They are trying to evict me - Posted by Mike

Real Estate Investing Real Estate Law
1

Posted by Natalie-VA on April 07, 2006 at 19:40:44:

Mike,

I’m not an attorney and know nothing of your personal circumstance.

You might consider giving your landlord a break and moving out instead of spending resources trying to fight this.

If you’re not paying rent, he can’t pay his mortgage.

–Natalie

2

They are trying to evict me - Posted by Mike

Posted by Mike on April 07, 2006 at 15:05:09:

Ok im in TN and am renting a home, I do owe March rent and now April. I am willing to pay as soon as I can. Realistically 7-10 days and pay it all current. The landlord says if it is not paid today get out. What to do?

3

Re: They are trying to evict me - Posted by Sailor

Posted by Sailor on April 11, 2006 at 14:20:53:

You do NOT want to be evicted. It is embarassing to be served, go to court, & then have the sheriff remove your belongings. Yes, & then there is the fact you’ll have to pay all the rent + court costs. Even then it isn’t over, because landlords use credit reporting agencies & that eviction judgment can follow you around for many years (it can be renewed). Gosh, it just isn’t worth the cost. Shake out your pockets & check for change under the sofa cushions. Give your landlord every penny you can scrape up & work out a repayment plan TODAY. Realistically, once behind, it is doubtful you are going to ever catch up. Think about finding a place to bunk & making a deal w/the landlord to move out NOW if he’ll release you from your rental agreement. Think about picking up a temporary 2nd job, preferably one that pays tips. What can you sell for ca$h? Have you got an extra vehicle to exchange for back rent? Pick yourself up & take care of this, vowing to never let it happen again. It isn’t fair to the landlord (your rent puts food on his family’s table), & you’ll never get ahead in life if you can’t avoid these situations in the future. If it is any consolation, hopefully you’ll someday be in a position to offer someone else tuff love, too–

Tye

4

Here’s the Deal - Posted by Jimmy

Posted by Jimmy on April 08, 2006 at 08:53:24:

I cannot belive I am coming to the aid of a tenant in default, but here goes:

  1. The landlord cannot force you to leave with going through the eviction process. He can’t cut off the utilities and he can’t lock you out. If he does, you have a killer lawsuit against him for wrongful eviction. and he will pay dearly for his error in judgment.

  2. in most states the process starts with a written notice to the tenant. “3-day notice” “pay-up or quit” or something like this. you will have to find out what TN calls it.

  3. you have 3 days to get paid up. if you do, you are OK, and everything is back to normal. if not, the L can now file eviction papers.

  4. once files, you will be served with the papers. the papers will have a court date. usually municipal court or JP court. very informal. bottom of the barrel as far as courts go.

  5. your particular hearing will last anywhere from 30 seconds to 5 minutes. the only issue is rent payment. the usual result is the court seting an eviction date a few days out. you have until that date to get yourself current.

  6. if the eviction date comes and goes, and you are still a deadbeat in possession, there is one more step for L. He has to go back to the court ans request a writ of possession (or whatever they call it in TN). That writ will give a drop-dead date for you to be gone. maybe another 48 hours. Failure to vacate may bring the sherrif or constable to your door to forcibly remove you and your possessions.

  7. If you truly, truly know you will get caught up in the next few days, then do so. If you know you can’t, show a little class, and vacate this weekend.