Tennessee Eviction Attorney
Tenant Rights Lawyer Franklin TN
A Tennessee Eviction can significantly impact you, your credit score, and your ability to rent in the future. None of our clients expect to live somewhere for free. Our Clients are evicted either due to no fault of their own, retaliation, or have withheld rent (right or wrong) due to alleged breaches by the landlord. Other Clients simply want to facilitate the move-out process without damaging their credit report. Most important, we defend against landlord's abusive claims for damages.
Our Franklin TN Landlord-Tenant law firm exclusively represents Tenants. We aim to help Tenants successfully fight back against the underhanded tactics some landlords use. We firmly believe the best defense is a good offense. We evaluate every case and aim to flip it back on the Landlord. Our firm negotiates and litigates Tenants Rights in Williamson County Tennessee.
My Landlord Is Evicting Me...
A Landlord cannot be prevented from filing a detainer warrant to evict a tenant. Regardless of whether the Landlord is right or wrong, you may be forced to defend yourself in court. Many of the phone calls to this office begin with "I'm being evicted." It is first important to discern whether your Landlord has threatened eviction or actually filed a detainer warrant and you have been served.
We offer initial consultations at a discounted rate to help tenants make an informed decision on what their options are which may include sending a written demand/response back to the Landlord, hiring our services as counsel, or filing a counter-suit against the Landlord. In our consultations we aim to find any possible counter-suits against your Landlord to defeat their claims or offset their alleged damages. Many landlords view an eviction as a "no loss scenario" because if they lose the tenant is still back in the rental unit paying rent. We aim to make sure landlords are held accountable for their actions (or inactions) and force them to have a stake in the potential loss of their case.
Terminate Lease WITH Cause
A Landlord may evict a tenant if the tenant violates (1) the contract; or (2) Tennessee law. The most common basis for eviction is due to a tenant’s failure to pay rent. When a tenant fails to pay rent timely or at all, they are likely in breach of their obligations under the rental agreement.
Terminate Lease WITHOUT Cause
Yes, if you are on a month-to-month. Not every lease is on a one year term. Month-to-month agreements usually exist either as (1) written agreements; or (2) a holdover tenancy. Tenants create holdover tenancies when they continue possession after the last date of the term in the written agreement and the Parties fail to execute a new written rental agreement or modification.
30 Day Notice Myth
There is a common misconception of a “30-day notice.” T.C.A. § 66-28-512(b) governs the termination of a month-to-month rental agreement or holdover tenancy “The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the periodic rental date specified in the notice.” If a tenant gave notice on July 3, the termination date is not, by default, August 3. The tenant would be responsible for rent for July and August. This does not mean the parties cannot mutually agree (in writing) to a specific date.
Notices Must Be In Writing
All notices must be in writing. Some provide for an opportunity to cure and others do not. The Tennessee Uniform Residential Landlord Tenant Act provides certain statutory notice requirements including common 14 day notices of noncompliance by the landlord or tenant. There are other notices such as 3 days for violent acts, threats to health and safety of life of other tenants. Most importantly, a landlord may not be required to provide a 14 day notice if there is a waiver in the Rental Agreement in bold and sufficient font size print.
Mutual Inspections Are A Must
Every tenant should demand, in writing, a mutual inspection and propose a date and time and attend. Even if you do not have a defense to losing possession, you certainly do not want your landlord to feel free to charge you whatever they wish as damages.The landlord and the tenant should both be present for the inspection. The landlord should, in writing, provide the Tenant with a list of all damages and their estimated value. The tenant should then mark items they dispute as disputed on the form. The tenant should receive a copy of the document.
Retaliation
Our office often receives calls from tenants who are being retaliated against by their landlords. Retaliation is prohibited under the Uniform Residential Landlord Tenant Act. We encounter tenants who are retaliated against because they either requested certain repairs or they asked their landlord to not abuse their access to the property by first getting the tenant's permission. If you have been retaliated against, please schedule a consultation with our office.
How Does Eviction Work In Tennessee?
Tennessee requires evictions be handled in court. Tennessee does not permit self-help evictions and requires a detainer warrant in the county the property is situated in.
An eviction begins with the landlord filing a detainer warrant at the county courthouse. There are two parts to the eviction process. First, the Landlord will ask the Court for possession. Sometimes this is all the Landlord seeks. Second, a landlord can reserve damages at the first hearing for possession. This is where the Landlord seeks unpaid rent, damages, attorney fees, and costs. Often, but not always, this is held on a later court date to give the Landlord the opportunity to go in and inspect the property to add up alleged damages.
How Long Does An Eviction Take?
It may average between 24 to 38 days. If the landlord does not have a waiver of notice for non-payment of rent, then they may have to provide a fourteen (14) day notice with an opportunity to cure. The Court Clerk usually sets the court date two more weeks after filing to allow time for the tenant(s) to be served the documents by the sheriff. If the court grants possession back to the landlord at the court date, the tenant(s) may be forcibly and physically removed after ten days.
Can I Sue My Landlord?
If you merely failed to pay rent, then you most likely don’t have a defense or counter-suit. You can’t live somewhere for free or be untimely with your payments. Counter-suits are brought for he landlord also failing to honor the agreement and Tennessee law. Some common examples are landlords who retaliate against tenants for requesting repairs, do not permit Landlord’s abusive access, or the landlord simply wants new tenants at a higher rate.
What If I Have No Defense?
The short answer is you should participate in your eviction. Landlords and landlord attorneys may provide you false assurances they will take care of everything. You may not have a defense to possession, but you certainly want to challenge any wrongfully alleged damages or charges.
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.