Update - eviction in Tennessee (long) - Posted by Karl (TN)
Posted by Karl (TN) on March 10, 2006 at 02:38:37:
Thanks to those of you who offered your perspective on my last post and Question. A new question rears it’s ugly head, but first a little ground work.
As you may recall the Sheriff advised the MH had to be moved off my property the day of eviction. Well, I spoke to the county ATTNY about my situation. He said it was a difficult and reoccuring problem County, State and Nationwide due to the technicalities differentiating personal and real property and the fact these things can’t be moved to the street w/ the rest of the personal belongings. He stated as long as some action is taken within a reasonable time he suggests the MH remains until arrangements can be made.
Per the County ATTNY, “the easiest solution is for you to buy this thing, so it is no longer the tenants personal property.” Lonnie couldn’t have said it better himself!
The Officer has postponed the eviction due to this and will call me Monday (most likely) to reschedule. In the meantime, my assistant will present the tenent with a bill of sale and a $100.00 deposit. The balance will be due upon my inspection and approval of the vacated property. Any repairs deemed neccessary by the purchaser to bring the unit to livable standards shall be withheld from the balance due as will rents and late charges and expenses incurred if we still have to move his possessions to the street. Also attached is a disclaimer that this in no way settles our dispute, relinquishes our judgement or our right to continue with the eviction. I can only hope the tenant has come to his senses and realizes that he is a motivated seller. Thus far we have been 5K off.
The real question now is that all the tenant has given me so far is a copy of his application for a new title as his is misplaced. How do I handle this hurdle? I cannot wait for the state to issue title and I can’t be assured that when he gets the title he will bring it to me.
Your thoughts are appreciated! Thanks Karl