Landlords may feel a combination of frustration, anger, betrayal, or other similar emotions when faced with a tenant that will not pay rent and will not voluntarily leave a leased property. Although the temptation to enter a rented property, change the locks and remove a defaulting tenant’s personal belongings may be strong, “self-help” eviction is not permitted under Tennessee law. In fact, a landlord that undertakes a self-help eviction incurs significant legal risks including tenant claims for damages, attorney’s fees, possession of the disputed property, and injunctive relief. Understanding the difference between the right to “own” property, and the right to “possess” property may lead to a better understanding of why Tennessee courts forbid self-help evictions. Real property ownership carries with it a “bundle of legal rights” that include: The right of possession, The right of control, The right of exclusion, The right of quiet enjoyment, and The right to sel
Posted on: Mon, 24 Nov 2014 23:18:11 +0000