Lawyers, Answer Questions  & Get Points Log In
Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord force a tenant to continue to pay rent on a month to month basis beyond the expiration of a lease?

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. It's... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 23, 2020

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 »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I have a family member who I let stay in my house withou no lease signed. They have paid rent 1 time while living there.

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 »

Anthony M. Avery
Anthony M. Avery answered on Jan 23, 2020

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.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I take my previous landlord to civil court?

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 »

Bennett James Wills
Bennett James Wills answered on Jan 7, 2020

Sure. You could file a counterclaim. Doesn't mean you'll win. You would be wise to consult with local counsel to determine your best course of action.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Landlord wrote out a eviction notice to be out in four days, is that legal. Been here 3 years doing work on the house.

For staying in it

Anthony M. Avery
Anthony M. Avery answered on Dec 27, 2019

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 »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Do I have to give my employer name & number to my landlord, If I'm self-employed?

Landlord is threatening to follow me to work to ask boss for his info if I don't get it for him

Anthony M. Avery
Anthony M. Avery answered on Dec 23, 2019

If you wish to rent real property there, then you will have to accommodate the landlord. You may wish to rent elsewhere. No law requires you to disclose such information.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: can a landlord stop doing maintenance for not paying rent
Anthony M. Avery
Anthony M. Avery answered on Dec 20, 2019

No, and it will only give the Tenant a cause of action under the Landlord/Tenant Act, which includes Shelby Co. The better route is to file a Detainer Warrant for breach of lease contract (no rent $).

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Are the landlord tenant laws in TN valid if there is not a signed lease agreement
Bennett James Wills
Bennett James Wills answered on Dec 16, 2019

Yes. One doesn't always need a signed lease, although it is helpful in most cases.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord take cash and let tenant stay after court ordered eviction

Landlord got court ordered eviction with judgement and still allowed tenant to stay with tenant paying cash. Is that legal. Is the court ordered eviction still in effect or is it now void?

Anthony M. Avery
Anthony M. Avery answered on Dec 11, 2019

The Court probably rendered a Judgment for Possession to the owner or landlord. If the landlord wants them out, then he needs a Writ of Possession from the Court for the LEO's to remove the tenants. The Judgment is not void because the landlord ignores it, but the tenant could appeal if breach... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Tennessee on
Q: I have a 1yr signed lease can the new landlord make me leave before the 1yr If have a lease from the previous landlord?

The new landlord got the property I’m currently at in a recent divorce but I just moved in three months ago and the new landlord sent a letter stating I have till Jan 20 to leave and she’s not returning my security deposit that I’d have to get it from the previous landlord. I have receipts... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 8, 2019

If you have a lease term- it can not be shortened by simply a change in the ownership of the property- unless there is language in the lease that would make the lease terminable- which would be unusual. Usually the new owner takes subject to the lease.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can i answer letter to quit from land lord. It is completely wrong. He shut my utilities off for 8 days. Court made him

It is just me an my 30 year old disabled son. My rent was not late. He turned the utilities. Off a week before my rent was even due. Then he turned back on after about 5 hours an cursing me out. He really had no reason to ask us to move. The mobile home had black mold the windows where not properly... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 2, 2019

You can, but once he serves or posts the Detainer Warrant, you must attend and argue in Court. Your letter now is legally irrelevant. It is doubtful you will recover for your work, which you should not have performed. I suggest looking for a new place.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Requesting documentation from tenants

My lease requires the tenants to carry a renters insurance policy. They have been in the house for 3 weeks and I've asked for a copy of the policy 3 times. I've also asked for the move in checklist 3 times and I still haven't received that either. How do I handle this? Damages are already... Read more »

Bennett James Wills
Bennett James Wills answered on Nov 19, 2019

What does your lease say? If that is a material term in the lease you may have grounds for an eviction if they have breached the terms of the lease. But you must also give proper notice. Consult local counsel for your optoins.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Our landlord has decided to sell the property we are renting. If they sell before our lease expires can we stay?

Our lease is automatically renewed every 6 months and our lease started May 1st 2018

Bennett James Wills
Bennett James Wills answered on Nov 19, 2019

Most likely. Buyers of real property take subject to the lease. But review the terms of the lease for your answer.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Tenant has a pet with a no pet clause in lease.

I did a walk through after 3 weeks of tenancy. There was evidence of a pet. I made it clear that no pets are allowed at any time in the house....friends can't bring over pets, no pet sitting, etc. The same day that I made it clear that no pets are allowed, a neighbor reported seeing a dog enter... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2019

If you want them out, hire a competent attorney to file, serve/post and prosecute a Detainer Warrant. Depending on the leasehold's County, the Security Deposit (if any) might be a problem. If someone is really disabled, you might have a fight with HUD, but it is doubtful. You will lose money... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: is there a period of time occupying a residence a tenant isn’t responsible for normal wear and tear on a property.

We rented from a property management company for 9 years and had yearly inspections.

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2019

No there is no time limit on wear and tear of a leasehold. Hopefully you were smart enough to not give a Security Deposit. If you did the Landlord will probably keep it.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If you are renting can a landlord make you pay land taxes in the state of Tennessee?

I have read through all receipts that I have kept and noticed that land taxes were attributed to it is this legal.

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2019

Your Lease may require your payment of taxes. Read the Contract. If it is not there, you might talk to him about it, but I doubt he will lower your Rent. Or he may file a Detainer.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord still file a writ of possession after you went to court and paid the rent
Anthony M. Avery
Anthony M. Avery answered on Nov 13, 2019

Yes and the Judge may issue it. If so the Sheriff will check to see if you are out or remove you. If you feel you overpaid, you can sue for the money and/or a security deposit.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Who is responsible for roommate evictions, tenant or landlord?

My new tenant is seeking roommates. I require all adults 18 and over to sign the lease and undergo a background check. The tenant is assuming financial responsibility for the roommates. If a roommate breaches the lease, who is responsible for the eviction, the tenant or the landlord?

Anthony M. Avery
Anthony M. Avery answered on Oct 28, 2019

I assume you are the landlord and/or owner. If you want someone out, then file the Detainer yourself. Tenant/Sub-Tenant Detainers are messed up at best, and usually never occur. It is irrelevant whether you have a contract with the unwanted possessor or not.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I let my ex wife move in to my spare room in hard times. How can I evict her?

My ex wife was going through a rough time and I let her move in to help. Since she moved in I have holes in the walls my personal property has been getting damaged and of course we have been arguing to the point of having the law called on more than one occasion. She has been threatening me with... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 28, 2019

In Tennessee, the procedure is to give her written notice to get out. If she was supposed to pay rent, she has 15 days to catch up the rent. Then you file in general session court a "detainer warrant" ( the court clerk will have a form for you to fill out). Actually, it sounds like she is not... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord break a lease without show cause in state of tenn
Anthony M. Avery
Anthony M. Avery answered on Oct 24, 2019

This happens alot. You can go to the Detainer Court and complain that you have not breached the Lease, but it will probably not do you much good. The Security Deposit if you paid one is what you want to get back, and you may have to sue in Sessions for Breach of Contract and its return. Also... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.