Landlord and Tenant Law
Landlord-tenant law deals with the rules and law applicable to the rental of residential and commercial real estate. Typically, the rules are governed by the parties' agreement or contract, usually referred to as a lease. The lease however, still has to be in compliance with state, federal and, oftentimes, municipal law. When the lease does not provide for a situation relating to rights and responsibilities of the parties to a lease, statutory and common law (case precedent) fill in the gaps. landlord and tenant general practice attorney Knoxville
Specific Landlord-Tenant Issues
Lease Drafting and Review
Rights and Responsibilities
Rights and Responsibilities
Whether you are a landlord or a tenant, your lease must be in compliance with state, federal and municipal law.
In Tennessee, certain terms and conditions may be contained in a lease agreement, while others cannot, including the waiver of certain rights and remedies and certain limitations of liability on the part of the landlord.
In addition to those terms and conditions that may be contained in a residential lease agreement, there are also certain terms and conditions that must be contained in the contract.
Landlords are required to disclose a variety of information relating to security deposits, the owner or manager of the property, as well as those that are authorized to receive notices, demands and service of process.
Are you a tenant who has or is going to enter into a lease? Or are you a landlord or potential landlord considering renting a property? Is your lease in compliance with these requirements? What are your rights and remedies? Call now to schedule a free initial consultation to discuss issues that may exist with your lease. landlord and tenant general practice attorney Knoxville
Rights and Responsibilities
Rights and Responsibilities
Rights and Responsibilities
If you are a tenant or a landlord, issues arise, which may or may not be covered by your lease.
If the lease is silent on a particular issue, what is the law that governs that issue?
Issues often arise due to either late payments or non-payments of rent, property damage issues both during the lease and those discovered at the end of the lease, retention, use of, and return of security deposits, utility issues, habitable and non-habitable property, noise issues, maintenance of the premises, and abandonment of the property.
If you have a question or issue that has arisen with regard to your lease, whether you are a tenant or a landlord, knowing your rights and responsibilities is essential to evaluating the issue.
Call now to schedule a free initial consultation to discuss your rights and responsibilities under your lease. landlord and tenant general practice attorney Knoxville
Detainers and Evictions
Rights and Responsibilities
Detainers and Evictions
If you are a tenant who has been served with a detainer warrant (eviction notice) or a landlord seeking to evict a tenant, Tennessee law has certain requirements.
In general, unlawful detainer occurs when a tenant enters by contract and then, willfully and without force, holds over possession from the landlord. Such situations usually arise from the failure to pay rent when due, but may arise as a result of the tenant being in violation of some other provision of a lease.
Such actions are governed by Tennessee law, which is designed to prevent bloodshed, violence and breaches of the peace when such situations arise between landlords and tenants.
An unlawful detainer action first resolves the issue of whom is rightfully entitled to possession and is tried in General Sessions Court by a judge without a jury. If the Judge determines that the landlord is entitled to possession, then the Judge is authorized and required to determine any arrearage of rent, interest and damages, if any, and render judgment therefor. A judgment awarding a landlord possession is stayed for 10 days.
If you have questions about evictions, call now to talk to an attorney. landlord and tenant general practice attorney Knoxville