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Move in/notice of completion

In Tennessee, can an owner who is paying cash to their contractor move into the new house before getting the notice of completion? We have problems noted by a home inspector and also a mold inspector. We are 16 months into a 9 month contract. The builder is breach of contract and his negligence caused the problems and mold.

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Nov 14, 2019

Admittedly, I'm no expert in Tennessee's building codes. But, I can say that the Notice of Completion requirements found at § 66-11-143 of Tennessee's mechanics lien statute seem to be intended to limit the timeframe for liens - not to indicate the owner can take possession of the improvement. Generally, there will be some sort of certificate of occupancy or similar requirement before an owner can move into their new construction property. And, generally, that can only be done after all inspections are completed. At least in the Nashville area, it appears that a Use and Occupancy Letter may be required. For clarity on what, exactly, must happen/must be filed prior to moving into your new home, it'd be helpful to reach out to a local Tennessee construction or real estate attorney.

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