NASHVILLE, Tenn. (WTVF) — A new state law requires renters to pay an entire year's rent to appeal their eviction.
Some attorneys say it's not practical, especially for tenants with overdue rent.
"We used to have two systems side-by-side where the tenant had to post a year's rent upfront, and the other where the judge decided what was an appropriate amount of money to protect both sides. What they did is they got rid of that option," said Elizabeth Leiserson, director of the Eviction Right to Counsel project at Legal Aid Society of Middle Tennessee.
No one wants to be facing eviction. In reality, it can happen to anyone.
"They get a terrible diagnosis, they have to quit their job, and after three months of cancer treatment, they're being evicted too," Leiserson said.
On average, renting in Nashville costs $1,744 a month, according to RentCafe.com. That means rent is roughly $21,000 a year in the city.
The state law doesn't explain how a year's rent is calculated, collected, or returned.
"How is a court clerk supposed to know what equals one year's rent? Some people have vouchers... What happens to that bond?" asked Leiserson.
Everyone makes mistakes which is why appeals are such an important option.
The director at Legal Aid described a recent scenario in court.
"[A person] had paperwork from the sheriff's office saying that his court date was that day, but they'd gotten an eviction judgment against him the week before which was just a mistake. It was fully incorrect. The judge looked at the paperwork and said, 'I'm sorry, you're going to have to appeal'," she said.
Proponents of the change argued to lawmakers that it protects property owners and provides a more efficient process for regaining possession of their property.
Appeal bonds related to evictions are not uncommon, however, no state has a requirement like Tennessee's, according to Legal Aid.
Another change to state law on July 1st also affects people facing eviction. They now only have 7 days instead of 15 to come up with the money they owe before a trial.
Fostering Hope provides Christmas for kids in foster care. I'm delighted to see Fostering Hope expand this year to expand their reach to now include kids in Foster care in metro AND foster kids in East TN hard hit by Helene.
-Bree Smith
