Landlord Harassment Attorney
Tenant Rights Lawyer Franklin TN
Landlord Harassment against a Tennessee tenant can occur in many different ways. Abuse of access involves the manner, frequency, or purpose of a landlord contacting the tenant or entering the property. Retaliation involves a landlord making threats or taking adverse actions against a tenant for simply wanting to enforce their rights. Unlawful ouster is when a landlord physically removes a tenant, the tenant's possession, or "lays siege" to the tenant by locking them out or cutting off the utilities.
Ideally, a tenant will have the harassing communications in writing (text/emails). This is why we always recommend you communicate with your landlord in writing. Most tenants who call our office have situations that are not black and white and we provide clients our recommendation on how best to successfully resolve instances similar to theirs. Whether boundaries need to be set or the lease simply needs to be terminated, we are happy to help tenants navigate this difficult issue.
Tenant Right To Quiet Enjoyment
When a tenant enters into a lease agreement with a landlord, the landlord is promising to relinquish possession and control so that the Tenant may enjoy the property. Our firm often encounters landlord’s who do not want to let go of possession. While they do own the Property, the landlord has entered into a contract surrendering their possession to the Tenant’s superior leasehold interest. The landlord may inspect the Property from time to time and make sure the tenant maintains it, but there are rules in place to strike a balance of what is reasonable.
Can My Landlord Enter The Property
The short answer is yes. Your landlord is required to obtain consent and a tenant cannot unreasonably withhold consent. Landlords often have provisions in their lease deeming twenty-four hours notice agreeable which they will argue is your "consent." Be cautious of these provisions. Whether or not those are enforceable is another issue.
Can I Refuse Access To The Landlord
If it is reasonable to do so, then yes. For instance if you cannot be present during their access you may be able to ask to reschedule. Granted if there is an emergency there is no need for notice. Landlords and tenants are expected to reasonably work together. Is the landlord's request, frequency, and purpose reasonable? Is the tenant's rejection reasonable? Is the tenant's alternate proposed date or solution reasonable?
Can I Contract Away My Right To Refuse Access?
This is an interesting issue because the landlord will say the tenant has consented by contract. However, T.C.A. § 66-28-203 prevents tenants from contracting away their rights under the Tennessee Landlord-Tenant Act. There is a provision during the end of the lease the landlord can show the property to prospective tenants under particular conditions and if the landlord has set forth certain requirements in the lease.
When Does A Landlord Abuse Access?
Landlords who abuse access often do so by either providing no notice (just showing up or calling 15 minutes out) or by the frequency of their requested access. A common issue arises when a landlord wishes to remodel (not repair) the property during the tenant's possession. Tenants are sometimes told they have to deal with weeks or months of disturbances and access from their landlord due to remodeling or home improvements. While every circumstance is unique, most landlords handle this improperly without notice, compensation, or any care to the tenant's rights.
Do Landlords Retaliate By Abusing Access?
Abuse of access is a common form of tenant harassment. Communications, depending on its frequency and content, may also rise to the level of harassment. If you are in fear for your safety and it is an emergency, contact the police. You should then speak with our office about obtaining an order of protection and suing your landlord to terminate the agreement and obtain damages and attorney fees.
Some landlords want your rent check without having to make the expense to maintain or repair the property. There are landlords who will evict tenants for requesting repairs, reasonably refusing access, or in any other manner enforcing their rights under the contract or Tennessee Uniform Residential Landlord Tenant Act. This situation is commonly (and unofficially) referred to as a constructive eviction. Clients retain us to file a counter-suit against landlords in these situations.
What Is An Unlawful Ouster?
Unlawful Ouster is when the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting essential services. In other words, if the landlord changes your locks to keep you out or cuts off your utilities while you are in possession to force you out. These are extreme scenarios where a landlord can be punished with what is called "punitive damages." These situations are quite rare but do occur and the landlord faces extreme problems in court.
Do I Need A Consultation?
If you are visiting this website, then you are trying to learn more about eviction generally. The problem is each case is unique and your time is valuable. We offer initial consultations at a discounted rate where we briefly review your documents, listen to your story, and tell you our general opinion on what your options may be and our recommendation for navigating the path ahead.
An initial consultation is a low cost option to help you make an informed decision moving forward. Feel free to schedule an initial consultation today.
Can I Represent Myself In An Eviction?
You can always represent yourself, individually. This does not mean you can show up to court and represent your spouse who would likely have a default judgment entered against him or her. If the amount in controversy is under a thousand dollars and you have no defense, then it may make sense to represent yourself.
However, you may want to schedule a consultation with our office to learn our general opinion regarding your case and what your options may be. Specifically, an eviction can hurt your credit score. There may be a way to negotiate an early termination of the lease and a settlement agreement without having a judgment entered against you.
Do I Need An Attorney For Eviction?
If you are going to challenge your case or even bring a counter lawsuit against your landlord, it is recommended you hire an attorney. People sometimes wish to represent themselves either out of pride or confidence. They think that "right is right" and "wrong is wrong" and that "of course the judge will see I'm right." The first reason you hire an attorney is to remove personal bias and provide objective analysis of your facts. Second, even if you have fantastic facts you are not a lawyer trained in the rules of evidence and civil procedure. That great testimony from a friend or document from a third party may be great for your case but if it isn't allowed into evidence because you didn't know the proper procedure and rules it could ruin your case.
This firm loves to help tenants in need. We also view our services in a cost benefit analysis and want to make sure you are fully informed on whether we believe our services are likely needed in your particular circumstance.
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Sam Cross is a Franklin Tennessee Real Estate Attorney who focuses his practice on enforcing the rights of tenants, homeowners, contractors, and consumers. If you'd like to learn more, you can schedule an initial consultation by clicking the schedule button below.