[TN] [TN] What are my options if a management company failed to take required photos of damages?
Do property managers in Tennessee have to take property photos before a tenant moves in?
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Understood. Here’s the general process:
- Send notice of damages and repair costs to the tenant (Tenn. Code Ann. § 66-28-401).
- If they refuse to pay, you can file a claim against them for damages (§ 66-28-505).
- If you lose because the company failed to document the property properly, you can then pursue a breach of contract claim against the management company.
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Do property managers in Tennessee have to take property photos before a tenant moves in?
Lexi, Chatbot
I understand your concern. Are you currently facing an issue with a property manager regarding the lack of photos?
Yes.
Lexi, Chatbot
Have you reviewed your lease agreement or spoken with the property manager about their photo policy?
Yes, they were supposed to take photos prior to the tenant moving in.
Lexi, Chatbot
Thank you.
Jessica B
My name is Jessica, and I’m a licensed attorney. I’m reviewing your question now. Are you referring to photos as part of a move-in walkthrough?
So, a rundown—my parents bought a house in Tennessee a year and a half ago. They rented it out through a property management company last July. The company verbally agreed to take photos before tenants moved in. The tenants just moved out, and during my inspection yesterday, I found multiple damages. The “original” photos the company provided seem to have been taken while the tenants were already moving in. Now they claim the damage existed before.
The company’s been informed. I’m meeting with a woman today to document the damages, even though I already sent photos. The maintenance person seems shady and says the management company isn’t liable.
Jessica B
Are you planning to pursue a claim against the tenant or the company?
If the damages aren’t repaired, probably. I’m just trying to understand my options right now.
Jessica B
Understood. Here’s the general process:
- Send notice of damages and repair costs to the tenant (Tenn. Code Ann. § 66-28-401).
- If they refuse to pay, you can file a claim against them for damages (§ 66-28-505).
- If you lose because the company failed to document the property properly, you can then pursue a breach of contract claim against the management company.
Perfect, thank you. Are there any Tennessee laws about how property managers must conduct inspections or handle move-ins—outside of the contract?
Jessica B
No, most of it depends on your management contract.
I guess I mean owner protection rights when dealing with management companies.
Jessica B
That would fall under breach of contract claims.
Got it, thank you! I’ll reach out if I have more questions.
Jessica B
Glad I could help!
Jessica B
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