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Tennessee Landlord - Tenant Questions & Answers
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 Real Estate Law, Landlord - Tenant and Civil Litigation for Tennessee on
Q: Options for extending stay after verbal agreement terminated

I have lived in my house since 2006 after the original owner passed away, and the daughter took over the estate. We had a verbal agreement with her about a year or two ago that we could continue living here while trying to purchase the house. Despite offering to do a rent-to-own option, she did not... View More

Michael Gregory Floyd
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answered on Apr 2, 2025

You should file a lawsuit for breach of contract.

Attorney Floyd 901 779- 4973

1 Answer | Asked in Landlord - Tenant, Employment Law, Personal Injury and Real Estate Law for Tennessee on
Q: Can a woman I'm a caregiver for forbid me from having guests in her home in TN?

I have been living as a caregiver for a 57-year-old woman in her trailer for nearly two years, taking care of her and a large number of animals, in exchange for room and board. She recently informed me that I cannot have guests without her permission or unless she is at home. After my boyfriend... View More

Anthony M. Avery
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answered on Mar 26, 2025

Yes... She will probably file a detainer warrant against you, or maybe allege some crime.

1 Answer | Asked in Landlord - Tenant, Consumer Law, Insurance Defense and Personal Injury for Tennessee on
Q: Tree fell on my truck, landlord says insurance won't cover it. Do I have a claim?

A dying tree fell on my truck while it was parked at a property rented by my friend. The landlord claims their homeowner's insurance won't cover the damage, but I suspect this might not be true. I have pictures of the tree and the damage caused. What steps can I take to address this... View More

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2025

A Tennessee attorney could advise best, but your question remains open for three weeks. It's difficult to say definitively what position the insurance carrier would take, based on the brief facts. If you consulted with a local attorney, they could probably better outline options after learning... View More

1 Answer | Asked in Landlord - Tenant and Personal Injury for Tennessee on
Q: Rights for mold inspection and rent rebate after water damage in TN rental

My daughter, who is a college student living out of state, experienced significant water damage in her rented house due to a broken sprinkler line on the second floor. The incident occurred on a Wednesday, and the landlord's initial response that night was minimal. By the second day, ceilings... View More

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2025

A Tennessee attorney could advise best but your question remains open for three weeks. I'm sorry for your daughter's stressful situation. A L-T attorney could advise best on the issue of rebates. As far as assurances of no mold within cavities, you could see if the remediation... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: Can I legally enter my rented property in Tennessee after renter moved out, hasn't paid rent, and won't return keys? Visible outside damages noted.

I am a property owner who had a month-to-month renter who moved out 15 days ago and has not paid the rent for that period. The renter has also had the utilities turned off and has not returned the keys. I have tried contacting her with no response. There are visible damages to the outside of the... View More

Anthony M. Avery
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answered on Mar 13, 2025

As the owner, if you are deeded as such, you have title and now possession. Go inside anytime. I do not understand your hesitation or really your question if you have been renting your property out. You can repair damages and locks anytime.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: how do i file a Affidavit of airship that I inherited form my mothe it has tenants in it that owes rent
Anthony M. Avery
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answered on Feb 5, 2025

Hire a competent attorney to determine heirship, title, and then draft an affidavit to record. Any heir can file the Detainer Warrant.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I currently have a house that I have for rent in old Hickory, Tennessee.

I have a husband and wife who filled out an application for the house. I checked their information and I forwarded them a lease. They sent the lease back to me with their signatures, but I have not signed the lease yet and I have not collected a deposit from them. Do I have a right to change my... View More

Anthony M. Avery
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answered on Jan 14, 2025

If you have not agreed to lease the house to them, then no lease exists. If they already moved in, then you must file a detainer warrant to regain possession. Probably best to tell them no today. You might want to hire a local prop0erty manager.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Elderly, handicapped SS only. Landlord scammed me over $20k. Told not a crime in Tennessee. What can I do
Anthony M. Avery
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answered on Jan 12, 2025

You did not describe what happened. You might file your own suit in General Sessions Court, but a cause of action will have to be pleaded and proved. If you get a Judgment, appeal de novo (another trial) is likely. Should you get a final judgment contact me to collect the judgment.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If two people name on the house lease, one of them decide to move out & haven't been back or paid rent in 2 months

Me in the other tenat was in a relationship, we broke up she moved out

Anthony M. Avery
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answered on Dec 30, 2024

What is your question?

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Tennessee on
Q: I was mailed a “Notice of Termination of Residency.” I would like to dispute it. What are my options going forward?

The notice says that I have failed to keep my premises safe and clean by failing to remove trash & pet waste—pet waste has been cleaned and the large contractor bags they are talking about are clothes, not trash. I have a company scheduled to come in to clean and remediate the issue of smell.... View More

Anthony M. Avery
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answered on Dec 17, 2024

Owner must file, serve and litigate a Detainer Warrant against you to get possession, So it is only started. You may wish to defend yourself in Court or find another place.

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.

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