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
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
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
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
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
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
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
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?
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
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
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
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
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.
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
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.
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
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.
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?
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
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
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.
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.
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?
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.
answered on Mar 18, 2024
Yes...Landlord is the owner or his agent. Usually there is a lease term on this. Fourth Amendment does not apply to non-government actors.
answered on Feb 15, 2024
What is your question? A contract for a deed which is actually a lease with option to purchase may be what you are talking about. That would be a simple contract for an attorney to charge for. But if you are thinking of renting that way, do not do it. All moneys paid in will be forfeited... View More
Utilities were changed from landlords name w/o permission. I verbally asked her not to change them but it was still done. I updated the lease to state that utilities must stay in landlords name and now she refuses to agree or sign. Now she won’t respond about paying utilities.
answered on Feb 6, 2024
If the lease term is broke, then it is a breach of contract. There are probably other reasons to file a Detainer Warrant. File suit and let her defend herself.
compensation if one had work done on the house are both responsible by TN law to pay equal for the repairs/improvements?
answered on Jan 15, 2024
TIC can ask the Court for a reimbursement from the common fund in equity, but it is unlikely it will be awarded.
okay
answered on Dec 11, 2023
What is your question?
We lived in Manchester tn and we moved out but they still sent us an eviction to appear in court. We have moved out I wanted to know if I have to go to court and if I will get a failure to appear?
answered on Dec 6, 2023
You do not have to go to Court. But a default judgment will be entered that might include money damages or rent arrearages. Go to Court and dispute anything more than possession and costs.
answered on Nov 27, 2023
What is your question? It sounds like either an aggravated assault or justifiable self defense.
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