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Tennessee Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What is the legal distinctions between a "lodger" and a "tenant" in the U.S. state of Tennessee?

We recently allowed an acquaintance to stay in the same home that we live in on a temporary basis, with no requirement to pay rent, utilities, or provide any services to us in exchange. The plan is that this acquaintance will secure their own housing no more than four months from now. While no... View More

Anthony M. Avery
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answered on Jul 19, 2023

You will need to file and serve a Detainer Warrant for Possession in General Sessions Court against the occupying party.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a apartment complex end your lease if you don’t have any debt, for a lease violation?

I have no debt with my apartment complex and there was a issue with parking in the “incorrect” spot once and my car was towed and the tow driver said he would drop us and pay a drop fee if my apt mgr said it was okay and didn’t so he towed us and we started asking her why and yes we cussed... View More

Anthony M. Avery
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answered on Jul 12, 2023

Yes... Landlord has to file a Detainer Warrant on you. It must served or posted. After Judgment for possession against you, you will have ten days to leave or appeal. Otherwise a Writ of Possession will be executed by the Sheriff.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I have been served a writ of possession and the landlord will not let me retrieve my belongings

I was served a writ of possession over 35 days after going to court and the landlord will not let me retrieve my belongings he only gave me 15 minutes to gather my things and get out all of my personal stuff is still there and I've been told he's been going through it

Anthony M. Avery
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answered on Jun 5, 2023

If you have a lease, read it about termination. If you have a security deposit, then claim it. You may have to file an Action To Recover Personal Property in Sessions Court, or for conversion. A money judgment might be executed against the real property of the owner. Politely threaten the... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How long does a landlord have to replace a hot water heater in the state of Tennessee in Dickson County
Anthony M. Avery
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answered on May 25, 2023

There does not exist some special statute for utility maintenance in Dickson County. You may want to find another place to live if the landlord will not correct the problem.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: If a disabled person cannot find new housing within the agreed 60 days, can the landlord immediately evict them?

The landlord initially attempted to increase the rent by $275 but then dropped down to $175. The tenant decided at the end to not renew lease and was given 60 days to vacate the premises. New housing had not been secured within the 60 days and he asked for additional time but was refused. Is this... View More

Anthony M. Avery
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answered on May 24, 2023

Being disabled does not give you special leasing privileges. However written or oral notice to leave does not give possession to owner. A Detainer Warrant being filed, served and granted judgment upon is necessary first.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I'm awaiting renovations to my apartment for a year now and now she wants to raise the rent yet again
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answered on May 16, 2023

If you are not okay with that, then move somewhere else. Landlord will probably agree to terminate the lease , and if not, it is difficult to collect future rentals.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I need to know how to count the 10 days before a writ is given in Johnson County tn

The landlord also took part of my belongings and ruined other things

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answered on May 9, 2023

Generally the 10 days to appeal or vacate the leasehold start the day after Judgment is entered. It can take a little time for the Judge to issue a Writ Of Possession. And then it is up to the Sheriff when he executes it.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If there are no damages to apartment but landlord refuses to give security deposit back

Have recordings and pictures of before and after of entire apartment

Anthony M. Avery
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answered on May 1, 2023

You will probably have to sue the landlord in Sessions Court to get the deposit back.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: If I have a year lease can land lord go up on rent even if my year not up
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 27, 2023

Whether your landlord can change the rate "mid-term" in the lease will depend on the language in the lease. If there is no provision allowing for this- then - no, the landlord shouldn't be able to change the rate during the term of the lease.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: Can we sue a property manager for not following through with a property following an eviction, result significant damage

I am an out if state owner that the property managers evicted a tenant and did not follow through with maintenance of the property resulting in bursting of pipes and significant damage during cold weather. Management is aware we are out of state and also recently went through a detrimental... View More

Anthony M. Avery
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answered on Mar 27, 2023

That is a suit by you against your own management co. General Sessions might be available. You will have the burden of proving Breach of Contract resulting in Damages.

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: my name is still on the mortgage but my ex is taking care of all bills and i am moving out. advice on a contract?
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answered on Mar 20, 2023

If you signed the Note then any Foreclosure of the Deed of Trust may be succeeded by a suit on the Note Deficiency against you. Try to get Ex to refinance and pay off the Note you signed.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I'm being evicted from my home I have been here over a year and I pay by the week 220$ per week and he said I broke agre

BROKE Aagreement he said I wasn't consistent he brought the eviction said I had 10 days to move

Bennett James Wills
Bennett James Wills
answered on Mar 20, 2023

If a court has granted the landlord an order of possession, then you have 10 days to vacate or the sheriff can come and remove you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I received notice to move in 30 days. They are refusing to grant an extension as reasonable accommodation.

I have requested an extension as reasonable accommodation since I am a disabled senior citizen with limited resources and mobility but they are denying that. I understand there are laws requiring such but I have not been able to locate the specific statutes to cite. Reason for eviction is new... View More

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answered on Mar 14, 2023

What is your question? You will probably be served with a Detainer Warrant, then have ten days to move after judgment for possession.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: is there a limit in Tennessee on how much a landlord can raise your rent at one time?

trying to raise my rent 500 a month at once

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answered on Mar 8, 2023

No...

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If a landlord accepted partial payment after using tenant a 14 day notice, is that notice null and void?
Anthony M. Avery
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answered on Feb 2, 2023

No, but what counts is whether a Detainer Warrant has been filed or not.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What is the law on tn rentals reguarding 2nd late fee then unpaid rent- an the time frame to terminate tenacy..?

If i i have a tenant an within 2 months-a late payment fee -after 5 day grace period ,was issued an it is the 1st time ....an the 14 day pay or quit was given. ...then they paid that......

AN a few months later -missed payment 1 of 2 per month -an they promised to pay it all on next... View More

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2023

Depends on what your lease says and whether you are accepting payments with or without reservation. But you can't evict someone without filing a detainer summons and getting an order of possession.

2 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Is there a online detainer warrant I can fill out?

The attorney I met with was going to represent me with the unlawful way my landlord how just acquired this property back in May and he's threatened me twice and on Decemeber 20th 2022 I recieved a notice to terminate my month ti month lease

He told me I could fill one out online but... View More

Bennett James Wills
Bennett James Wills
answered on Jan 23, 2023

https://www.tncourts.gov/administration/judicial-resources/forms-documents/court-forms

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Hello!! If my tenant moved out early, am I still entitled to last month's rent?

My tenant signed a lease until January 14, 2023, but she moved out on December 31, 2022. She paid first and last month's rent, plus a security deposit when she moved in. Is she entitled to any money back since she didn't live there in January?

Bennett James Wills
Bennett James Wills
answered on Jan 9, 2023

You are entitled to rent through the term of the lease, unless the lease states otherwise. Leaving early is typically considered abandonment.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Does my landlord have to pay to relocate my family because of excessive black mold ? I live in Union City Tennessee
Anthony M. Avery
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answered on Jan 5, 2023

No

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: There is no lease and the overseer of the unoccupied house has paid no utilities or rent can the said person be easily

evicted?

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answered on Oct 31, 2022

File the Detainer Warrant for possession only now. You probably should hire an attorney to file this.

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