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How does the landlord have to allow the tenant to remain…

Customer Question
How long does the...

How long does the landlord have to allow the tenant to remain after a writ of possession has been served in Jefferson County TN

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Jefferson County TN

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

None. The tenant was legally evicted by court 11 days ago and writ was obtained today

Submitted: 4 months ago.Category: Landlord-Tenant
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3/16/2018
Lawyer: KLAW, Other replied 4 months ago
KLAW
KLAW, Other
Category: Landlord-Tenant
Satisfied Customers: 2,355
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Customer reply replied 4 months ago
Ok again after a Writ of Possession is served in Jefferson county Tennessee how long do I as landlord have to allow tenant to remain on property?
Lawyer: KLAW, Other replied 4 months ago

I will answer online for you today.

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Lawyer: KLAW, Other replied 4 months ago

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

A little background on the law. Tennessee eviction law varies by county. Only some of the state’s counties, however, are covered by the Uniform Residential Landlord and Tenant Act (URLTA), which has different notice requirements and other items relating to the landlord-tenant relationship. (For the 10 counties covered by the URLTA, a landlord must give a 30-Day eviction notice to a tenant who either has not paid the rent or who has violated some other provision in the lease.)

The 10 counties in which landlords must adhere to the URLTA are Anderson, Blount, Bradley, Davidson, Hamilton, Madison, Montgomery, Shelby, Sumner and Knox. Jefferson County is not one of them.

In order to proceed, you must obtain a writ of possession in Tennessee is an order issued by a Tennessee court that permits an owner to recover personal property. A writ of possession is most commonly used to evict and remove tenants from rented property. Writs of possession for real property during landlord-tenant disputes are issued after you as the landlord is granted a judgment against the tenant.

After you obtain the Writ, you must wait 10 days in Tennessee before attempting to execute the writ of possession on the tenant [T.C.A. § 29-18-126]. This gives the tenant time to respond to the writ. Either party can appeal the writ of possession during the 10-day waiting period. The party that files the appeal must post a plaintiff's bond.

After 10 days, you can then execute the writ of possession and evict the tenant. Many landlords give the sheriff the writ and have the sheriff remove the tenant from the property.

I hope this helps.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. We as attorneys are not employees of Just Answer and are not paid unless you rate the question. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

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Lawyer: KLAW, Other replied 4 months ago
If you have any additional questions please just ask
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