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Tennessee Landlord - Tenant Questions & Answers
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.

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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 Landlord - Tenant for Tennessee on
Q: Do I still owe rent and be evicted for late payment by a master tenant if I end up inheriting the property?

I was a sublessee owing rent to a master tenant in a property owned by my late great uncle.

Following my great uncle's death, I began falling short on payments and was served an eviction notice by the MT. However, I was later informed that I had become the sole beneficiary of my late... View More

Anthony M. Avery
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answered on Nov 27, 2024

If you own the property by Intestate Succession, then hire a competent attorney to represent you. Do not know what a master tenant is. You definitely need to record an Affidavit of Heirship as your source of title. Lawyer needs to search title and draft the Affidavit. At Detainer Court you... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I do anything if I was evicted for something that did not hold up in court?

I got into an argument with a neighbor who called the police saying I assaulted her but the charges were dropped. Is that legal? Isn't that heresay

Anthony M. Avery
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answered on Nov 21, 2024

Appealing a Detainer Judgment requires a large Bond. It would not be worth it. Find another place to live.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Hello there, I am seeking legal advice due to an outstanding rent fee from spring 2018 and was never notified until…

I sought a credit history report for a mortgage loan. Due to the statute of limitations in TN, I am not responsible for the outstanding balance (6 years) but need to figure out how this can be conveyed on my credit history so that it does not continue to prevent me from getting approved for loans.... View More

Anthony M. Avery
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answered on Nov 19, 2024

The SOL runs from last payment or contract date. Credit is not a legal situation but you go to each credit bureau and file a written dispute of the asserted debt. If creditor does not respond then the bureaus are supposed to remove the claim from your report. Court action is rarely an option.... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If I am paying my family member rent but she decided she doesn't want me there anymore, how much time do I have legally?

There was no issue or fight (or definitely not criminal activity) and actually it's my grandmother's sons who want me out. My grandmother is currently in the hospital recovering from a stroke. She is somewhat responsive, but I don't want to push legally to question their using the... View More

Anthony M. Avery
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answered on Nov 12, 2024

The attorney in fact will have to file and serve a Detainer Warrant on you. It is a 3 week to 5 week process usually.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My landlord texted me 12 days ago that I have a 14 day notice to vacate due to breach of contract after 15 years

However, I have yet to receive written notice from them as they stated they would be providing the following day nor have the details of the breach been disclosed with me as well as whether the allegations are curable yet in 15 years this will be my first alleged violation and the first time I’ve... View More

Anthony M. Avery
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answered on Nov 11, 2024

Until you are served or posted with a Detainer Warrant, landlord has done nothing to sue for possession. When served, then you will probably have to leave. In the mean time, you can pay rent if you intend to stay. Otherwise leave on your own or wait to be served.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If I wanted to sue my landlord for code violations, no heat, etcetera, what form would I need to file?

I'm being charged $1850.00 per month, for a house with many deficiencies that were undetectable before the lease signing because of no active utilities. According to the utilities company, there hasn't been gas service to this house, with a gas furnace, in 2.5 years. The utility company... View More

Anthony M. Avery
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answered on Oct 16, 2024

That would not work on a form.. Hire an attorney to file suit. A Civil Warrant in GS might work but will still need a good cause of action and described damages.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I was hired to clean out a rental property that was contaminated with dirty syringes. Got charged with possession

Landlord has verified that I was hired for the job.

Anthony M. Avery
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answered on Oct 11, 2024

What is your question? Hire an attorney to represent you as those will be serious drug charges. Subpoena the landlord for the Preliminary Hearing. Might want to get a drug test also to show the DA you are not an addict.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Converted a garage into a living space on my mother’s property. I do not have a lease or pay rent. Can I be evicted

I have lived in this property without a lease and without paying rent for 8!years

Anthony M. Avery
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answered on Oct 9, 2024

Yes a Detainer Warrant can be filed and served. You might have some defenses with an attorney.

2 Answers | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: I moved in home of my wife deceased father and paid taxes on it 5 yrs later they calling me a tenant and trying to evict
Anthony M. Avery
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answered on Sep 30, 2024

Apparently you have no ownership interest and paying taxes for the owners. It might be possible to dismiss a Detainer Warrant, but you can definitely be ejected from possession.

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is it legal for a rental company to do an eviction and not announce themselves
Anthony M. Avery
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answered on Sep 24, 2024

Was there a Detainer Warrant filed and served/posted? If not, then you have not lost possession unless you voluntarily left. Service/Posting of the Detainer is notice to quit by Statute.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord use my outside electric outlets when doing work on another apartment without my permission
Anthony M. Avery
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answered on Sep 17, 2024

That is not trespass but conversion... But suing your landlord is rarely a good idea, especially for a small amount of money.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: TN staute of limitations on illegal ouster , constructive eviction, theft by conversation

Landlord physiCal removed chattel never returned, some personal property thrown in dumpster then advised police and signed a authorization of agency stating I was tresspass, thus barring me access to retrieve my property

Anthony M. Avery
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answered on Sep 16, 2024

3 yr SOL... File suit for Conversion in addition to whatever you think appropriate.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord demand renters insurance or else a fee is imposed monthif the renter doesn’t obtain a minimum of coverage

Additionally, they are requiring to list them as an additionally insured or else a fee is charged every month.

Anthony M. Avery
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answered on Sep 13, 2024

Yes...That could also be a reason to evict you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: ive been told after paying the amount the property is worth in rent i can own the property. do i need rent to own agrmt?

ive lived here 15 years. paid double the worth of the property. landlord is trying to evict with handwitten notice on paper with no reason on there, is this legal? nothing has been done wrong to be evicted, house clean, rent always on time, no issues ever.

Anthony M. Avery
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answered on Aug 23, 2024

You are not entitled to a deed. But for the landlord to obtain possession, he must file and prosecute a Detainer Warrant. Giving you notice does not put you out of possession.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is it illegal for my landlord to kick me out and raise the rent from 400 to 1200 knowing I can't afford that
Anthony M. Avery
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answered on Aug 15, 2024

Unless you have a lease contract for $400 that has not expired nor been violated, then yes, the owner can take possession or require more rent money.

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