following CDC Guidelines.

Despite this, the... Read more »

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

Venue will basically be the County and State of the leasehold. If you do not pay what is demanded, then the landlord can sue you in that County, but will have to try to collect any Judgment against you. If there was a security deposit, than that might be something to sue for.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I live in Obion County Tennessee. I have a live in girlfriend that wont stop screwing around on me. How do I evict her?

I asked her to leave and she refuses. She threatened to shoot me if I evict her. She then threatened to burn my house down. Also stating she could hide my body for a year before anyone asked about me. By then the cops will have more important things to do than worry about finding my body. She has... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2020

File a Detainer Warrant in General Sessions Court For Possession Only. It must be served or posted. Do not ask for rent money or costs. If she is not out within 10 days of the Judgment, hire a lawyer just to get a Writ of Possession issued and executed. Do not get in a fight, or she will get... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: I emailed my landlord I wanted to renew my lease for a year. She replied ok. Is it legally binding? I didn't sign anythn
Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 14, 2020

Your lease will control how the lease is renewed. Look at your lease. The lease may automatically renew- unless you give notice of termination. It may renew if you give notice that you are renewing- either either of those- your notice was enough.

The lease could require a writing by...
Read more »

1 Answer | Asked in Business Law and Landlord - Tenant for Tennessee on
Q: Can a landlord not refund the sec. dep. if you haven’t signed a contract & they never told you that it’s not refundable?

No contract has been signed. The agency/property managers did not disclose that the security deposit would be non-refundable prior to paying the security deposit. As soon as the payment was made they stated it was not refundable.

Anthony M. Avery
Anthony M. Avery answered on Jul 14, 2020

Landlords refuse return of security deposits all the time. You usually have to sue in General Sessions if you really want it back. The oral statements are pretty much irrelevant as the monies are supposed to be for a security against leasehold damages.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: So I got a Detainer warrant, but I just started back working can my rental office refuse payment from me ?
Anthony M. Avery
Anthony M. Avery answered on Jul 10, 2020

Yes... You can try to pay all your owed back rent after it is due, but if the landlord refuses to take it, that is their choice. Be sure to go to Court and ask for your security deposit.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Tennessee on
Q: paid deposit for new rental but never moved in due to cancer diagnosis.Landlord refuses to return deposit.Is that legal?
Anthony M. Avery
Anthony M. Avery answered on Jul 8, 2020

You will probably have to sue for return of the monies in General Sessions Court. With a Judgment, you may have to collect.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Complaint has been made to me by the plaintiff (apartment) of a certain forcible entry and detainer.

Made by the defendants (name) unto certain lands or premises in this county

Anthony M. Avery
Anthony M. Avery answered on Jul 8, 2020

Not sure of your question. But that is a Detainer Warrant for possession of the leasehold. The owner wants the renter out and may also want unpaid rental payments. Go to Court and ask for return of the security deposit if there is one. Start looking for another place to live. You might get... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a eviction summons he left on my door

And also are evictions process through general sessions Court?

Anthony M. Avery
Anthony M. Avery answered on Jul 6, 2020

Detainer Warrants can be posted on the leasehold when personal service is not successful and possession, not debt, is the only issue for the Court.

2 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Are evictions typically held in general sessions Court?
Anthony M. Avery
Anthony M. Avery answered on Jul 6, 2020

Tennessee terms them Detainer Warrants in General Sessions, but they can be filed in Chancery and Circuit also. In those Courts, title issues are usually the primary causes of actions.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.