Check out some similar questions!

corky1 · Oct 7, 2008, 07:10 PM

I am a new landlord in TN who is having trouble collecting the rent. How much in default does the tenant have to be for the eviction to start? There is a lease which says the rent is due on the 1st with late charges beginning on the 5th. It also states that the tenant gives up the 30 day notice under the TN Landlord Reform Act. Do I have to have an attorney to get the eviction? Does it matter if the family has a minor child or there is a baby expected? Also, does the time of year matter, such as can't evict in winter?

rockinmommy · Oct 7, 2008, 07:23 PM

Ok, before I brow beat you...

There's a sticky at the top of this forum that has a link to each state's landlord / tenant laws. If you review that, it should give you a pretty good idea of the eviction proceedures.

Typically, if they're not paying rent, the only defense to an eviction is filing some sort of pauper's affidavit with the court. Most people don't know they can do this. The simple presence of children and / or time of the year don't prevent an eviction from happening. I've never heard of a location where you NEED an attorney. In many places you CAN'T have one, as it's often handled through the same courts as small claims. Find out where the local Justice of the Peace or Magistrate is for your precinct. They'll have forms and will tell you the eviction procedure. You'll have to meet the notice requirements before they'll let you file, usually.

Now, and I'm sure you're already realizing this... You need to do some serious homework. Reading and learning your state's laws is a good start. I would also highly recommend checking around for a local branch of a landlord's association or apartment association. Groups like this provide a lot of resources and training and possibly even great forms for your use. You have a responsibility to know your duties as a landlord as well as your rights.