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  1. #1
    DustyLaine Guest


    Tennessee. My daughter and I moved to this state in Aug. 2000. She rented an apt in Oct. Her ex-husband stopped sending her child support and she wasn't able to continue paying the rent. I believe her last payment was in late Nov. The manager offered to let her store her possessions in a vacant apt on the property until she could get a storage unit. My daughter was unable to get a storage unit for lack of funds. My daughter stayed with me as she has four children under the age of 11. However, because she was evicted for non payment of rent, she couldn't stay with me in the same apt. complex. She comes to visit me every day and has seen her personal possessions in the hands of other tenents in the complex. When my daughter questioned the manager, she was informed that her personal belonging were now the property of the complex. Question: If they have her personal property, aren't they required by Tennessee law to have a public sale and use the monies to apply to her back rent and storage? Or is it permissable for the manager to give away her things to anyone she choses? Urgent response.

  2. #2
    happylucky Guest
    YES its been such a long time she has made NO EFFORT to pay what she owes....

    SO its considered abandoned....Or they did hold an auction and it was applied to the rent.

    YOU shoulda given her the $$$$$ rented a U-haul and got the stuff!

    NOW where ae the FATHERS? why did they let this happen? What about the grandparents? aunts uncles...

    Didn't anyone in your family have some MONEY to prevent this?

    Hopefully you daughter will NEVER have a 5th child is she is this broke.

    [Edited by happylucky on 07-18-2001 at 03:50 PM]

  3. #3
    DustyLaine Guest

    Legal issue

    The Legal issue is: Once the manager had possession of said personal property belonging to the tenent; Is it a state law to execute her duty as agent and representative of the Apartment Complex to sale said property to recoup the back rent and storage costs? At the time the personal property was obtained, it was not abandoned. The tenent no longer tried to get her property back when Manager informed her it was the Complex's property. However, to date, this manager has never tried to sale one item of the property mentioned.

  4. #4
    happylucky Guest
    OK here is the TN law on abandonment:

    66-28-405. Abandonment.

    The tenant's unexplained and/or extended absence from the premises for thirty (30) days or
    more without payment of rent as due shall be prima facie evidence of abandonment. The
    landlord is then expressly authorized to enter, remove and store all personal items belonging
    to tenant. If tenant does not claim such personalty within an additional thirty (30) days,
    landlord may sell or dispose of the personalty and apply the proceeds of the sale to the
    unpaid rents, damages, storage fees, sale costs and attorney's fees. Any balances are to be
    held by the landlord for a period of six (6) months after the sale.

    [Acts 1975, ch. 245, ァ 3.105; T.C.A., ァ 64-2835.]



  5. #5
    DustyLaine Guest
    Thank you for sending a copy of the Act on the Legal issue in question. Is there a web site I can go to where the TN Landlord/Tenent's Act are available online? You've been very helpful.

  6. #6
    happylucky Guest

    This should work click under TN laws unannotated

    The when you get to the Lexis-Nexis page type in landlord tenant, and you wil see the TN landlord and tenant act.

    Its too bad your daughter didnt ask you or your family for money first.

    Someone must have a pickup truck or some extra cash to pay for a storage locker, or a basement...

    But instead your daughter forced the landlord to bail her out of her financial problems, and the landlord was very happy to do just that, becuase you daughter left enough stuff to sell and pay the landlord off.

    Just remember: The LANDLORD always gets paid FIRST!!!

    [Edited by happylucky on 07-18-2001 at 06:57 PM]

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