§ 29-18-123 — Bond to confess judgment at termination of lease - Judgment and writ

(a) Any person, granting a lease of lands, tenements, and hereditaments, may incorporate or take from the tenant a bond covenanting to deliver possession of the rented premises on the day specified therein as the end of the term of the lease, and further authorizing the party from whom the premises are rented, or any other person whose name may be mentioned as attorney, in case possession of the premises is not delivered in conformity with the lease, to appear on any day of the term of any court having jurisdiction in such case, the term of such court to be expressly named, and the premises to be sufficiently described in the bond, and then and there, in the name of the party executing the bond, confess a judgment for possession of the rented premises. (b) Upon presentation of the bond, and satisfactory proof of its execution, the court shall enter judgment for possession and also for costs of the proceeding, in favor of the party granting the lease against the tenant thus unlawfully holding over. (c) The writ of possession shall have effect to dispossess any party in possession who holds as assignee or sublessee of the original tenant.

Legislative History

Acts 1869-1870, ch. 64, §§ 3-5; Shan., §§ 5124-5126; mod. Code 1932, §§ 9279-9281; T.C.A. (orig. ed.), §§ 23-1624, 23-1625.