[TN] [TN] Can I place a lien on my tenant’s personal property if they don’t pay rent?
I served my Tenant with a 14-day Demand for Rent or Quit Notice (I'm not sure that's the "Official" Title) on Monday. His date to pay is 5/19/2025. His lease expired 4/15/2025, and we attempted to allow him to catch up on his rent with a 45-day lease that he refused to abide by and did not sign.
There is a section in the original lease pertaining to Liens, stating that the Tenant gives the Landlord a lien for the Tenant's "personal property located on the premises." Since the original lease expired in April, is that something we are still able to enforce if he does not pay the past-due rent by 5/19/2025, as stated on the 14-day notice I gave him last Monday?
Or, is there anything we can do with his property that he has inside and outside the premises if he doesn't pay? Can we prevent him from removing any of the equipment and/or tools that he brought with him in lieu of payment?
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No problem! Thanks for your question — I know how frustrating and delicate this kind of situation can be. Here’s a short and clear explanation for you:
Since your tenant’s lease expired on April 15, 2025, and he did not sign the 45-day extension, he’s now likely a holdover tenant or tenant at will under Tennessee law — still occupying the property without a new written agreement. The lien clause from the original lease might still be enforceable in theory, but only if your lease explicitly allows for it to survive beyond the lease term. Even then, enforcing a landlord’s lien in Tennessee is tricky. (TN Code § 66-28-509)
Tennessee does not automatically give landlords the right to seize a tenant’s property for unpaid rent, even if the lease mentions a lien. You cannot legally stop the tenant from removing their personal property unless you have a court order, such as a writ of possession after a proper eviction process. If you try to hold or sell their property without that, you could face legal consequences for wrongful seizure or conversion.
If he doesn’t pay by 5/19/2025, your next step is to file for eviction in General Sessions Court. (TN Code § 66-28-512(c)) Once the court grants possession and he’s removed, you’ll have a limited time to deal with any property he leaves behind, and even then, you’ll need to follow notice and storage rules.
Bottom line: You can’t block him from removing his tools/equipment or seize his belongings as payment unless you’ve gone through court and received the proper legal orders.
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I served my Tenant with a 14-day Demand for Rent or Quit Notice (I'm not sure that's the "Official" Title) on Monday. His date to pay is 5/19/2025. His lease expired 4/15/2025, and we attempted to allow him to catch up on his rent with a 45-day lease that he refused to abide by and did not sign.
There is a section in the original lease pertaining to Liens, stating that the Tenant gives the Landlord a lien for the Tenant's "personal property located on the premises." Since the original lease expired in April, is that something we are still able to enforce if he does not pay the past-due rent by 5/19/2025, as stated on the 14-day notice I gave him last Monday?
Or, is there anything we can do with his property that he has inside and outside the premises if he doesn't pay? Can we prevent him from removing any of the equipment and/or tools that he brought with him in lieu of payment?
Gurney P
Hello again! Remind me where this takes place.
Hi. Yes, Tennessee. Sorry about that.
Gurney P
No problem! Thanks for your question — I know how frustrating and delicate this kind of situation can be. Here’s a short and clear explanation for you:
Since your tenant’s lease expired on April 15, 2025, and he did not sign the 45-day extension, he’s now likely a holdover tenant or tenant at will under Tennessee law — still occupying the property without a new written agreement. The lien clause from the original lease might still be enforceable in theory, but only if your lease explicitly allows for it to survive beyond the lease term. Even then, enforcing a landlord’s lien in Tennessee is tricky. (TN Code § 66-28-509)
Tennessee does not automatically give landlords the right to seize a tenant’s property for unpaid rent, even if the lease mentions a lien. You cannot legally stop the tenant from removing their personal property unless you have a court order, such as a writ of possession after a proper eviction process. If you try to hold or sell their property without that, you could face legal consequences for wrongful seizure or conversion.
If he doesn’t pay by 5/19/2025, your next step is to file for eviction in General Sessions Court. (TN Code § 66-28-512(c)) Once the court grants possession and he’s removed, you’ll have a limited time to deal with any property he leaves behind, and even then, you’ll need to follow notice and storage rules.
Bottom line: You can’t block him from removing his tools/equipment or seize his belongings as payment unless you’ve gone through court and received the proper legal orders.
Gurney P
Does that help?
Yes! Thank you very much! Again! Lol
Thanks again for all your help! Hope you have a wonderful day!
Gurney P
You too! I'm glad I could answer all your questions for now, and if more questions come up later, I’m always available for you in a new chat.
Gurney P
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