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michellelynn · Feb 22, 2009, 03:49 PM

My mom has a place and the last time rent was paid was on Jan. 21, 2009; and they paid the rent up from being a few months behind on the payments. She has found someone to buy the place and the renters refuse to leave with out some type of eviction notice. There have been many verbal notices and are wondering about the laws and steps to proceed in. This months rent was due on Feb. 6 and they are refusing to pay again. The place is still being mortgaged at the bank and it is causing my mom problems to pay the payment since the rent is the same price as the bank statement. What should we do?:confused:

ScottGem · Feb 22, 2009, 04:03 PM

Go to your local housing court and ask what is While the process for eviction. While the process varies, it generally goes like this:

Serve tenant with a pay or quit notice giving them 3-10 days to pay up or vacate or give then a 30-day lease termination. The disadvantage of the pay or quit is, if they pay they forestall the eviction. If you choose the lease termination (assuming they are on a month to month lease) then they don't get an option to stay, but it will take longer to get them out.

If they haven't left by the deadline, then you need to go to court for an eviction order. How long that takes depends on how backed up the courts are.

twinkiedooter · Feb 22, 2009, 04:03 PM

You can't give verbal notices to the tenants to pay up. You must give written notices to them and then when the rent is not paid, take them to court and get an eviction.

Fr_Chuck · Feb 22, 2009, 07:56 PM

IN Tennesse, at least in the counties I had rental property, the Sheriffs office was where you got your eviction paper work and filed it there, in some I am sure it is at the clerks office

But you have to give a 10 day notice to pay or quit if they are not paying.
But they have the option of staying if they pay.

If you want them just out, I have found I always had to give a 30 day notice to force them to move and not give them the chance of paying
I have tried and always lost if they fought it in court, but to be honest few actually show up in court to fight

After you give them notice if they don't move ( and few ever do) then you have to file for a formal eviction in court, they are served notice by the court and a hearing is set.

At that hearing assuming you win, they are given normaly 3 days to be out, after that the court sends someone over to watch as you have their beongings put to the curb of the street.