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


Real Estate Transfers For June 8-14

NOTICE: The Hamilton County Register’s Office did not publish this data. All information in the Register’s Office is public information as set out in T.C.A. 10-7-503. For questions regarding this report, please call Chattanoogan.com at 423 266-2325. GI numbers, listed when street addresses are not available, refer to the location of transactions (book number and page number) ... (click for more)

Historic Wren's House At Monteagle Offered In Online Auction

The historic "Wren's Nest" at Monteagle is being offered for sale in an online auction. Auction agent Brad Muse said the home has eight bedrooms and four baths and comes fully furnished. It has a one-acre bluff view lot. He said, "It's a magnificent place to call home or escape to the mountains with family and friends or experience history with million dollar views. "Enjoy ... (click for more)

Smith Denies He Told Young To Shoot Holsey In North Chattanooga Drug Deal That Cost A Life; Asks Jury To Spare Him Life Sentence

Briston "B.J." Smith told a Criminal Court jury on Friday afternoon that he never ordered Adram "A.B." Young to shot Charles "Chas" Holsey in a North Chattanooga drug deal that cost a life. Smith, who was 18 at the time and is now 20, asked the jury not to put him behind bars for life. The state is seeking a life sentence (51 years) on a first-degree felony murder charge. ... (click for more)

12 "Johns" Arrested In Multi-Agency Prostitution Sting Operation In East Ridge, Including Doctor, Teacher

A joint operation was conducted on Wednesday by the East Ridge Police Department in cooperation with the Hamilton County Sheriff’s Department, Chattanooga Police Department, and the Tennessee Bureau of Investigation to combat human trafficking and prostitution complaints within the city of East Ridge. The operation was conducted over a two-day period when online advertisements ... (click for more)

Tom Edd Wilson Was A Great Visionary

We want to add to the many heart-felt messages that have been expressed regarding the recent passing of Tom Edd Wilson, a truly great visionary.    While he made his mark on many local organizations, Tom Edd will always hold a special place in the hearts of those who worked closely with him at Erlanger.   We benefited greatly from his steady guidance, leadership ... (click for more)

Roy Exum: Luther’s B-17 Showed Up

I am a huge sap for our veterans and just the other days a reader shared the ultimate story about a guy who returned to his sweetheart at the end of World War II. The little town of Miller. Missouri, is located in the southwest corner of the state and the biggest thing to ever happen in Lawrence County is when a native son, James Lawrence, hollered “Don’t Give Up The Ship” in the ... (click for more)