Chattanooga, TN asked in Real Estate Law for Tennessee

Q: If we never received a written eviction notice just a summons to court how can we be made to leave in 10 days by court.

We live in red bank tn. And have for 5 years in the same duplex. The owner sold on June the 4th. On July 7th we signed new lease with first property management. On July 28th we received a summons to court for back rent owed from before they ever owned the place. We didn't owe back rent. On August the 12th we received a letter taped on the door at 10pm saying we have 3 days to be out. We didn't leave. Nothing more was said. We went to their office to pay our rent and showed them proof we didn't owe back rent to no avail. We went to court on August 27th and they gave us 10 days to vacate. Through all of this we have never received a formal letter of eviction not one thing except the 3 days to vacate in August. We were told by the judge that we could appeal but judge saidwould have to pay a years worth of rent up first before we could appeal and that was no guarantee we would win appeal and if lost have to vacate immediately. How can they do this when we paid and never got eviction notice

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Service or Posting of the Detainer Warrant is notice to leave. You can probably get one continuance to get a lawyer, which might mitigate the pains.

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