Sevierville, TN asked in Landlord - Tenant for Tennessee

Q: My question is about legal residents in your home. I asked this already but I don't think I gave enough information.

My nephew who is 23 has lived with me for 18 years and we have had some trouble with him and had to call the police a couple of times. They told us that he is a legal resident and we can not make him leave without an eviction notice and all that that entails. He does not have a lease and he does not contribute towards any household expenses. He was recently arrested and has been in jail for about 2 months waiting on a preliminary hearing. My question was do we have to let him come back and live in our home again? Will he still be considered a legal resident since he has been gone more than 30 days but was in jail for that time period? Thank you.

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

A: If he somehow gets back into the house, you will have to file a Detainer Warrant in Sessions Court. Changing the locks might help now.

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