Practice Areas
Real Estate & Landlord-Tenant
Bery Law advises and represents clients in real estate and landlord-tenant matters, from possession and lease disputes to property damage, construction issues, HOA conflicts, and other disagreements involving real property.
Disputes involving real property can become disruptive and expensive quickly. Whether the issue concerns possession of a property, a lease, damage to a home or business, construction work, or competing rights to use or control property, early legal guidance can help clarify the available options and avoid unnecessary complications.
Bery Law represents clients in a variety of real estate and landlord-tenant matters, providing practical advice and strategic representation from the earliest stages of a dispute through litigation when necessary.
Landlord-Tenant Disputes
Landlord-tenant issues can arise in both residential and commercial settings and may involve much more than unpaid rent. Questions about possession, lease obligations, property condition, damages, notice requirements, and the parties’ respective responsibilities can quickly lead to conflict.
Bery Law represents landlords and tenants in matters involving:
- Residential and commercial lease disputes
- Nonpayment and other alleged lease violations
- Property condition and repair disputes
- Security deposit disputes
- Damage to leased property
- Lease termination
- Enforcement and interpretation of lease provisions
Possession & Detainer Actions
When the primary issue is who has the right to remain in possession of a property, timing and procedure matter.
We assist clients with possession and detainer matters involving:
- Holdover occupants
- Tenants remaining after termination of a tenancy
- Occupants without a written lease
- Disputes involving family members, former partners, or other individuals residing on property with permission
- Pre-suit notices and demands for possession
- Detainer proceedings and related litigation
These matters are often fact-specific, particularly where the parties never entered into a formal written lease or where the nature of the occupancy has changed over time. We help clients evaluate their rights and determine the appropriate path forward.
HOA & Condominium Disputes
Homeowners’ association and condominium disputes can affect how an owner uses their property, the expenses they are required to pay, and the obligations of the association itself.
Bery Law represents clients in disputes involving:
- HOA and condominium assessments
- Fines and enforcement actions
- Liens
- Maintenance and repair responsibilities
- Common areas
- Property damage
- Interpretation and enforcement of governing documents
- Disputes regarding an association’s obligations to owners
Construction & Property Defect Disputes
Construction problems can involve significant expense and complicated questions about what went wrong, who is responsible, and what it will cost to correct the problem.
We represent property owners and other parties in disputes involving:
- Defective or incomplete construction
- Water intrusion and drainage problems
- Repair and remediation disputes
- Contractor performance
- Damage resulting from construction or repair work
- Disagreements regarding the scope or quality of completed work
- Contract-related construction claims
These cases may involve contracts, photographs, repair estimates, inspections, expert opinions, and other technical evidence. Developing a clear factual record early can be particularly important.
Ownership, Use, & Property Rights
Real estate disputes do not always arise from a lease or construction project. Conflicts may also develop over who owns property, how it may be used, or what rights one person has with respect to another person’s land.
Depending on the circumstances, we may assist with matters involving:
- Ownership and possession disputes
- Easements and rights of access
- Boundary disputes
- Use of real property
- Agreements affecting property rights
Our Approach to Real Estate Disputes
Real estate cases often involve both legal rights and practical considerations. The cost of litigation, the value or use of the property, the relationship between the parties, and the urgency of the problem may all affect the best path forward.
We begin by identifying the client’s immediate objective—whether that means recovering possession, enforcing an agreement, obtaining repairs, recovering financial losses, or resolving a dispute before it escalates. From there, we evaluate the available options and develop a strategy suited to the circumstances of the matter.
Questions
Questions about real estate and landlord-tenant
How quickly can a landlord remove a tenant in Tennessee?
A landlord cannot remove a tenant without a court order. The process generally requires any applicable notice, followed by a detainer action and a hearing. Changing the locks, removing belongings, or shutting off utilities to force someone out is not lawful, regardless of how far behind the rent is.
What if there was never a written lease?
Occupancy without a written lease is common, particularly between family members, former partners, or long-term guests. These matters are fact-specific: what matters is the nature of the arrangement, whether rent was paid, and what notice has been given. A written lease is helpful evidence, not a prerequisite to bringing or defending a case.
Who is responsible for repairs?
That depends on the lease, the condition at issue, and whether the property is residential or commercial. Tennessee's Uniform Residential Landlord and Tenant Act applies in the more populous counties, including Davidson, and sets out obligations for both parties. Documenting the condition and the requests made is usually the most important early step.
Can I recover the cost of damage to my property?
Often, yes, whether the claim arises from a tenant, a contractor, a neighbouring property, or construction work. The evidence that matters is typically photographs, repair estimates, inspection reports, and the agreement between the parties. Gathering that early is more effective than reconstructing it months later.
What can an HOA actually enforce?
An association's authority comes from its governing documents and Tennessee law. Assessments, fines, liens, architectural restrictions, and maintenance obligations are all governed by those documents, which also usually set out the procedure the association has to follow. Whether an association has followed its own rules is frequently the central question.
Talk with us about your real estate or landlord-tenant matter
Contact Bery Law to discuss your situation and learn more about how we may be able to help.