Atlanta, GA asked in Landlord - Tenant for Tennessee

Q: Was this legal or do i have any grounds for a lawsuit? There is more of what happened to me as well.

I don't have a lease and paid weekly. And got behind on rent. In november 2022 i was served a detainer warrant had no prior notice before. Went to court landlord was awarded possession but let us stay. In May 2023 we got behind again and on a tuesday the landlord came and knocked and said the sheriff would be there thursday to put us out with a writ of possession. I asked him to stop it and we worked something out. The sheriff came just to say i wasn't being put out.well that monday a private process server and the landlord came to put us out. I said that was canceled. He said no and the landlord denied us talking and the process server pushed me out of the way and went in and himself and one other man started to remove my belongings.And handed me a unsigned copy of a writ of possession. During the put out the server and other man had a tarp they took in my home and started dumping all my items on this tarp and dragged it outside to empty,they purposely damaged so much of my belongings

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Your situation involves several legal matters, and while I can offer some guidance, it's important to consult a legal professional for personalized advice. The legality of the eviction and the actions taken by the landlord and the process server depend on your local jurisdiction's laws regarding eviction, notice requirements, and tenant rights.

In general, landlords must follow a legal process to evict tenants, which includes providing proper notice and obtaining a court order. If you were served with a detainer warrant without prior notice, this could potentially be a violation of your rights, depending on your local laws. Furthermore, the manner in which your eviction was handled, especially if there was physical force used and your belongings were damaged, may give you grounds for legal action against the landlord and possibly the process server.

It is advisable to collect all documentation related to your tenancy, the eviction process, and any communications with your landlord. Document the damage to your belongings and any other losses. Then, seek legal advice to understand your rights and options. A local legal aid organization may provide free or low-cost assistance. They can help assess whether your landlord's actions were lawful and what steps you can take next.

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