Real Estate Law Services
Real estate is one of the biggest investments of your life, and we understand the stress and uncertainty that often accompany it. With over 25 years of experience in the local real estate realm, we are here to guide you through your most complex challenges.
How We Provide Support:
- Landlord-Tenant Issues
- Evictions
- Lease Agreements
- Boundary Line Disputes
- Contracts & Negotiations
- Promissory Notes
- Deeds of Trust
- Homeowner's Association Disputes
- Quiet Title Suits
- Clouds on Title
- Business Sales
- Foreclosures
- Litigation
- Buying or Selling a Property
From leases to litigation, no one knows real estate law like we do. Let us be your trusted real estate lawyer, guiding you step-by-step toward the solution that's right for you.
Are you in need of expert witness services for your real estate court case? With over 25 years of experience in real estate investing, title work, lending, commercial development, construction, and a wide range of real estate legal issues, we can provide the expert opinion you need for your case. Reach out to discuss how we can help.
Real Estate Law FAQ's
What is a cloud on title?
A cloud on title refers to any claim, lien, or encumbrance that affects the clear ownership of a property, making it difficult for the owner to sell or transfer it without addressing the issue. Common causes include unpaid taxes, outstanding mortgages, or unresolved legal disputes over ownership. This ambiguity can create legal complications and may require a title search or legal action to resolve. Clearing a cloud on title often involves negotiating with creditors or filing a quiet title action in court to establish clear ownership.
We found a cloud on my property's title. What next?
If there's a cloud on your property title, the first step is to identify the specific issue causing it, such as liens, disputes, or errors in public records. After determining the source, you may need to negotiate with relevant parties or take legal action, such as filing a quiet title action to resolve ownership disputes. Consulting with our real estate attorney is crucial to navigate the complexities of clearing the title effectively. Additionally, consider obtaining title insurance to protect against future claims related to the title.
What is a quiet title suit?
A quiet title suit or action is a legal proceeding used to establish clear ownership of a property when there are disputes or uncertainties regarding the title. This action aims to remove any claims or clouds on the title, ensuring that the property owner has a definitive title without conflicting interests. Typically, the property owner initiates the suit against any parties who may have a claim, and once resolved, it can lead to a court order declaring the title free and clear. Quiet title actions are particularly useful in cases of inherited property, boundary disputes, or when previous owners had unresolved issues affecting the title, as in properties purchased at a tax sale.
How do I resolve a boundary dispute with my neighbor?
To resolve a boundary dispute, start by reviewing property deeds and surveys to clarify property lines. Open communication with your neighbor can often lead to a resolution. If a mutual agreement cannot be reached, you may need to seek mediation or legal assistance to enforce your rights.
What are the legal requirements of renting a property?
The legal requirements for renting a property include a written lease agreement, disclosures about the property's condition, and adherence to local housing laws. Landlords must ensure the property meets health and safety codes. Tenants should also be aware of their rights regarding security deposits and eviction processes.
How long does it take to evict a tenant once they stop paying rent?
The time it takes to evict a tenant in Tennessee who has stopped paying rent can range from several weeks to a couple of months, depending on various factors. Initially, landlords must provide a 14-day notice to pay rent or vacate the property. If the tenant does not comply, the landlord can file for eviction, which typically leads to a court hearing within two to four weeks after filing. If the court rules in favor of the landlord, the actual eviction process may take an additional week or two, depending on scheduling and the sheriff's availability for enforcement.
Can I change the locks on the doors if my tenant stops paying rent?
No, as a landlord in Tennessee, you cannot change the locks on a tenant's doors without following the proper legal procedures. Doing so is considered self-help eviction, which is illegal and could result in legal consequences, including potential liability for damages. Instead, landlords must go through the formal eviction process, starting with providing the required notice to pay rent or vacate. As soon as they stop paying rent, it is extremely important to seek the advice of a licensed real estate attorney before taking any kind of action.
Can I turn off the utilities if they are in my name when my tenant stops paying rent?
No, as a landlord in Tennessee, you cannot turn off the utilities, even if they are in your name, when a tenant stops paying rent. This is illegal and could lead to legal repercussions. Landlords must follow the proper eviction process and cannot take actions that may endanger a tenant's health or safety. As soon as a tenant stops paying rent, it is extremely important to seek legal counsel to learn your rights as a landlord and the best course of action for your situation.
Can I enter the rental property if my tenant refuses access?
In Tennessee, landlords cannot enter a rental property without the tenant's permission, even if they refuse access. Landlords are required to provide notice and have a valid reason for entering the property, such as repairs or inspections. If a tenant is uncooperative, the landlord must follow legal procedures to resolve the issue, which may include seeking a court order if necessary. Entering the property without consent or proper notice could expose the landlord to legal consequences. It is of vital importance to seek the counsel of a licensed real estate attorney as soon as the tenant stops paying rent.
What should I include in a lease agreement?
A lease agreement should include the names of the parties involved, the rental property address, the lease term, the rent amount, payment due dates, and security deposit details. It should also outline responsibilities for repairs, maintenance, and the rules regarding pets or alterations to the property. It's essential to clarify the process for terminating the lease and handling disputes.
What Our Clients Say About Us
I was severely stressed regarding my house situation to the point wherein I could lose it had I not gotten a legal support. Attorney Kennedy was God-sent to get my house back in due time. That was a great relief. I did not know him, but a friend knows him and recommended him to me. He was also recommended by the Court House as the “best in town.” I knew he was so busy with many legal cases worse than mine, but he spared some of his precious time to defend me to get my house back. Thank you so much, Attorney Kennedy. --Rupelin P.
Darren assisted us with an eviction and despite us having a TERRIBLE lease, he was very helpful. He navigated the legal waters impressively and won me over. --Allan S.
