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What are Landlord rights when a Tenant breaks a lease?


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#1 beachgirl_0728

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Posted 28 December 2012 - 05:12 PM

I would like to know what a Landlord's rights are when a Tenant breaks a lease in Tennessee. Tenant is "noisy" and the neighbors complain all the time. When asked about the "noise", tenant says they don't make any noise. The tenant three doors down disagrees. How can I prove it isn't coming from my tenant?

#2 adjusterjack

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Posted 29 December 2012 - 08:21 AM

I would like to know what a Landlord's rights are when a Tenant breaks a lease in Tennessee. Tenant is "noisy" and the neighbors complain all the time. When asked about the "noise", tenant says they don't make any noise. The tenant three doors down disagrees. How can I prove it isn't coming from my tenant?


Landlords have lots of rights. Many of them have to do with what's written in the lease contract. Many are addressed by the TN landlord tenant statute which you should read and keep as your bible if you haven't already done so.

http://law.justia.co...-66/chapter-28/

http://law.justia.co...ter-7/66-7-109/

http://law.justia.co...-29/chapter-18/

As for your current situation, I suggest you pin down the complaining tenant and get a signed written statement as to times and dates of noise and a description of the noise and then try to verify the complaint by being there when it happens. Having the complaining tenant make a recording of the activity might help.

What might be happening is that the two tenants are having a spitting contest or one is overly sensitive to normal noise or the other tenant really is noisy and won't admit it.

In any case, you're in the middle and have to make a diligent effort to investigate for your own self preservation.

It's possible that the complaining tenant might back off when faced with having to put the complaint in writing and sign it.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 pg1067

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Posted 29 December 2012 - 11:15 AM

I would like to know what a Landlord's rights are when a Tenant breaks a lease in Tennessee.


I don't see the point of this inquiry given the particular issue raised in your post.


Tenant is "noisy" and the neighbors complain all the time. When asked about the "noise", tenant says they don't make any noise. The tenant three doors down disagrees. How can I prove it isn't coming from my tenant?


What makes you think you have to prove anything? You said that your "[t]enant is 'noisy,'" which suggests that you have first-hand knowledge of the noisiness, but the rest of your post suggests you're simply dealing with a situation in which one tenant is making an allegation and the other tenant denies that allegation. It's also not clear what "noisy" means. Everyone makes some noise. Only when the noise is exessive, continuous, or inappropriate for a particular time of day does it become an issue. You can evict a tenant for excessive noise, but you ought to have more than another tenant's allegation.

I'm not sure if I answered your question. If not, feel free to follow up.

#4 Guest_FindLaw_Amir_*

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Posted 31 December 2012 - 08:34 AM

You may wish to visit the Real Estate Law Center: Landlord-Tenant Law and read Landlord Rights as a good resource to learn more about this subject matter. For further clarification on landlord rights, you may consult with a local Tennessee Landlord-Tenant Lawyer.




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