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

    Jul 8, 2008, 09:31 AM
    Eviction court order
    Is it illegal for my girlfriend to evict me and put my belongings outside without a court order?
    I ve obtain legal residents I paid the bills
    I live in tenn
    Todd
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 8, 2008, 09:39 AM
    If you evict a tenant or cut off services without a court order, the tenant may sue you for damages--and you might have to pay the tenant's lawyer.

    If the tenant violates the lease, you may send the tenant notice of the problem and give the tenant 30 days to correct the problem. If the tenant does not correct the problem, you may sue for possession at the time set in the notice. However, if you know about the problem and accept rent from the tenant without complaining, you cannot later evict the tenant for violating the lease for that reason--at least until you tell the tenant that the tenant must start following the rules again. You should give the tenant this notice in writing.

    If the tenant corrects the problem, but it happens again within six months, you may cancel the lease after 14 days' notice.

    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 the tenant cancels the lease before it is over, the tenant will owe the balance due under the lease. However, you must try to rent the property to someone else to offset your damages.

    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 only have to give a tenant three days' notice to leave if the tenant (or the tenant's guests) commit an act that is violent or dangerous to others; but even in this situation, you may not evict the tenant by force without a court order and may not cut off essential services to force the tenant to leave.

    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. Tennessee Evictions
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 8, 2008, 10:02 AM
    While it is not legal and nohelp explained how it is suppose to be done, I will say, that it does happen everyday, so if you come home and find all your stuff thrown out, it is a little late to worry "if they can" So if you are having trouble with a girlfriend/boyfriend relationship, and one wants you out, it is often best to move out as soon as possible, since we also tell people trying to throw someone out about getting restraining orders and the such, which can be on someone's record latter and hurt them.
    Or they get mad and do something with ends up havingthem arrested.

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