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Tennessee Landlord - Tenant Questions & Answers
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.
T. Augustus Claus
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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

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How to get rid of a tenant renting an RV lot on our property? Her and her son have caused damage, Police report filed.

We rented an RV lot to an unknown person and her son, located on our property that we currently live on. They have a vicious dog that has tried to attack several of our family members (rule; no pets), they have low life guest that have caused property damage to our vehicles (police report files)... View More

Anthony M. Avery
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answered on Jul 11, 2023

Hire an attorney to file a Detainer Warrant against the two renters for possession only. If unknown name, then use occupants. It will need to be served personally or posted. Do not get in a fight with them or they will have leverage. After a Judgment for possession, and ten days have... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord rake me to court over accidentally damaging a tree while mowing?

I was mowing the yard at my rental property and accidentally damaged a small tree and is now dieing and my landlord threatened to take me to court. Even though we see each other multiple times out of the day he refuses to come to me directly with any issues or concerns but instead will go through... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

The direct answer to your question is Yes, the LL can take you to court over property damage. The issue is whether you were negligent in damaging the tree while mowing. Other issues are: Who is responsible under the lease to maintain the property? Did LL provide you with any instructions about... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I was served a summons for a lawsuit by a landlord. Do i need to file an answer?

I was served an affidavit of indebtedness and a summons. I am to appear in general sessions court. The affiant being the landlord. It's not a collection agency. If I do need to file and answer is there a resource or template available to assist?

Anthony M. Avery
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answered on Apr 20, 2023

What Court is it in? If Sessions, then a Sworn Denial should be filed. If Circuit or Chancery, then an Answer is required within 30 days, and possibly also a Sworn Denial. If the latter then each allegation of the Complaint must be addressed. Since you are being sued for breach of contract,... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Tennessee on
Q: Hello, my name is Priscilla and I live in jacksboro tn, in apartment and I moved in December 2, 2019 and that following

Spring I started noticing black mold in my ceiling, shower stall and underneath my wall unit. Also notice when it would rain. That my ceiling fan would leak water through it. And I have to put a bucket down to catch the water from the ceiling we're it leaks. I brought this to my landlords... View More

Tim Akpinar
Tim Akpinar
answered on Feb 14, 2023

A Tennessee attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal with the mold and health problems. I could only speak for the injury-related issues. A landlord tenant attorney should advise on issues related to the lease and habitability. You may... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Hello: I bought a mobile home that is inside a parking lot. In november the person who rented it told the former owner

Hello:

I bought a mobile home that is inside a parking lot. In november the person who rented it told the former owner that he was going to move out in december. in december he did not pay rent and there was a conversation where he said he needed more time and he was informed that the... View More

Anthony M. Avery
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answered on Jan 23, 2023

Give him whatever notice the former tenant was supposed to get in the lease. Otherwise file the Detainer Warrant in Sessions now, as service/posting is notice to quit by Statute. Hopefully you know his name. File Detainer For Possession Only now as it will take time to get him out.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Where to file a halt on terminating a 30 day notice while contacting an attorney. I found where you can do this online.

Legal aid has tried to help but no one can get either one the landlord nor his office manager answer by phone, text or emails. I have a notice from one of legal aids office to give them but am worried about how they will react to it. Someone from my church has offered to pay for an attorney bc this... View More

Anthony M. Avery
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answered on Jan 19, 2023

There is no "halt" in civil procedure. Hire a competent attorney if you do not understand what a Detainer Warrant is. You will probably need to vacate 10 days after possession is adjudged to the owner.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Eviction note or not

I have a 29 year old brother in law living in a camper (not his) on our property. He has lived here since 2019. Never paid no bills or hold a job. All he does is ride four wheeler around and go to the neighbors down road who do meth and sell meth. Will not get job at all and we pay for food he... View More

Anthony M. Avery
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answered on Jan 17, 2023

If he is a tenant in common of the property, then he has a right to be there. But if not, then file a Detainer Warrant on him for possession. Let the Sheriff serve/post him. Do not get in a fight or he will have leverage on you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I evict tenants if they have a lease but I want to move into the property?

I am wanting to purchase a home in Nashville, TN that is currently occupied by tenants. Do I have to let them stay until their lease is up? Or can I evict them if I intend to move into the property?

Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

A buyer of an occupied property typically purchases subject to the lease. Which means you need to honor the lease terms. However, in some leases, there is a termination on sale clause, which also means the lease terminates when the property is sold. Other times, certain conditions can be negotiated... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My question is about legal residents in your home. I asked this already but I don't think I gave enough information.

My nephew who is 23 has lived with me for 18 years and we have had some trouble with him and had to call the police a couple of times. They told us that he is a legal resident and we can not make him leave without an eviction notice and all that that entails. He does not have a lease and he does... View More

Anthony M. Avery
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answered on Jan 1, 2023

If he somehow gets back into the house, you will have to file a Detainer Warrant in Sessions Court. Changing the locks might help now.

1 Answer | Asked in Collections and Landlord - Tenant for Tennessee on
Q: I won a judgment last year from my previous tenant, I'm in Nashville,TN. how I can collect it?
Anthony M. Avery
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answered on Jan 1, 2023

Hire an experienced collection attorney to either pursue it or forget about it. Apparently you do not know anything about the judgment debtor's financial situation, which you need to even to consider the collection process.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord serve a mailed eviction letter if my rent is only 14 days late?

Sent a letter stating I need to vacate the property my 12-1-22 because I am within this month late on rent. Due 11-1 and have a 5 days Grace period. Is this legal without a 14 day notice to cure?

Bennett James Wills
Bennett James Wills
answered on Nov 16, 2022

Look at your lease. Often there are provisions in the lease that you have waived notice for non-payment of rent. If you didn't pay in the grace period, then the notice may well be proper.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Apartment management sent a statement balance without an itemized bill. Do I actually have to pay?

I moved out of the apartment on November 13 but the management sent an email on December 14 stated that I owned $917 and they said the wall & repair costed them $835. When I asked for an itemized bill they only sent a ledger (which has a line that showed Damaged - paint & dry wall repairs... View More

James L. Arrasmith
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answered on Apr 16, 2024

When you receive a charge from your apartment management without a detailed breakdown, it can be frustrating and leave you unsure about the legitimacy of the charges. Generally, tenants are entitled to an itemized statement of any deductions from their security deposit or other charges that arise... View More

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