SUBSTITUTE RESOLUTION NO. RS2004-607

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to enact the necessary legislation to allow landlords to dispose of the personal belongings of evicted tenants in an appropriate manner and/or sell such items to offset amounts owed by the tenant, rather than setting the items in the public right-of-way.

WHEREAS, evicted tenants often have their personal belongings set outside of the premises upon being evicted, which not only results in the destruction of the property, but negatively impacts the overall appearance of the neighborhood as well; and

WHEREAS, the unsightly appearance of personal belongings scattered along the street in front of residential property impairs the ability of other property owners in the neighborhood to lease or sell their property; and

WHEREAS, the Tennessee statutory provisions pertaining to unlawful detainer do not expressly authorize or require landlords to dispose of the tenant's personal belongings left in the premises after a writ of possession is awarded; and

WHEREAS, it is fitting and proper that landlords be allowed to dispose of all personal belongings of evicted tenants left on or in the premises without liability to the landlord.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to enact the necessary legislation to allow landlords to dispose of the personal belongings of evicted tenants in an appropriate manner and/or sell such items to offset amounts owed by the tenant, rather than setting the items in the public right-of-way.

Section 2. That the Metropolitan Clerk is directed to send a copy of this Resolution by United States mail, electronic mail, or interdepartmental mail to each member of the Davidson County Delegation to the General Assembly.

Section 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Vivian Wilhoite

LEGISLATIVE HISTORY

Referred: Budget & Finance Committee 
Introduced: November 16, 2004
Deferred: November 16, 2004
Deferred: December 7, 2004
Deferred: December 21, 2004
Deferred: January 18, 2005
Substitute Introduced: February 1, 2005
Adopted: February 1, 2005 - Roll Call Vote
Returned Unsigned
by Mayor:

February 2, 2005