Ask Me Help Desk - TN eviciton/ejection law with no lease

I agreed to allow my monster-n-law to move in with us in September '07. We had a verbal agreement that she would stay downstairs in our "in-law suite/apartment" for four months. I told her that after four months if she was genuinely trying to find work and a place of her own she could stay longer.

It's been eight months now and she still hasn't lifted a finger. She's 50y/o and sits on the couch watching t.v. and smoking dope while she tries to come up of ways to ruin my marriage. She claims she is "dying", but has not been to the doctor once since she's been in TN, nor since she supposedly became ill four years ago while in California. I have offered to pay for medical assistance in the past and she declined. The only good she does is pick up my step-daughter from school in the afternoon(stoned at that).

There is no written lease agreement, and my name is solely on the Deed of the house even though I'm married and the house was purchased after marriage. I verbally agreed to allow her to stay for four months rent-free in exchange for painting the apartment/in-law suite downstairs and the upstairs living room. She painted half the apartment downstairs and that's it.

From what I have found, I can press charges for Criminal Trespass and have her evicted within whatever time frame I choose upon written notice delivered via certified mail.

I would like to know both mine and monster's rights regarding this if anyone can help. If you could provide Tennessee Code to reference that would be great.

Thanks so much,
divebum

Hello dive:

I don't think YOU can evict her. Your husband has to join with you. From what you say, you own the house equally. Therefore, Both YOU and YOUR husband are her landlords.

I don't know if HE wants to throw his mother out. I'm not sure it's a good idea for you to do it either. No, it wasn't a good idea to let her move in, but that was then, and this is now.

Of course, if he's cool with it, and you are too, follow the law George gave you, and she'll be out shortly.

excon

She's lived there for 8 months, that's enough time to establish residency. So forget the Criminal Trespass. I suspect she gets her mail there, the address is on her driver's license and other ID. So she's a tenant. Therefore she needs to be evicted.

I am the husband and it's my wife's mother who is the problem. My wife does not want her mother to leave. However, my wife would live with every one of her friends and family if she could. I don't think she wants a traditional marriage that includes a husband, wife and children only in the house. My mother-in-law is a thorn in our marriage and she will eventually cause us to separate indefinitely. Divorce is not a concern of mine if I evict her mother. Divorce is immanent with her mother there anyway. Yes, my wife has more loyalty to her mother (who ran off with another married man and abandoned my wife at a young age) than her own husband.

The link on Tennessee Evictions said nothing about eviction when there is no lease, unless I missed it.

Thanks

Quote:

Originally Posted by divebum

The link on Tennessee Evictions said nothing about eviction when there is no lease, unless I missed it.

Thanks

I have exerpted, but understand that "lease" is more than a piece of paper or verbal agreement; it is a legal relationship between an owner (or agent) and occupier:
"Unless you have a written lease that says otherwise, you cannot evict a tenant for non-payment of rent unless you give the tenant written notice that the tenant failed to pay the rent.

"If you are renting on a month-to-month basis, you may cancel the lease by giving the tenant 30 days' notice. The 30 days begins to run after the rent is due for the next month after the tenant receives the notice. For instance, suppose that rent is due on the first of the month, and you give the tenant notice to leave on March 10. The next rent payment is due on April 1, so the 30 days' notice begins to run on April 1; and the tenant does not have to leave until May 1.

"If you are renting on a week-to-week basis, you may cancel the lease by giving the tenant ten days' notice.

"If the tenant does not leave at the time required, you may sue for possession of the property and for damages and your attorney fees.

"You may sue to evict a tenant in General Sessions Court. If you do not have a lawyer, the court clerk can give you information about the procedure. If you lose, you have ten days to appeal; likewise, if the tenant loses, the tenant has ten days to appeal the eviction after the judge issues the order."