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earlmoore · May 4, 2009, 01:45 PM

I have been asked (on 05-03-09) to vacate my property that I have been paying rent on for the last 7 years. What are my leagal options, and what is the eviction notice law in Blount County, Tennessee?

ballengerb1 · May 4, 2009, 01:50 PM

Do you have a written lease? If no lease then you are a month to month tenant and would get one months notice to vacate, after that they would need to evict you which could take more time up to 2 months. What did they tell you, exactly?

LILL · May 4, 2009, 03:39 PM

There is a very big difference in getting an eviction notice and being told to vacate. Since you state that you've been paying rent, I can only assume that you are being told to vacate. If so, and you have no lease... Tennesse law only requires a 30 day notice to be given by either party.

Tenn.code Ann. § 66-28-512

ballengerb1 · May 4, 2009, 05:38 PM

Lill, hope you did not misunderstand my advice. I too said he'd have a 30 day notice. If he tried to stay after the 30 days they then would have to evict if he did not leave by his own accord. Then and only then would eviction be appropriate and it can take up to 2 months. Earl asked for options so I gave him two. We still need to hear from Earl if there is a lease or if the first lease had auto renew language.

Fr_Chuck · May 4, 2009, 06:24 PM

Unless you have a lease, they may ask you to move out with a 30 day notice. If you don't move they can evict. You don't want a eviction on your record if you have a good credit report, it would hurt you getting another apartment or rental.

But you may live there 20 years that gives you no special rights.

earlmoore · May 5, 2009, 09:27 AM

As per my questions yesterday. I have an oral aggrement that allows me to pay my daughter X amount of rent each month. Long story short, when my wife and I divorced 10 years ago, we owned this property toghther. HOWEVER... She ran up $12, 000.00 of credit card bills when we were together and I was in danger of being Garnished at my job of many years. I received calls there that made me aware of aforementioned debt.For us to have a quick divorce, and me being liable for none of her debts, I inadvertently signed a Quit Claim Deed to our property together. With the oral stipulation being that My daughter and my son would each get an acre of property each. (My ex now resides on the acre that was promised to my daughter) Of course, she is now claiming no knowledge of oral aggrement. The divorce decree is pretty cut and dry. What are my legal options? Can I claim signing under duress?

earlmoore · May 5, 2009, 01:07 PM

I have nothing in writing... However, I have been paying rent(on time) For 7 years to my daughter. With the stipulation.. (verbal between me and X) that the land would go to her whem X paid off debts. As I said, I signed a quit claim deed to X giving her the right to refinance land to pay off her debts that she incurred while we were married... Should I subpeona daughter to verify this?

TY EM

earlmoore · May 5, 2009, 01:15 PM

It's pretty apparent that she is going to get the property.. However... I have another dilemma. Aforementioned property that I signed in a quit claim deed to her abbuts my other 2 acres that I want to put a home on. The driveway that would let me get to my property May or may not interfere with her deed. How would I figure this out? I am in Blount County Tennessee. Who should I call? Is there such a thing as A "Right-Of-Way clause??

TY EM