You must file a Detainer Warrant for possession only. It must be served or posted. You get a Judgment at the first hearing or the next. Then if the occupants are not out in 10 days, you must apply for a Writ of Possession to be executed. You obviously need an attorney and someone who can be...Read more »
What is your question? If the Judge gave you possession, then wait ten days and see if the tenants are still occupying the place. Otherwise go back to Sessions Court and ask for a Writ of Possession to be issued and executed. If you did not get possession, then you have a serious problem,...Read more »
I moved out July 2015. Never heard from the apartment complex. Got mail from an attorney in Feb 2020 that I owed complex $490 for damages plus attorney's fees. Can they actually sue me for this after 4.5 years? I left a forwarding address and received nothing.
Getting a letter is not a suit yet. Landlord probably knows you are going to raise the 3 yr SOL on property damages. Your Lease might have had a different suit limitation period, but it is doubtful, and even then would be only a good argument in the face of the Statute. If sued and served,...Read more »
My family needs to break our one year lease early. Our lease states that if we were to terminate early for any reason, we will be responsible for all remaining rent due to the end of the lease, forfeiture of all deposits and fees, plus two additional months of rent. Which will equal about $15,000.... Read more »
Law trumps the lease. There is a mitigation of damages requirement in Tennessee.
In general the reason people put language in the lease that goes beyond what the law allows is that such action is not illegal. People think with good reason that strong worded language scares people into...Read more »
Co tenant and subtenant paid main tenant their agreed upon rent per their written agreement. The main tenant has not paid the LL. If the main tenant doesn't pay the LL, who should be served the notice to pay or quit? The co-tenant and subtenant both submitted their notice to vacate to the... Read more »
Who is in Possession? That is your main concern. Your Contract is with the main tenant I would suppose, but again the important thing is regaining possession, not money. Try filing and serving/posting the latter tenant. That will get it going, and if others are there, then you will have to...Read more »
There is no law that the LEO's must notify a landlord prior to an arrest, execution of a search warrant, etc. If government rent assistance is involved, then the landlord or government bureaucrats get involved later.
Tenant subleased rooms. LL required all adults to sign LL's lease. Subleasee gave 30day notice to vacate per sublease. Tenant says subleasee has to stay till end of lease because they signed LL lease. Tenant is getting very hostile, texting and emailing LL for hours. Tenant tells... Read more »
Owner/LL must file a Detainer Warrant to be served/posted on the adult tenants. Then at Court, generally there will be a judgment for possession. Tenants have ten days to get out or appeal. If not out, then owner/LL must get a Writ of Possession issued for the Sheriff to physically remove...Read more »
I read an article that stated that a tenant can not charge the subtenant more than what the tenant is paying the LL? Is this valid in TN? What can you do if you find a tenant charging a subtenant more?
A competent lawyer should be able to find some breach of the lease contract. Also you or he might negotiate with the tenant to get out early. Spending some money now might be well worth it to you in your situation.
She is threatening if you don't pay on the 1st of the month we will get a 14 day notice. And if not paid by 4th we will get a late fee.... And if we get multiple notices we could have our lease terminated.
Depending on if your in a county where the Tenn. Uniform Landlord Tenant Act is applied, there is a 5 day grace period, generally. See TCA 66-28-201(d). "There shall be a five-day grace period beginning the day the rent was due to the day a fee for the late payment of rent may be charged. The...Read more »
We have a lease and deed from where we are buying it also. The landlord dropped the deed with out us knowing but we was and are still paying on the house still. She dropped it 5 years ago and just told us a few months back that she dropped it. Now her grandson who is not the landlord keeps bring... Read more »
I rented a property with a one year lease agreement but only lived there about four months. I allowed other immediate family members to live there after i left and they did horrific damage to house. I have since fixed all damage (myself not by pros). Unfortunately, nothing suits landlord.... Read more »
You signed the Lease Contract, which apparently has not been terminated. Read the Lease concerning termination/ default. If you quit paying, the landlord can sue you for the remaining agreed rent, and might add damages. But he might not be able to collect. Walking away might be the prudent...Read more »
We had told them at the ending of last month they need to be moved out now they are saying they have 2 months to live there still. They havent paid rent with in the last 3 months at all. Saying we have no right to step on that property to remove them?? They are trying to argue alot with us. The... Read more »
You have to file a Detainer Warrant on the adults. It must be served or posted. You go to Court and ask for possession only. If they do not leave 10 days after judgment, then you must get a Writ issued for the Sheriff to remove them.
My previous landlord has sent me to collections. I never was notified I owed anything or got to do a walkthrough and they changed my locks 2 weeks before my lease was up and kept all of my possessions. They have now sent me to collections for nearly $3,000. Can I take them to court over what they... Read more »
That probably serves as your notice to quit. But to actually run you out, landlord/owner must file a Detainer Warrant, serve or post it, get a Judgment for Possession, and if you are not gone in ten days, get a Writ of Possession issued then executed by the Sheriff (physically remove you). Your...Read more »
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