Lewisburg, TN asked in Landlord - Tenant and Real Estate Law for Tennessee

Q: When and how does it change from a person criminally trespassing to a person being considered a tenant in Tennessee?

I rented to a person who never signed his lease or pay his rent and utilities and had been asked to move and refused and this has been going on 11-12 months and sometime during those months moved his mother in without my knowledge or consent and recently mother files order of protection and now he is not allowed on the property that now she will not leave after not having my consent, refusing to sign a lease also, refuses to pay rent and utilities and won't leave..... So is she trespassing or will I have to evict her as a tenant and she also has known that I wanted her son and her to move

2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: The safest route is to evict her. Unfortunately, the Police/Sheriff Deputies are often reluctant to assist and pursue trespassing charges as they generally consider these situations as a "civil" dispute( as opposed to criminal).

Anthony M. Avery agrees with this answer

Anthony M. Avery
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Answered
  • Landlord Tenant Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: File a Detainer Warrant now For Possession Only. Do not let them stay in possession for anywhere near three years continuously, or you will have real trouble ever claiming ownership. You should hire a competent attorney to file and prosecute the Action, as you can lose the real property.

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