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Does the Owner Have a “Landlord’s Lien” on the Tenant’s Property?

The Tennessee Uniform Residential Landlord and Tenant Act creates a lien on the tenant’s household goods, but only in very limited circumstances. The only lien that is permitted is a “contracted lien”, that is, a lien that is agreed upon in a contract. This contract would usually be the rental agreement, but it could be a separate agreement. Importantly, this lien is not enforceable unless it is “perfected” by the filing of a financing statement with the Secretary of State in Nashville. Most landlords do not go to the trouble of creating and enforcing such a lien. The Act expressly prohibits all other liens, including any common law landlord’s lien.

The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual legal problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site.

 

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Last modified: Monday November 21, 2005.