COVID-19 Tennessee Q&A by Practice Area

  • Admiralty / Maritime
  • Adoption
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  • Animal / Dog Law
  • Antitrust
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  • Banking
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  • Cannabis & Marijuana Law
  • Car Accidents
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  • Construction Law
  • Domestic Violence
  • Education Law
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  • Employment Discrimination
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  • Entertainment / Sports
  • Environmental
  • Federal Crimes
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  • Gov & Administrative Law
  • Government Contracts
  • Health Care Law
  • Identity Theft
  • Insurance Bad Faith
  • Insurance Defense
  • Intellectual Property
  • International Law
  • Internet Law
  • 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 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
Anthony M. Avery 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
Anthony M. Avery 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
Anthony M. Avery 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
Anthony M. Avery 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
Anthony M. Avery 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
Anthony M. Avery 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
Anthony M. Avery 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.

2 Answers | Asked in Immigration Law for Tennessee on
Q: Can my wife travel to US with visitor visa in this current situation?

I am a US citizen trying to bring my wife to US. She has visitor visa. I was wondering if there would be any complication bringing her here. I haven't filled out any immigration application for to get her the green card. I don't know if the US custom boarder would stop her from entering... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jul 23, 2020

A visitor visa is for the purpose of visitation not to come here permanently. If CPB finds out she is married to you, a US citizen, they may deny her entry because of concealed intent. She has to tell the truth as to what the purpose of her trip is. If she intends to reside permanently here then... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My dad lived in Tennessee and recently passed away. We couldn't locate a will.

He was found deceased in his home after being dead over a week, along with water damage turning into mold and fear of his passing being from Covid. His brother and I could not locate a will in his apartment. We did visit his bank to notify them of his passing. The only information we got in return... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 21, 2020

What is the probable size of the Estate? What kind of properties? Did he have alot of creditors? These are questions for a competent attorney, not for what you think is the correct thing to do. You might need to file Probate, and you might not. Do not initiate Probate unless you think you... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Got a ticket for speeding .The court date said 5/29/20. But courts were closed for Covid so I didn’t appear. What now?

I have tried calling the number on the ticket but no answer and there is no amount to pay on the ticket or way to pay on their website, it just says call

Anthony M. Avery
Anthony M. Avery answered on Jul 7, 2020

Start calling Court Clerks starting with the General Sessions Court of the County you were stopped in. Then you might try City Courts where the stop occurred. If the Ticket is not paid, you could go to jail and/or lose your TN DL. You may have to call the Circuit Court Clerk of that County.... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: Fired During COVID?

I’m in TN, things are opening here but unfortunately for me, daycares are not. For the time being, we are working from home and I also have a 2 and 4 y/o here w/ me so it makes it hard for me to work, it’s actually brung my performance measures down because I have to deal w/ them so much. I... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 3, 2020

You may be entitled to protection under the Emergency Family and Medical Leave Expansion Act. Under this provision - with some exceptions - employers with less than 500 employees are required to provide job-protected leave for employees who are unable to work or unable to do their work from home... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can my boyfriend of 6 years kick me out of house in Tennessee during Coronavirus?

And if so, how long can I drag it out before I have to leave? He cheated on me but owns the house. Also I have no family here and lost my job recently so he's been supporting me financially also

Anthony M. Avery
Anthony M. Avery answered on Jun 2, 2020

He has to file a Detainer Warrant. It must be served or posted on you. After you go to Court, you must be out within 10 days or he will get the Sheriff to physically remove you.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: Does TN require that chapter 13 payments also be made from the $600 federal stimulus money received during unemployment?
Oliver L Cisowski
Oliver L Cisowski answered on May 17, 2020

No, this money is explicitly excluded from the definition of income in the CARES Act. This means it does not need to be paid into your plan.

However, if you have recently become unemployed due to the coronavirus and are not making payments into your Chapter 13 plan, you may want to speak...
Read more »

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1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: What options do I have in getting a legal joint custody order put in place, and if any, how do I begin proceedings?

I do pay child support. I have been an integral part of the child's life since birth.(9/23/2011) the only reason it's not now,is covid-19. The mother let our daughter go to "a trusted friends house", so she could have someone to play with while all of this is going on despite... Read more »

Paul E. Tennison
Paul E. Tennison answered on Apr 29, 2020

You should consult with a local family law attorney. From the facts, as you describe them, it seems as if there is no parenting plan that has ever been established by a court order. If this is the case, you will likely need to file a Petition to Establish Parentage in the county juvenile court... Read more »

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