I rented a property with a one year lease agreement but only lived there about four months. I allowed other immediate family members to live there after i left and they did horrific damage to house. I have since fixed all damage (myself not by pros). Unfortunately, nothing suits landlord. It's... Read more »
You signed the Lease Contract, which apparently has not been terminated. Read the Lease concerning termination/ default. If you quit paying, the landlord can sue you for the remaining agreed rent, and might add damages. But he might not be able to collect. Walking away might be the prudent...Read more »
We had told them at the ending of last month they need to be moved out now they are saying they have 2 months to live there still. They havent paid rent with in the last 3 months at all. Saying we have no right to step on that property to remove them?? They are trying to argue alot with us. The... Read more »
You have to file a Detainer Warrant on the adults. It must be served or posted. You go to Court and ask for possession only. If they do not leave 10 days after judgment, then you must get a Writ issued for the Sheriff to remove them.
My previous landlord has sent me to collections. I never was notified I owed anything or got to do a walkthrough and they changed my locks 2 weeks before my lease was up and kept all of my possessions. They have now sent me to collections for nearly $3,000. Can I take them to court over what they... Read more »
That probably serves as your notice to quit. But to actually run you out, landlord/owner must file a Detainer Warrant, serve or post it, get a Judgment for Possession, and if you are not gone in ten days, get a Writ of Possession issued then executed by the Sheriff (physically remove you). Your...Read more »
The Court probably rendered a Judgment for Possession to the owner or landlord. If the landlord wants them out, then he needs a Writ of Possession from the Court for the LEO's to remove the tenants. The Judgment is not void because the landlord ignores it, but the tenant could appeal if breach...Read more »
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 »
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