[geminisblue79]

I live in blount county in Tennessee. I have an oral rental agreement with the landlord. She got mad and told us that since there is no written agreement we are considered as tresspassing and she can throw us out at any time. I found one law site that said oral contracts was legal as long as the population was in a certain range or something like that. It got me all confused about what was an exception and what wasn't. If you could shed some light on this and what are the laws about the landlord doing up keep of property or us deducting it from the rent. Thank you very much for the help.

[ScottGem]

An oral contract is just as binding as a written one. The problem with an oral contract is proving it exists.

In your case that shouldn't be too hard. If you are paying rent, you should have cancelled checks or receipts for the rent (note, if you are paying by check or money order, make sure that the memo area says "For Rent of address" or your cash receipts say that). There may be other things like utility bills that show you to be a resident.

However, without proof of how long the agreement is for, you would be considered a periodic (month to month) tenant. This means that either of you could terminate the tenancy with one rental period's notice.

[geminisblue79]

We have written reciepts from the landlord and electric bills reciepts paid by cash and check. Also have water bills from all 3 rental properties on the same water meter that we must pay to keep our water on. Do you know if we can take the amount of the other tenants she has water bill and deduct it from our rent since we have to pay the entire bill. And thank you very much for the answer before.

[George_1950]

I live in blount county in Tennessee... what are the laws about the landlord doing up keep of property or us deducting it from the rent. Thank you very much for the help.

I don't believe there is any law on this so make certain you have a written agreement with the landlord before spending your money (and time) on upkeep.

[ScottGem]

we have written reciepts from the landlord and electric bills reciepts paid by cash and check. also have water bills from all 3 rental properties on the same water meter that we must pay to keep our water on. do you know if we can take the amount of the other tenants she has water bill and deduct it from our rent since we have to pay the entire bill. And thank you very much for the answer before.

This depends on what you agreed to. If you agreed to pay the water bill, then you are stuck. But if she is forcing you to pay for other properties, then she should be pro-rating it.

[geminisblue79]

You can go to this website and see what I was talking about about the population. I was a bit confused about if blount county met those requirements. Th population in blount in the 2000 census was 105,823. The link to the site is http://www.lawdigest.uslegal.com/lan...nant-act/5103/
You might have to cut and paste the link. I am not very good at this.

[excon]

Hello g:

The thing is, you don't have to PROVE anything to anybody.

Consider this: Yes, she says she can have you thrown out... but, whose going to do that?? Her?? Yes, she'll call the cops and yell and scream that there are tresspassers in HER house... The cops will run out there and find you living there. You'll show them your receipts, and they'll go away. They might even call her and yell at her. I would hope they would.

Therefore, if you can't be thrown out, then who cares what she says?

She CAN, however, terminate your periodic tenancy with a 30 day WRITTEN notice. If you don't leave then, she can go to court, get you evicted and THEN (and only then), will a sheriff come out to put you on the street. That won't happen till two or three months down the road.

I wouldn't worry about the water bills at this point. You ARE going to have to leave - just not right now.

excon

[George_1950]

you can go to this website and see what I was talking about about the population. i was a bit confused about if blount county met those requirements. th population in blount in the 2000 census was 105,823. the link to the site is http://www.lawdigest.uslegal.com/lan...nant-act/5103/
you might have to cut and paste the link. i am not very good at this.

I'm not able to open this page.

[ScottGem]

you can go to this website and see what I was talking about about the population.

It doesn't matter. You have proof that you are living there and paying rent. As long as you have that proof, she can rant and rave and call the police and they won't (and can't) do ANYTHING.