I'm in Tennessee. I have a question. If the landlord one the eviction Brew Court and receive the Judgment for the tenant from the court but then allow

[Nella3000]

What is the name of your state?

 

[Nella3000]

What is the name of your state?

Tennessee

 

[adjusterjack]

You're going to have to complete that thought and provide some details.

 

[Nella3000]

My apologies. Basically a landlord won a judgement of eviction but allowed
the tenant to stay past the judgment and took cash payments in order for the tenant to stay. Is that legal? Is the judgment binding or now void?

 

[FlyingRon]

You're still writing ambiguously. Are you saying they took money from the tenant after the judgment to allow the tenant to stay in the unit?

 

[Nella3000]

Yes

 

[Nella3000]

Yet the landlord claims it is to give the tenant time to find another place to go, giving the tenant a time frame and still taking money and writing a receipt.

 

[Litigator22]

My apologies. Basically a landlord won a judgement of eviction but allowed
the tenant to stay past the judgment and took cash payments in order for the tenant to stay. Is that legal? Is the judgment binding or now void?

Surely no laws would have been broken by any such an arrangement. As to whether or not the judgment of eviction remains enforceable will turn on the precise particulars none of which we have, including how and to what the "cash payments" were applied. Because there is nothing to prevent the parties from reinstating the tenancy in which case the judgment would be rendered moot.

On the other hand it would be most inequitable for the judgment to stand as nullified merely because the landlord granted the tenant a temporary period of grace before asserting his right of possession.

 

[adjusterjack]

Yet the landlord claims it is to give the tenant time to find another place to go, giving the tenant a time frame and still taking money and writing a receipt.

As a former landlord I find it hard to imagine that a landlord would go through the trouble and expense of going to court to have a tenant evicted, get a judgment, and then let the tenant stay.

There must be more to this story than you are telling.

And just who are you in this story?

 

[Litigator22]

Yet the landlord claims it is to give the tenant time to find another place to go, giving the tenant a time frame and still taking money and writing a receipt.

If you are seeking a way to avoid vacating a rental you'll need to come up with a better gimmick than this; receipt or no receipt. It seems that you'd like to turn an act of kindness back on an indulging landlord and it won't work.

As stated before the mere act of a landlord extending an erstwhile tenant a reasonable period of time within which to comply with an order of eviction does not in and of itself serve to void or nullify the court's order; whether or not the landlord is compensated for the interim or grace period.

(No more than a landlord's judgment for delinquent rent would be rendered unenforceable simply because the landlord chose to grant the former tenant/ judgment debtor a reasonable period of time to pay the judgment before pursing other means of collection.)

However, as stated before nothing with respect to the eviction proceedings would prevent the parties from reinstating or creating a new a tenancy thus rendering any such judgment moot. But nothing can be gleaned from your meager offerings even hinting at the parties agreeing to either, nor the landlord having waived enforcement of the order of eviction.

I suspect someone will be soon be greeting a visitor from the sheriff's office.