Legal Question in Landlord & Tenant Law in Tennessee

My landlord from 3 years ago is trying to sue me for false damages to a unit that my husband and I lived in. we posted an opinion of her on the BBB about year after we moved out. Everything is her letter is a bogus lie. Can she actually take me to court?


Asked on 7/26/10, 7:14 am

1 Answer from Attorneys

Howard R. Peppel Peppel, Gomes & MacIntosh, P.C.

The landlord has the right to sue you in an attempt to recover for the alleged damages; however, the burden of proof is upon her to show that she complied with the provisions of the Residential Landlord and Tenant Act as well as to prove the actual damages. If she is unsuccessful in either regard, the court will enter a judgment in your favor. Further, if she failed to refund any security deposit that you may have posted you may have a claim against her for that refund. My recommendation is that if you are sued, you retain the services of a local lawyer to pose a defense and possible counterclaim.

In the meantime, I suggest that you obtain a copy of the actual lease that you signed. Most leases have an attorney fee provision that specifies the tenant will pay the attorney fees of the landlord in the event the landlord has to take legal action to enforce the terms of the lease. However, some lease agreements further specify that the "prevailing party" in litigation will have their attorney fees paid by the other side to a case. Thus, your lease may have this type of provision that would then allow for you to proceed against your former landlord to seek a reimbursement of the attorney fees that you would have to pay to pose your defense.

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Answered on 7/26/10, 10:40 am


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