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

    Aug 16, 2009, 12:08 PM
    Tenant's rights
    I am late w/ my rent 10 days.Landlord gave me notice to move out in 15 days.The lease says she can enter the property if rent is not paid on due date.Can I just send her a money order to avoid eviction? Memphis TN
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Aug 16, 2009, 12:14 PM

    No she can not just enter your place.
    When the 10 days are up she most likely has to go to court and get another eviction notice for another 10 days (if that is your state law and the order you got was not court ordered)
    Then after the court order is up the sheriffs come and make sure you left.

    She can not just start coming in without prior notice to you.

    Yes if you get her paid up then she can not evict you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 16, 2009, 12:43 PM

    You need to check with your local housing court for the exact procedure for evictions. Generally the procedure works like this:

    1) Give tenant a 3-10 pay or quit notice or a 30 day termination notice.
    2) If tenant has not complied with the notice, then the landlord needs to file for an eviction order.
    3) A hearing is scheduled and an eviction order is issued unless the tenant can show cause why they shouldn't be evicted.
    4) If tenant still doesn't vacate a sheriff is hired to physicallt remove the tenant.

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