Recent Answers to Tennessee Law Questions
Suite landlord trying to take me to court
Landlord Tenant
Lease Termination Letter
Tennessee
Owner stated she offered an “easy out” where only a 30 day notice was required. I submitted a 45 day notice and was never informed it was not approved. I then ended up keeping the suite for one more month and couldn’t financially keep it anymore. I gave back possession after trying to find a lease take over, providing more than a 30 day notice originally, and have proof someone else that rented there only had to provide a 2 week notice to get out of their lease. Is there anything I can do?
Christopher W.
There may be. A lot will depend on what your lease actually says and what you have in writing from the owner about the 30-day “easy out.” If the owner clearly agreed that you could terminate with 30 days’ notice, your 45-day notice and the communications surrounding it could be important. That said, an oral agreement may not be enforceable if it conflicts with the written lease, particularly if the lease requires changes, notice, or waivers to be in writing. You should have a Tennessee attorney review the lease, your termination notice, and all communications with the owner to determine if the alleged damages are correct and legitimate. There may be defenses available depending on the lease language.
A used car dealer (Tennessee) sold me a truck that has issues from day 1. What legal recourse do I have?
Consumer Protection
Contract For Sale And Purchase
Tennessee
Bought in November and had issues with the AC & Heated Seats not working correctly. They have had my truck 52 days (and still working on it) of the 122 days I've owned the truck.
Adam J.
Most used car sales in Tennessee are "as-is," and if your buyer's guide and contract say that, the dealer generally isn't on the hook for repairs as a contractual matter. The first thing to check: does your paperwork show "As-Is - No Warranty" or "Implied Warranties Only" or "Dealer Warranty"? If the dealer misrepresented the truck's condition, knew about pre-existing defects and concealed them, or has been stringing you along in bad faith, the Tennessee Consumer Protection Act allows for treble (triple) damages and attorney's fees. This is often the strongest hammer in used-car disputes
What is a limited partnership agreement?
Corporate
Partnership Agreement
Tennessee
Being asked to sign one and not sure what it is. I'm trying to create a partnership with a few of my colleagues and I'm concerned about the word 'limited'.
Michael S.
We really need to know more about the business and how everyone envisions ownership in order to answer the question. In general (and this is very general - I am a PA lawyer, not Tennessee), a limited partnership is an entity through which a business or property is owned. In a limited partnership, you need to have a general partner (either one more individuals or entities) who essentially manage the entity, and also have liability for all liabilities of the general partnership. The limited partners invest in the entity, but have no liability for the entity's obligations.
Do corporations have operating agreements?
Business
Corporate Bylaws
Tennessee
Our LLC has an operating agreement. We want to convert to a corporation. Will I be able to use the same template?
Jane C.
Corporations have by-laws.
If you're doing a rent to own on a house and the owner dies, can the executor or heirs kick you out of the house, raise the monthly price, or raise the amount of the house or do they have to honor the contract in it's entirety? In Tennessee
Real Estate
Lease To Purchase Option Agreement
Tennessee
I have been renting to own for a few years now. We pay so much a month and have put additional money in the house fixing the house up. We have a certain price that we are paying for the house. The owner died yesterday, and the sister/executor of the will called me this morning saying he died and they were coming to look at the house. Said they were probably going to raise the monthly payment and probably going to raise the price of the house. I'm scared they are either going to kick me out or not let me do rent to own or raise the price. She also said I owed rent for this month which I have already paid!
Rebecca R.
If your rent-to-own contract is in writing then the contract should be binding on the owner's estate, although there may be some practical challenges in enforcing it. If your contract is not in writing you will have several practical proof problems to overcome, and you may have trouble overcoming the executor's challenges to the contract. As a tenant in possession you may have additional rights to recover investments in the house, or maintain your current amount of rent. As with the purchase option, your rights may depend on the language of your written agreement.
Zied kefi partnership
Contracts
Business Partnership Agreement
Tennessee
I wanna open restaurant with my friend and make legal partnership documents
Rebecca R.
You have the right idea to put the partnership in writing. Your attorney will be able to help you think through several issues: investment into the business, operating the business, the potential to add more partners or investors, and an exit strategy for each partner or both partners. The document to start with is a business partnership agreement that outlines the ground rules for your partnership based on the Tennessee law. It can be a very straightforward document, or more complex depending on your needs. For instance, you may also want to create a statement of partnership authority which designates which partners have the authority to enter into agreements on behalf of the partnership, or it may limit the authority of certain partners. This is the kind of business agreement I help small business owners with regularly, and I invite you to request a bid for my services on your project through ContractsCounsel.