State Supreme Court Clarifies Bond Requirements For Landlord-Tenant Actions

Thursday, December 19, 2013

The Tennessee Supreme Court ruled Thursday that a tenant seeking to appeal a court decision regarding possession of a rental unit is not required to post a bond equal to a year’s rent if that tenant no longer occupies the property.

The case concerns a landlord and tenant arrangement in Nashville. The landlords sought to regain possession of the premises and obtain a judgment for unpaid rent by filing an unlawful detainer warrant in Davidson County General Sessions Court. An unlawful detainer action filed by a landlord seeks to remove a tenant who has failed to abide by the terms of a lease or other agreement giving the tenant possession of the property.

The General Sessions Court granted the landlords’ request for possession and awarded $42,500 in monetary damages for rent and attorney’s fees. The tenants had vacated the property in question the day prior to the court’s decision.

The tenants then appealed the decision to the Circuit Court, posting a $250 cost bond. The landlords sought dismissal of the appeal on the grounds that the tenants were required by law to post bond in an amount equal to one year’s rent. The tenants disagreed, noting they were no longer in possession of the property.

The trial court denied the landlords’ motion to dismiss and the Court of Appeals declined to hear the case. The landlords then appealed to the Supreme Court.

The Supreme Court said today that the plain language of the law does not require a tenant who has surrendered possession of the property to post a bond for one year’s rent when the tenant is appealing an unfavorable judgment in an unlawful detainer action based on the tenant’s failure to pay rent. The bond secures funds to cover rent, costs and damages while the tenant remains in possession of the property during the appeal. If the tenant is not in possession, the law makes the bond unnecessary, said the Court in its Opinion.

To read the unanimous opinion in Edith Johnson et al. v. Mark C. Hopkins et al. authored by Justice Cornelia A. Clark, visit the Opinions section of TNCourts.gov


Tennessee Housing Development Agency Awards Habitat For Humanity With State Funding

Habitat for Humanity of Tennessee, an organization supporting 50 Habitat affiliates serving 62 counties throughout Tennessee, received a $500,000 grant from the Tennessee Housing Development Agency’s Housing Trust Fund toward the construction of 30 homes statewide.   Locally, Habitat for Humanity of Greater Chattanooga Area was  given an allocation of $15,500 ... (click for more)

Chattanooga Collaborative Senior Housing Concept Presented Thursday

The Chattanooga Collaborative Senior Housing concept was presented outlining a model for a shared lifestyle in an urban setting to a group of senior citizens at the Mean Mug Coffeehouse on Thursday.  The group seeks additional seniors (55 and up) to join with them in establishing a model in Chattanooga that encourages community engagement and longer life by design.  “What ... (click for more)

Downtown Chattanooga Apartment Complex That Brought $3 Million Profit Exempt From Most Taxes Until 2022 Under PILOT

A downtown Chattanooga apartment complex that recently was sold at a $3 million profit is exempt from most property taxes through 2022 under a PILOT (payment in lieu of taxes) agreement.   No payment of school taxes was included in the deal for Walnut Commons at Walnut Street and Aquarium Way.   The only taxes due on the property for the next eight ... (click for more)

Cold, Wet Front To Make For Chilly And Damp Trick Or Treating; Snow Showers Possible Saturday

A surge of cold, moist air will make for less-than-ideal trick or treat conditions on Halloween night. Temperatures are expected to dip below freezing this weekend. There is a possibility of snow showers in Chattanooga on Saturday. Here is the latest forecast: Today Showers likely, mainly after 5pm. Mostly cloudy, with a high near 58. Calm wind becoming northwest ... (click for more)

Thanks For Publishing The Stokes Photo Book

I pre-ordered the Stokes Photo Book and picked it up Wednesday . The covers and content are very high quality and contain photos you will not see anywhere else.  This book of photos is worth much more than $35.  I have seen many historic photos of my hometown Chattanooga, but this collection is amazing. My favorites are National Cemetery, Confederate Cemetery near ... (click for more)

Roy Exum: Saban: ‘Ratings Don’t Matter’

When the first College Football Playoff rankings were released earlier this week, Alabama football coach Nick Saban got it right on the button when he shrugged, “I don't even care, to be honest with you." "To me, none of it matters, What does it matter?” he laughed at the Tide’s No. 6 ranking. “I mean, it only matters where you end up at the end. So what matters to us is how ... (click for more)