Eviction Notice Tennessee

[april20071]

What is the name of your state? TN

In Tennessee, can a landlord evict you by e-mail (internet)? We asked if he would take amounts off rent due to non working heat (living conditions) which he has been aware of since early spring 2007 when we had a gas leak and they said the furnace was destroyed. He refuses and wants full rent even with us getting sick and freezing in our home now being fall going into winter. So, we got a month behind in rent due to high electric bill with using electric heaters throughout our place and now got a email evicting us. He just said this email serves as eviction. He didn't give much details in email or anything.

 

[BL]

What is the name of your state? TN

In Tennessee, can a landlord evict you by e-mail (internet)? We asked if he would take amounts off rent due to non working heat (living conditions) which he has been aware of since early spring 2007 when we had a gas leak and they said the furnace was destroyed. He refuses and wants full rent even with us getting sick and freezing in our home now being fall going into winter. So, we got a month behind in rent due to high electric bill with using electric heaters throughout our place and now got a email evicting us. He just said this email serves as eviction. He didn't give much details in email or anything.

Write your Landlord a letter sending it RRR Certified mail , keep a copy and the receipt the LL signed for it .
If the LL doesn't sign for it and it's returned to you , do not open it ,but keep it for any court proceedings .

Remind the LL you tried in good faith to remedy the issue but he/she refused , and again ask for a remedy and put the following in your letter :


66-28-502. Failure to supply essential services.


(a)(1) If the landlord deliberately or negligently fails to supply essential services, the tenant shall give written notice to the landlord specifying the breach and may do one (1) of the following:


(A) Procure essential services during the period of the landlord's noncompliance and deduct their actual and reasonable costs from the rent;

(B) Recover damages based upon the diminution in the fair rental value of the dwelling unit, provided tenant continues to occupy premises; or


(C) Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.


(2) In addition to the remedy provided in subdivision (a)(1)(C), the tenant may recover the actual and reasonable value of the substitute housing and in any case under this subsection, reasonable attorney's fees.


(3) "Essential services" means utility services, including gas, heat, electricity, and any other obligations imposed upon the landlord which materially affect the health and safety of the tenant.


(b) A tenant who proceeds under this section may not proceed under § 66- 28-501 or § 66-28-503 as to that breach.


(c) The rights under this section do not arise until the tenant has given written notice to the landlord and has shown that the condition was not caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.

 

[april20071]

thanks. I sent that in a email too (those laws) I saw too with my concerns and thats when he sent eviction notice and sent one other email before that saying the landlord and tenant relationship isnt working out.

 

[Some Random Guy]

re-read the previous post, where Blonde says

Write your Landlord a letter sending it RRR Certified mail , keep a copy and the receipt the LL signed for it .
If the LL doesn't sign for it and it's returned to you , do not open it ,but keep it for any court proceedings .

You are in an argument with a person to which you have payed thousands of dollars in rent who holds onto something in the range of a thousand dollars of your money as a security deposit.

Sspend 5 bucks on certified mail - it helps if this makes it to court.

 

[BL]

thanks. I sent that in a email too (those laws) I saw too with my concerns and thats when he sent eviction notice and sent one other email before that saying the landlord and tenant relationship isnt working out.[/QUOTE]

He refuses and wants full rent even with us getting sick and freezing in our home now being fall going into winter.

Sounds to me he just don't want to replace the furnace if it's shot , and he wants a simple way for you to leave without responsibility or consequences .

Face it , you'll probably have to move in what's called a " constructive eviction " ( where habitability issues are so bad , you are forced to move ) .

If there is local code enforcement office , call them also .

 

[april20071]

I will send that letter. My mom contacted code enforcer who said its definitely not legal but he was afraid to do much since we were late on rent for the month with our electric bill being higher from using electric heaters constantly to stay warm.

 

[BL]

I will send that letter. My mom contacted code enforcer who said its definitely not legal but he was afraid to do much since we were late on rent for the month with our electric bill being higher from using electric heaters constantly to stay warm.

That's hogwash .

You are still a tenant until you are evicted through the court .

Call back and insist ( be aggressively-assertive ) on an inspection,report ,and the demand the LL repair .

Ask for the supervisor or director of code enforcement if need be .

 

[april20071]

I am going send that letter and will check in with code enforcer. According to LL, he wants us out ASAP and the email was recieved Nov 26th (the e-mail which he evicted us by) so guess Dec 26th is his so called eviction date for us? Is there anything besides the letter or code enforcer that I could do to able to stay longer here (since hard find place with christmas coming up) cause we told him how high our electric bill is due to electric heaters running and asked about reducing our rent which he says NO all the time to. We can't even warm our living room up even with the electric heater and my daughter is sick with a cold because its 28 at night and no heat in home. I appreciate the help and will follow through with suggestions

 

[april20071]

Update

Subject: Re: thank you and on the rent/heat

The list that I can get is from the housing authority in Oak Ridge. It is a list of owners who will accept Section 8 participants or dead beats, so you should have absolutely get ahold of that letter. Let me know when you have found something. I am auctioning off the home the weekend after Christmas, so the house will have a new owner for the 1st of the year cause I cannot make the payments. You will have to evacuate very soon. You received the mandatory 30 day notice of eviction and I have confirmation of your receipt of this notice, which is up on December 26, 2007.
jason



Now he is auctioning the house off. We werent able to pay the last month since high electric bill with using space heaters to stay warm. Should I get a attorney? Legal aid is booked up. I am trying decide what approach I should take. I have called several places but handicap so cannot take a lot of steps as I have dislocated knee and walk with a cane. I also found it offensive him suggesting section 8 (dead beats) using as term when paid him rent since the day we moved in, even when we had mildew carpet from a small leaking a/c he put in and refused to do anything about then as well. We found out about the furnace in April after already lease signed etc and he said it would be fixed by end of summer.

 

[april20071]

I want you out ASAP. I want to begin immediate construction on the property to fix what should have been done after the car hit the home.


he sent that too.

 

[acmb05]

Subject: Re: thank you and on the rent/heat

The list that I can get is from the housing authority in Oak Ridge. It is a list of owners who will accept Section 8 participants or dead beats, so you should have absolutely get ahold of that letter. Let me know when you have found something. I am auctioning off the home the weekend after Christmas, so the house will have a new owner for the 1st of the year cause I cannot make the payments. You will have to evacuate very soon. You received the mandatory 30 day notice of eviction and I have confirmation of your receipt of this notice, which is up on December 26, 2007.
jason

Wrong, he did not serve you with the proper notice. They will not accept an email notification here. He will have to go thru the proper channels to give you 30 day notice.

Now he is auctioning the house off. We werent able to pay the last month since high electric bill with using space heaters to stay warm.

And now he only has to give you 3 day notice to pay or quit. It does have to be in writing though. NOT email

Should I get a attorney? Legal aid is booked up. I am trying decide what approach I should take. I have called several places but handicap so cannot take a lot of steps as I have dislocated knee and walk with a cane. I also found it offensive him suggesting section 8 (dead beats) using as term when paid him rent since the day we moved in, even when we had mildew carpet from a small leaking a/c he put in and refused to do anything about then as well. We found out about the furnace in April after already lease signed etc and he said it would be fixed by end of summer.

Unless you know how to get the eviction thrown out for improper service then you need an attorney who can do this for you.

 

[april20071]

Can he move our stuff out of the place or change locks if we aren't out by dec 26th - even though he evicted us improperly?


He said he is auctioning the house weekend after christmas. Should I tell him his eviction is improper to give us more time or would that be hurting ourselves? I'll call legal aid again tomorrow to see what they can say.

 

[FarmerJ]

April you need to stop communicating with the LL via email. ANY more communications with the LL should be sent in US mail and via certified mail at the very least certificate of mailing. You need to look into your state govt web page links for Landlord and tenant , LEARN what the law is in your state, and still bring in inspections to write a repair order to the LL. If the LL ignores it too bad for him eventually the city/county will condemn the place if they dont do it based soley on the heat not working. While your doing all of this start working the phone calling first call for help or united way to learn where you apply for fuel assistance help for yoru electric bill. and to learn who in your area might have emergency funds available to help get your rent caught up or to help with deposit on a new place.

 

[acmb05]

Can he move our stuff out of the place or change locks if we aren't out by dec 26th - even though he evicted us improperly?

Sure he can, and then you can sue him for illegal lock out and cost of any thing that comes up missing, Like that big 50 inch TV you just bought

He said he is auctioning the house weekend after christmas. Should I tell him his eviction is improper to give us more time or would that be hurting ourselves? I'll call legal aid again tomorrow to see what they can say.

If he does auction it off then you will have a new landlord who will then have to serve you properly with a 30 day notice.

 

[BL]

Can he move our stuff out of the place or change locks if we aren't out by dec 26th - even though he evicted us improperly?


He said he is auctioning the house weekend after christmas. Should I tell him his eviction is improper to give us more time or would that be hurting ourselves? I'll call legal aid again tomorrow to see what they can say.

I'm wondering what legal aid said .