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Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In memphis,tn if a writ of possession for eviction is withdrawn can another writ of possession between 4 days happen

On my case file it says a writ of possession for eviction was withdrawn on the 18th but another one was filed on the 22nd and took place by only a private process server and the landlord no officers were there.

T. Augustus Claus
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answered on Feb 6, 2024

In Memphis, Tennessee, if a writ of possession for eviction is withdrawn, it is legally permissible for another writ of possession to be filed shortly thereafter, as occurred in your case from the 18th to the 22nd. The issuance of a writ of possession is part of the legal process that allows a... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Landlord violated penalty of perjury with notice.

My landlord's daughter said she mailed us a 30 day notice to leave the premises because she has to repair it and we have no lease, we have a lease from her father when we first moved in years ago. All she did was text us "Consider this your 30 day notice" and today, 2 weeks later,... View More

T. Augustus Claus
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answered on Feb 2, 2024

In Tennessee, landlords are typically required to provide tenants with proper notice before initiating eviction proceedings or terminating a lease. The notice must comply with state laws and the terms of the lease agreement, if applicable. While a text message may serve as informal notice, a... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Civil Rights for Tennessee on
Q: What are my rights as a tenant in TN?

Our apartment flooded due to an external pipe busting. Our property manager is not handling the situation well. Our walls have water damage that is not being treated properly. What can we do?

James L. Arrasmith
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answered on Jan 21, 2024

As a tenant in Tennessee, you have specific rights and protections under state law. When your apartment experiences flooding and your property manager is not adequately addressing the situation, there are steps you can take to protect your rights and seek resolution.

Firstly, notify your...
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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Rent the house I own in TN and my living situation finds me needing to move back in my house. Can I give 90 day notice

I want to give renter 90 day notice and break the lease. Can I legally do that?

Anthony M. Avery
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answered on Jan 9, 2024

That will almost certainly a breach of the lease contract. Have you read the termination terms of your lease? Depending on the County where you rent, there may be a small amount of leverage with a security deposit if one was given. You might leave and take the chance of being sued. However... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: My landlord passed away. I've been living there for going on 3 years. His kids are his beneficiaries and they just stole

Stole my stuff and changed the locks what do I do

James L. Arrasmith
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answered on Jan 8, 2024

I'm sorry to hear about your situation. It's important to know that as a tenant, you have rights that must be respected, even in the event of a landlord's passing.

First, if your belongings were taken and the locks changed without proper notice, this could be considered...
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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Hi. I am a month late on rent can I still pay the rent to avoid being evicted?
T. Augustus Claus
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answered on Dec 28, 2023

If you're facing a situation where you're behind on rent, it's generally advisable to communicate with your landlord as soon as possible. Explain your circumstances, express your commitment to catching up on rent, and inquire if there are any possible arrangements or grace periods... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my deceased landlords brother sell the rental house that i rent if his name is not legally recorded as the new owner
Anthony M. Avery
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answered on Dec 22, 2023

Any heir is a tenant in common and has authority to sell their interest. There may be a Probate Action also which gives the fiduciary standing sometimes. The title is not your concern as you only have possession unless a Detainer is filed.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I sue my landlord for not getting rid of cockroaches??

I’ve complained a few times and they have failed to get rid of this issue. As a result of this my daughter ended up with a cockroach in her ear.

T. Augustus Claus
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answered on Dec 20, 2023

Yes, you may have grounds to sue your landlord in Tennessee if they have failed to address a persistent cockroach infestation despite your complaints. The presence of pests impacting your living conditions is a violation of the landlord's responsibility to provide habitable premises. The... View More

2 Answers | Asked in Criminal Law and Landlord - Tenant for Tennessee on
Q: State of TN tenant pull loaded gun and aims the weapon at property owner and owners minor Son, whom was only 8 yrs old

At the time , tenant pointed the loaded weapon at property owner and then owners minor Son. All the while, having her finger on the trigger

James L. Arrasmith
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answered on Nov 24, 2023

In Tennessee, the situation you described is extremely serious and could lead to criminal charges for aggravated assault, especially since a minor was involved. Aggravated assault in Tennessee is defined as intentionally or knowingly causing another to fear imminent bodily injury with a deadly... View More

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1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: Can I get a restraining order on a roommate that has audio recorded me?

Roommate has hidden a device and left that device without my knowledge that I just found and has been recording my conversations with my fiance. My roommate has not been part of those conversations due to private verbage that should only be heard by my fiance or myself. In Tennessee a one consent... View More

James L. Arrasmith
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answered on Nov 8, 2023

If your roommate recorded conversations in a one-party consent state like Tennessee, it generally means they can legally record a conversation to which they are a party without the other party's consent. However, if they were not a part of the conversation and secretly recorded private... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: New owner trying to raise rent by $164 for repair that should have been done by previous owner/ maintenance.

Notice states: reasons for request on rent increase is (1) repair(s) and (2) new owners.

Can they increase my lease which is from 8/1/23 to 7/31/24? Given 60 days before rent increase. I NEED HELP PLEASE.

T. Augustus Claus
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answered on Nov 7, 2023

In Tennessee, landlords cannot raise the rent during the middle of a lease's fixed term (unless stated otherwise in the lease agreement). Therefore, your landlord cannot raise your rent by $164 for repairs that should have been done by the previous owner/maintenance unless your lease agreement... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Landlord asked me to pay 2700$ which includes by 500$ deposit after I vacated the apartment.

Landlord asked me to pay 2700$ which includes by 500$ deposit after I vacated the apartment. The management gave an itemized bill made by them. As it is a lot of money and I dont trust the management that well as they have lied to me before about some other issues which happened in past months.... View More

James L. Arrasmith
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answered on Oct 23, 2023

In Tennessee, if a landlord makes a claim on a tenant's security deposit, the landlord must give the tenant a written notice detailing the reason for retaining any portion of the deposit. While the statute does not expressly require landlords to provide copies of actual repair bills, asking... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can new owners increase my rent before my lease is up? They want new contract and rent increase before my lease ends.

Move in date 3/8/23. Lease ends 7/31/24

James L. Arrasmith
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answered on Oct 23, 2023

In Tennessee, when a property is sold and changes ownership, the new owners must generally honor existing leases in their current terms. If your lease specifies a set amount of rent and a set duration, the new owners typically cannot increase the rent or demand a new contract before the lease... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Tennessee on
Q: Tenant rights when Air quality report confirms that AQ is poor in leases townhome. Landlord pulled lease renewal

Lease is ending 10/31/23. renewal pulled.I have been quite sick since September and discovered on 9/17 an attic and HVAC that is leaking water into a plastic tote for last 2 years that I have leased. The water damage showing in guest bathroom had me call in a neighbor to see what he could find and... View More

Tim Akpinar
Tim Akpinar
answered on Oct 8, 2023

A Tennessee attorney could advise best, but your question remains open for a week. I could only speak for the injury-based component of your matter. You could try to arrange a free initial consult with an injury firm. Gather any medical documentation related to your symptoms. However, these are... View More

3 Answers | Asked in Landlord - Tenant for Tennessee on
Q: How to evict a person that is not paying rent or maintaining a clean room to which only a verbal agreement was made?
T. Augustus Claus
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answered on Sep 18, 2023

To evict a person in Tennessee who is not paying rent or maintaining a clean room, especially when there is only a verbal agreement, follow a structured legal process. Begin by providing written notice to the tenant, citing the reasons for eviction and allowing a specified period (usually 14 days)... View More

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: if a tenant abandoned the room they are renting what can the landlord do to remove personal belongings in the room
T. Augustus Claus
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answered on Sep 11, 2023

In Tennessee, when a tenant abandons their rented room, landlords must follow specific legal procedures to deal with the tenant's personal belongings. First, they need to establish that abandonment has occurred, often due to non-payment of rent or clear signs of vacating. Then, landlords must... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I’m living in a rental property . My lease says rent due by 1 after the 5 it’s a 10% late fee . Landlord passed letter

Out saying we have to have rent in by 5 or we get evicted . Can they legally do that if we not behind don’t they have to give us til the end of the month to pay?

John Michael Frick
John Michael Frick
answered on Sep 7, 2023

Unless the lease specifically provides otherwise, a landlord is not required to give a tenant until the end of the month to pay rent due on the 1st (or other date specified in the lease. In fact, even if the lease does not assess a late fee until the 5th, a landlord can evict for non-payment if... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: In Life Estate does L.E tenant have any responsibility for upkeep of property? Taxes & insurance yes; upkeep ?

First, and now second L.E. tenant, has passed and L.E has been removed from my warranty deed. Property has not been maintained over the years, significantly so. Can there possibly be a significant claim against the estate for all that should have been done, but was not?

Anthony M. Avery
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answered on Aug 25, 2023

How was the life tenant removed from the deed? The remainderman can sue the life tenant for waste, but it should be very significant destruction of the land or improvements. After death, it will be a very difficult suit, which must be also filed as a claim against the estate.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: Can an HOA Board of Directors increase monthly fees or charge a special assessment without approval from the owners.
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answered on Aug 18, 2023

In Tennessee, the authority of an HOA Board of Directors to increase monthly fees or impose special assessments without owner approval depends on the language in the governing documents, such as the bylaws and CC&Rs. Generally, HOA Boards have certain powers to manage the community's... View More

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Rental reposession./ other occupants

I filed for reposession .not $. The day after the tenant was finally arrested after using it to avoid 3 warrants...I left 3 days to vacate afer a notice to pay or quit 3 days was ignored.many violations such as others residing..lA police stand off last week impacting the safety of renter of my... View More

Anthony M. Avery
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answered on Jul 28, 2023

You should have hired an attorney to prosecute a problem Detainer, and you might want to now. Is the Writ of Possession issued? If not ask Court to issue or hire an attorney. Later you may need to file another Detainer Warrant against occupants and start the process again. But the execution... View More

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