COVID-19 Tennessee Q&A by Practice Area

  • Admiralty / Maritime
  • Adoption
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  • Juvenile Law
  • Land Use & Zoning
  • Landlord - Tenant
  • Legal Malpractice
  • Lemon Law
  • Libel & Slander
  • Medical Malpractice
  • Mergers & Acquisitions
  • Military Law
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  • Native American Law
  • Nursing Home Abuse
  • Patents (Intellectual Property)
  • Probate
  • Public Benefits
  • Securities Law
  • Sexual Harassment
  • Small Claims
  • Social Security
  • Stockbroker Fraud
  • Trademark
  • Uncategorized
  • White Collar Crime
  • Wrongful Death

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COVID-19 Tennessee Questions & Answers
1 Answer | Asked in DUI / DWI for Tennessee on
Q: What is the Statute of limitation for DUI in Tennessee?

I was arrested for DUI in November of 2019, and have yet to be convicted. The case keeps getting reset due to Covid and other issues within the court. It’s now been almost 4 years since my arrest. Does this count as being past the 1 year statute of limitations?

Anthony M. Avery
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answered on May 31, 2023

If the warrant was issued within 1 year of the incident, then it is timely initiated. Your lawyer could make a speedy trial motion, but it might just get you convicted sooner. Talk to your lawyer.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord legally sue me?

I was unable to reach my landlord and it was day 33 of having emergent safety concerns submitted to maintenance. (Window fell out of wall, breaker was sparking/blowing, floor caved in, no smoke detectors/sprinklers/extinguishers, and they building failed building and code inspection) I sent my 60... Read more »

Anthony M. Avery
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answered on Jul 13, 2021

Yes you can be sued. Be prepared to testify that you did not cause damages and possession has been returned. Expect a continuance and you may want to hire an attorney.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How can I be evicted during corona virus?

We got behind on our bills and was living in a Habitat for humanity home for right at 5 years. We managed to get caught up and it was a huge relief all that the attorney told us was to make sure to pay on time from now on. And me thinking all was well I quit worrying about it next thing I knew was... Read more »

Anthony M. Avery
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answered on Jun 9, 2021

Only Detainer Warrants that involved real property subject to Government Guaranteed Deeds of Trust were prohibited for the past year. It appears you were a month to month renter.

1 Answer | Asked in Foreclosure and Personal Injury for Tennessee on
Q: Can I still sue after a year of an injury that's gonna last the rest of my life?

3 officers slammed me down in the yard of the home we Were evicted from. While 2 put there knees in my back one reached around them and grabbed me by the back of my neck, squzz and just held as tightly as he could as if trying to strangle me from behind now my neck aches a lot it pops n creeks and... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2021

Looks to me like the statute of limitations in Tennessee is one year. If it is over a year you can't proceed. Contact attorneys who handle "police misconduct." You need exact dates.

2 Answers | Asked in Estate Planning, Elder Law and Probate for Tennessee on
Q: If my father's life insurance is paid to my mother's estate can it be taken by creditors my parents owed money to?

My father had a life insurance policy with prudential that named my mother as primary beneficiary and me and my brother as contingent beneficiaries. My parents passed from covid within 22 hours of each other. My father passed 1st and my mother 2nd surviving him by 22 hours on a ventilator. After... Read more »

Nina Whitehurst
Nina Whitehurst
answered on Apr 25, 2021

You are correct on both accounts. If your mom did not survive your dad by at least 120 hours, then she is deemed to have predeceased him. That would leave his children as the sole heirs of his estate (having died without a will). The insurance proceeds should be paid to you and your other... Read more »

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Due to Covid can my landlord give me 60 days to move out because she sold the house without telling us she was selling?

She called us to tell us we have 60 days to vacate. We didn’t even know that she was selling the house. I have 4 kids and my mom lives with us. Please help. I don’t know what to do.

Bennett James Wills
Bennett James Wills
answered on Apr 21, 2021

The answer is in your lease. If you still have a lease term then she cannot evict you for selling the house. If, however, you are on a month-month lease, then perhaps she can give you proper notice to vacate. The owner does not need your permission to sell the house; but any buyer of the property... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Ok my ex and I got divorced in 2020 and decided that we would alternate years on claiming the kids this year it was my

Turn and up until now we have split the last two stimulus checks because they were based on our joint tax return but with this third stimulus it will be based on the most resent one which I filed single with all three of our kids am I entitled to split this stimulus with my ex even though it is not... Read more »

Ross Matuszak
Ross Matuszak
answered on Mar 12, 2021

Thank you for your question. If you already filed your 2020 tax return, it seems that the government may use that information to calculate the amount of stimulus you will receive. However, other sources say that the government may use 2019 data to calculate stimulus payments.

If there is a...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Can a public or private employer require employees to get the COVID-19 vaccine?
Rhiannon Herbert
Rhiannon Herbert
answered on Jan 13, 2021

Generally, the answer to this question is yes. However, if you have a medical condition that prohibits you from receiving the vaccine or if you have a religious objection to receiving the vaccine, you may be entitled to request an accommodation in the form of exemption from mandatory vaccination... Read more »

2 Answers | Asked in Bankruptcy, Contracts and Foreclosure for Tennessee on
Q: I live in Tennessee, can my landlord show the house to buyers during the covid pandemic and while I’m currentlypregnant

My landlord told us before we signed the lease that we wouldn’t have to deal with strangers coming into our home for any reason but because she’s dealing with facing foreclosure on a different house that she hasn’t been able to get anyone to buy,she’s been trying to get someone to buy the... Read more »

Anthony M. Avery
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answered on Jan 4, 2021

Unless it is in your Lease there is no such prohibition. You may wish to find a leasehold elsewhere. A Buyer will take subject to your Lease, I would expect to not stay there much longer. A potential personal injury suit is not going to happen because it would be impossible to prove. causation.

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1 Answer | Asked in Landlord - Tenant and Collections for Tennessee on
Q: i have been paying rent to an apartment, who now has no record of me lving there help?? please!!

My apartment complex got bought out by a new management company and has somehow moved me out of their system. They have now switched over to online rent payment option only and i have no way now of making my payments due to the webiste saying there is no record of me living at the adress. No one in... Read more »

Paul E. Tennison
Paul E. Tennison
answered on Dec 8, 2020

Yes, I would go talk to the management company in person. If the facts are as you describe, they should be able to fix the error in their system. You could also write letters/emails to the management company describing the issue and asking them to rectify. If you are still unable to resolve this,... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What is the process that I need to take to evict and recover rent for nonpayment/tenant breaking lease?

Nashville: I am a landlord that has a signed lease agreement with a tenant for 12-months of which 6-months were fulfilled. The tenant is currently at my property, hasn’t paid rent and stated the he does not plan to pay.

What are the steps that I need to take to ensure the tenant is... Read more »

Anthony M. Avery
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answered on Dec 7, 2020

Hire a competent attorney in the Davidson County area. Get him to file a Detainer Warrant and prosecute it until the occupant is gone. Do not get security deposits anymore, due to the Landlord/Tenant Act applying there. Hopefully the virus mess will not hold you up, but file the Detainer asap.

1 Answer | Asked in Criminal Law and White Collar Crime for Tennessee on
Q: Are courts being more lenient on jail sentences with Covid? Hoping to get house arrest instead of jail time?
Sean Maye
Sean Maye
answered on Nov 30, 2020

It depends on the facts of the case, your criminal history and the DA's and victims' positions on jail time. Generally, in the beginning of the pandemic, courts were leaning away from jail sentences and were letting a lot of people out of jail on already-imposed sentences. Now, though,... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: Because of coronavirus is it a favorable time for some one to turn them self in over a probation violation ?
Shanone Emmack
Shanone Emmack
answered on Nov 21, 2020

Yes you should turn yourself in but , before you do, call and find out what your bond is or if you will be released on your own recognizance (ROR). That way you can plan ahead and get in and out relatively quickly. Good Luck!

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1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Being taken to court For a loan that was unpaid right before covid hit and we were laid off.

We were laid off and the courts want 16,17,18 tax returns, bank/financial statements none of those years were when the loan took place. Why do they need that? My husband is still unemployed and makes 412 a month I just got a job and wasn't employed up until that point

Anthony M. Avery
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answered on Nov 18, 2020

That type of document production usually occurs in conjunction with post-judgment discovery in order for the judgment creditor to collect from you. You need to check with the Court to see if a Judgment has already went down against you two. Otherwise the creditor must anticipate a problem... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: after signing a contract for a caterer for a set amount, can they add additional charges for state regulations?

We were told due to covid we would have to pay additional fees based on state regulations. Even though we booked during covid and the original contract does not mention these cost. Is this our responsibility?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Nov 10, 2020

The contract will control. If there is a fixed price - and the contract does not provide for any changes then the caterer may be stuck. The contract may have a clause that indicates that if an act of God is involved then there may be a different outcome. This may be called a force majuere... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I got pulled over in a "school zone" that the flashing lights were off and i didn't know kids were present due to covid

and received a ticket but the officer didn't ask me to sign it on the paper or on an electronic device. Does that mean an automatic dismissal in court since i wasn't asked to sign? Thank you

Anthony M. Avery
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answered on Sep 18, 2020

No. That is only an acknowledgement of the Citation instead of Arrest. You will need to go to Court in a respectful manner. Be polite about the lack of signature.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have an apartment that I have let a family member live in rent free for 11 years. I've given this person 30 days to f

I've decided that grace period is up and I no longer want this person living in my apartment. There was never a lease or any sort of written agreement. I was letting them live there because they would've been homeless otherwise. I gave them a 30 day notice to find somewhere else to live,... Read more »

Anthony M. Avery
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answered on Aug 7, 2020

You have to file a Detainer Warrant with General Sessions Court. Sue For Possession Only (no money). However you could lose and have to file an Ejectment Action, which will be expensive and difficult. File it Monday. If you receive Federal Subsidies, the virus mess will delay you.

1 Answer | Asked in Personal Injury, Civil Rights and Juvenile Law for Tennessee on
Q: My wife took my 11 y/o daughter to get a retainer today. My wife was not allowed to accompany her to the exam room.

When she attempted to enter the room she was told Covid-19 policies prevented her from accompanying my daughter, this was after my wife had paid the fee. My wife was told that there would be only females in the exam room. My obvious question would be, is this legal? Of note, my daughter suffers... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 28, 2020

This is a different world we live in for now. Medical Providers are trying to find a way to provide a relatively covid safe treating environment. I wish this had been explained better before you got there- so that maybe some of the anxiety issues could have been dealt with. My guess is your... Read more »

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: 39-13-101(a)(3)i work @ a rent to own company i placed my foot in a customers door. My intention maintain contact. good?

after 30 mins of waiting on his porch after contact was broke i knocked on the door. he answered, we said a few things, not argumentative, just discussing his options return or pay. i propped my foot in the door to prevent him from closing the door and ending contact. my intentions for doing that... Read more »

Anthony M. Avery
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answered on Jul 27, 2020

Hire a competent attorney to represent you on the Assault Charge. You will need to prepare for a Preliminary Hearing. Unless there are other facts than what you have set out, I would not agree to Diversion but try it if it is not dismissed after the Prelim. Do not have any contact/communication... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Q: Should one dispute excessive move-out fees in small claims court?

I recently moved out of an apartment in Tennessee. Despite multiple requests, I was never given a walk-through. In addition, we left 2 weeks before our lease ended due to fear of COVID-19, and the fact that we did not feel our apartment was following CDC Guidelines.

Despite this, the... Read more »

Anthony M. Avery
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answered on Jul 23, 2020

Venue will basically be the County and State of the leasehold. If you do not pay what is demanded, then the landlord can sue you in that County, but will have to try to collect any Judgment against you. If there was a security deposit, than that might be something to sue for.

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