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    abbyelyse's Avatar
    abbyelyse Posts: 1, Reputation: 1
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    #1

    Jun 23, 2009, 08:42 AM
    Will I seriously go to jail for trespassing?
    Hi,my name is Abby I recently moved from Nashville,TN to Newport,TN to live with a friend.I was laid off 3 times last year and Im a single mother of two toddlers.After being laid off the third time I was end a financial mess so my friend Jessica asked me to come and live with her 300 miles away from my home.She lives rent free in her parents old house and so have I for the past three months.I recently finally found a job in this tiny town and I have gotten several applications for apartments.My roommate and I have not been getting along very well for the past week and this morning she told me to get out.I told her that I don't even get paid until next week and I have about 4 dollars in my pocket!She says that she will go to the police and have me charged with trespassing and Im really scared.I completely understand that I need to move and that she is in no way obligated to let me stay here rent free,even though I have come to realize that she only wanted me to come here to take care of her as I have had to pay for electricity on my own and she eats all of my(and my kids!)food,uses everything from my detergent to toilet paper to phone-i know none of this is really useful to my question but I'm just trying to explain that I'm not a total freeloading loser here because I am not being charged rent.So,all of mine and my children's belongings are here,every bill is in my name but I am not paying rent-can she really not only have the police kick me out onto the streets but also charge me with trespassing?please help,I'm so worried!!
    Cunning is I's Avatar
    Cunning is I Posts: 20, Reputation: 2
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    #2

    Jun 23, 2009, 08:53 AM

    Well if you have bills in your name... nope you live there. It is part of proving that you live there. Like a phone bill or an electric bill. Let them get an eviction notice for you.. they generally take a week by then you will be gone.

    If she threatens you, call the police they will find a place to put you up.. and your kids
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jun 23, 2009, 09:19 AM

    You are a tenant and have to be evicted according to TN law. She cannot change the locks or throw you out. If she does, you have a civil case against her. That, of course, isn't going to help you after she's locked you out. http://www.rentlaw.com/eviction/tenneviction.htm

    I seriously doubt the Police will get involved in this.

    I am not aware that the Police will help you - and your kids - find a place to live, at least not in my area. If the situation gets abusive you will need an Order of Protection against her but that will be difficult because you are in her house.

    I think you need to find somewhere else to go as quickly as you can - but you already know that.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jun 23, 2009, 09:22 AM
    Quote Originally Posted by Cunning is I View Post
    Well if you have bills in your name...nope you live there. It is part of proving that you live there. Like a phone bill or an electric bill. Let them get an eviction notice for you.. they generally take a week by then you will be gone.

    If she threatens you, call the police they will find a place to put you up..and your kids


    I am not finding the "generally take a week" information. What are you quoting? All I find is this - Tennessee Evictions.

    You don't need to have bills in your name to prove you live somewhere. The fact that OP's possessions are there is proof enough. More proof is good, of course, but not necessary.

    In my area - NY - the Police most definitely do not get involved in these situations and also don't help the renter find another place. They do have a list of printed referrals which they simply hand to the renter.
    tryintolive69's Avatar
    tryintolive69 Posts: 10, Reputation: -5
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    #5

    Jun 23, 2009, 09:28 AM
    Hi,no you can't be charged with trespassing and she has to give you thirty days notice before she kicks you out,and if she persist in kicking you out. Everything that's in your name have it turned off,and go to a motel. Your supposedly good friend is a jerk,you don't need friends like that
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #6

    Jun 23, 2009, 07:40 PM

    Some states you can get evicted in anywhere from 5 to 30 days.
    I believe Tn is 30 days eviction notice. You are a resident just by them inviting you to stay. For you to be considered trespassing they should/would have to have called the police immediately from the time you entered the home or they knew you entered the home but they let you stay.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Jun 23, 2009, 08:07 PM

    First since they allowed you to move in, they can not arrest you for tresspassing, they give evict you in housing court.

    And in TN yes it takes about a week
    ( sorry it really does) to be served once they can file in for a court hearing. ** that is just the average time in many TN courts.

    But they have to most likely give you a 30 day notice to move out, since you were living rent free, they can not evict for non payment of rent, that can be done faster.

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