The new landlord got the property I’m currently at in a recent divorce but I just moved in three months ago and the new landlord sent a letter stating I have till Jan 20 to leave and she’s not returning my security deposit that I’d have to get it from the previous landlord. I have receipts... Read more »
If you have a lease term- it can not be shortened by simply a change in the ownership of the property- unless there is language in the lease that would make the lease terminable- which would be unusual. Usually the new owner takes subject to the lease.
It is just me an my 30 year old disabled son. My rent was not late. He turned the utilities. Off a week before my rent was even due. Then he turned back on after about 5 hours an cursing me out. He really had no reason to ask us to move. The mobile home had black mold the windows where not properly... Read more »
You can, but once he serves or posts the Detainer Warrant, you must attend and argue in Court. Your letter now is legally irrelevant. It is doubtful you will recover for your work, which you should not have performed. I suggest looking for a new place.
My lease requires the tenants to carry a renters insurance policy. They have been in the house for 3 weeks and I've asked for a copy of the policy 3 times. I've also asked for the move in checklist 3 times and I still haven't received that either. How do I handle this? Damages are already... Read more »
What does your lease say? If that is a material term in the lease you may have grounds for an eviction if they have breached the terms of the lease. But you must also give proper notice. Consult local counsel for your optoins.
I did a walk through after 3 weeks of tenancy. There was evidence of a pet. I made it clear that no pets are allowed at any time in the house....friends can't bring over pets, no pet sitting, etc. The same day that I made it clear that no pets are allowed, a neighbor reported seeing a dog enter... Read more »
If you want them out, hire a competent attorney to file, serve/post and prosecute a Detainer Warrant. Depending on the leasehold's County, the Security Deposit (if any) might be a problem. If someone is really disabled, you might have a fight with HUD, but it is doubtful. You will lose money...Read more »
My new tenant is seeking roommates. I require all adults 18 and over to sign the lease and undergo a background check. The tenant is assuming financial responsibility for the roommates. If a roommate breaches the lease, who is responsible for the eviction, the tenant or the landlord?
I assume you are the landlord and/or owner. If you want someone out, then file the Detainer yourself. Tenant/Sub-Tenant Detainers are messed up at best, and usually never occur. It is irrelevant whether you have a contract with the unwanted possessor or not.
My ex wife was going through a rough time and I let her move in to help. Since she moved in I have holes in the walls my personal property has been getting damaged and of course we have been arguing to the point of having the law called on more than one occasion. She has been threatening me with... Read more »
In Tennessee, the procedure is to give her written notice to get out. If she was supposed to pay rent, she has 15 days to catch up the rent. Then you file in general session court a "detainer warrant" ( the court clerk will have a form for you to fill out). Actually, it sounds like she is not...Read more »
This happens alot. You can go to the Detainer Court and complain that you have not breached the Lease, but it will probably not do you much good. The Security Deposit if you paid one is what you want to get back, and you may have to sue in Sessions for Breach of Contract and its return. Also...Read more »
It is doubtful you will obtain a criminal prosecution of anyone involved, although you can try as the victim. But normally your remedy is pretty much limited to suing the Towing Co. for Conversion. You may be able to do this yourself in General Sessions Court or you might hire an attorney....Read more »
Absolutely. I personally did this for 2 1/2 years. As a landlord you may need someone else local to take payments, pay taxes, make rental repairs, etc. The local manager is the agent of the actual landlord. The agent can also prosecute a Detainer Warrant, which must be filed and...Read more »
Noise complaint than we get evection for it. They said we have 14 day to fix it but they want us to leave because of noise complaint and i pay them rent on time would that go on my record and stay on there for 7 years for noise complaint
My lease agreement expires October 31, 2019 and I have already started moving from the home. On October 9, 2019 I was served with eviction papers due to unpaid rent. My landlord did not give me with a written notice before taking actions through the court. Did he follow the proper steps to evict... Read more »
It will be difficult to file a Detainer against you as you are probably a Tenant In Common, unless your Father devised the property to someone else or deeded it to someone else. You need to determine who owns the property first. It may be brought back into the Estate to pay bills of an insolvent...Read more »
My landlord says they don't have to show me anything because the receipts are my responsibility, even though the leaking ceiling is their responsibility that messed up my belongings in the first place. I feel like they will try to use my lack of payment proof if I ever go to court against them
If th ere is a suit in Circuit or Chancery, then you might discover them with a request for document production. Or just subpoena duces tecum them. Outside of suit, unless a written lease says otherwise, you have no right to the landlord's records. Besides, the landlord will probably just get...Read more »
Yes, if the new owner tries to evict or raise the rent, the prior owner will be in breach of your lease. The purchaser is buying the property "subject to" the contract ( your lease) already in existence, but only for the remaining term of the lease.
You can file a Civil Warrant against the Landlord for Breach of Contract. It may not be worth your effort, and it will probably take an attorney to collect it, if at all. Sometimes you can file a Judgment Lien after the Judgment is given.
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