Immediate Eviction Notice

[dogslove11]

What is the name of your state (only U.S. law)? Tn
I need help now.. my landlord came to me this am and said they are handing out eviction notices to anyone who is late. I signed a years lease which was up in July, so I'm on month to month. I am behind one months and have been paying him what we can every week.

He said we would be handed immediate eviction notices because thats what it states in our lease, and it does!

I'm the only one paying up on late rent, and I have children with no where to go. What do I do and is this legal for him to do even though we've been paying on our behind rent as much as possible.

I can see him putting out the ones that are 4 and 5 months behind, but I've paid what I can when I can.What is the name of your state (only U.S. law)?

 

[ecmst12]

If you are late at all, even one day, the eviction process can begin. If you can't get caught up on your rent, you need to move. Landlording is a business, not a charity, and it has a bottom line.

 

[dogslove11]

Eviction Help

I know that its not a charity, ok, so I don't need your negative comments as you are probably a landlord yourself. I asked for help not to be put down. Keep your comments to yourself if they're negative ones.

I've been a paying tenant for years and have fallen on hard times, lost my job and I've at least paid him what I can weekly. No need for comments like that. how about the landlords taking care of things like getting the trash out of here, mowing grass when its been needed for 2 weeks, fixing broken things thats been broken for 2-3 months. My washer broke and it took him forever to fix it- yet my rent was all paid up. My microwave oven still does not work and going on the 5th month with rent paid up until last month, doors breaking (or the door locks and your children are stuck in bedrooms or bathrooms) my husband has fixed so many things around here its ridiculous and not just in our apartment.. the sewer outside- he has had to work on because it was backing up and flowing over in apartments.. you have no idea what some tenants do for you landlords who seem to be lazy and then say oh yeah pay me whatever you can every week and you'll be just fine which is what we've done and then told we will have to move!!!!!!!!!!!

 

[ecmst12]

I'm a tenant, not a landlord. And I know if I don't pay my rent, I don't have the right to stay here. I'm not putting you down, I'm telling you the truth. Sorry it's not what you wanted to hear. Nothing that you posted sounds like a habitability violation.

 

[sandyclaus]

Unfortunately in this economy, too many "nice" LLs are getting taken over by tenants who either can't or won't pay their rent. The problem is that all too often their kindness tends to be taken advantage of, so LLs finally have to put their foot down and enforce the terms of their rental agreements. Sounds like this is what's happened in your situation.

Ultimately, the LL has the right to evict any tenant who does not pay their rent, in full and on time. They may opt to serve a "Pay or Quit" notice first, giving the tenant a chance to get caught up before evicting, but it is NOT always a requirement.

Sounds like you are going thru hard times, but the hard truth is that the LL isn't responsible for supporting your family with a place to live when you clearly cannot afford to pay the rent you agreed to. But if LL chooses to evict, he cannot kick you and your family out right away. He will have to follow the state eviction procedures, and that takes time. The bad news is that if it gets to that point, not only would you be put into the streets, but have a judgment and eviction on your record that could cause you problems getting into a new place for years to come.

Good luck to you.

 

[dogslove11]

Eviction Notice

I understand what you guys are saying. I'm sorry that I totally went off a little, just a little stressed.

It is so true that others are taking advantage of the nice landlords, but I have not. Not one time has went by that I haven't thought about him. He is a very nice guy falling on hard times as well.. Its just so hard. My daughter had swine flu 4 weeks ago, I had miscarriage a week later had to have D & C, my husband hurt his hand at work, I've had other emergency visits to the Er and prescriptions (have all paper work to prove it) and things just piled up quickly.
Never once have I taken advantage of him and he knows that, thats why he gave me heads up this morning before the other guy comes out to hand out notices this evening!

I don't get all the help that some get from state or local agencies. I pay all my co-pays and prescription costs out of pocket and then on top of it, all of my bills and groceries (things to survive)..

When I signed my lease, I could afford my rent, I can still afford my rent.. we just had way too much go on in just a short period of time with only my husband working his butt off like he has all his life.

I'm getting the money owed together today, even if it means putting a lien on my vehicle (payday loan) I don't know where else to go for the help and no one has help around here. Never been in this situation before and had no idea who to contact and surprisingly when I get the referrals, no one can help or they can but it would be December before the vouchers are sent out.. well I need it today not December.

I'm hoping to have all paid up tonight, no matter what I've got to do.. but then my MR.Landlord WILL be fixing my microwave oven that I've been without for soooo long!

thank you guys, I'm sorry that I kind of got mean! its just stress-sorry

 

[Gail in Georgia]

If this helps...

Your landlord cannot evict anyone, no matter what the lease says. Only a court can grant an actual eviction for failure to pay rent.

Attached are the steps to evict someone in Tennessee:

Tennessee Evictions

This typically involves giving the tenant a certain amount of time to remedy the situation and if not resolved the landlord/management then files for the actual eviction through the court system.

Gail

 

[phase08]

While I can understand the stress, I get tired of people using the fact they have kids as a sob story and to get leverage and sympathy. You CHOSE to have kids, and providing housing for them falls under the category of being a parent.

Sounds like due to some setbacks you can no longer afford the place. Look for something cheaper, move in with relatives, keep calling social service agencies and also try churches, do what it takes. Unless your situation improves considerably very soon you’re going to be late again and you should try to avoid an eviction that will follow you for years.

 

[Wyldrush]

You mentioned you been paying your LL weekly what you have but still behind. I know in FL which is a tenant friendly state if your taking partial rent payments the LL will have a tough time winning the eviction. When someone falls behind, your never suppose to accept anything but the FULL payment, excluding late fees. They can not evict based on late fees owed. Not that I want to advise you paying how you are, but it may not hurt.

Best advice, go seek legal advise in your community. Legal Aide is free and I believe available all over since your unemployed. In fact there are many attorneys who defend people in your situation and in fact that go after the LL for fees not you.

Being your LL is greedy (how I see it) he is accepting partial payments and it can hurt his case when you go to court and pray you have a nice judge.

I am a LL, and I remember 2 yrs ago i had a tenant pass away. She left 2 kids and her mom in the apt. They had no income so I tried to evict. Judge said no because they had no where to go. I forgot the legal process needed but it was more criminal inclined I had to do and expensive. A $500 eviction costed me $2300 and took 4 months. The filings were based on someone living there without permission.

 

[Baranov]

Your landlord is tired of dealing with people that place all other priorities, over their obligation to pay their rent. He may not be able to evict you this month, but you have been warned and if you do not pay your back and current rent, then you will be evicted next month. It's time to cut back and get rid of your cable, cell phone, internet and fast foods. Get serious or join the homeless.