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    Sar89's Avatar
    Sar89 Posts: 1, Reputation: 1
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    #1

    Nov 12, 2012, 03:36 AM
    Illegal eviction
    What if there is two people on the Lease and one is someone's fiancé that moved in and is not on the lease, but the other roommate kicked that person out without giving a 30 day notices or doing it the legal way to get a written notices? What are the rights for that person to be to have a say if there fiancé can live with them or not? And Im going for Tennessee laws and rights.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 12, 2012, 04:31 AM
    Hello S:

    The person doesn't have to leave, and if they already did, they can sue for false eviction.

    If you'd like better advice, start your own thread and explain in more DETAIL exactly who said what to who and who moved in when.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Nov 12, 2012, 05:24 AM
    First, its not a good idea to piggyback your question on another thread. To avoid confusion I've moved your post to its own thread.

    It depends on the several factors that you haven't given. How long did the fiancé live there? Was there anything in the lease about number of occupants? Define what you mean by "kicked out"?

    TN law requires legal notice. However, a landlord can just tell a person to leave and if the person leaves, that was up to them.

    Please provide more details so we can help.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Nov 12, 2012, 06:26 AM
    The roommate who expected to enjoy a two bedroom apartment with one and only one roommate has a right to that expectation under the law, and depending on how long the 'fiance' managed to stay there, he or she can be considered a trespasser.
    (If I were the judge, I would have no sympathy for this fiancé weasling in.)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 12, 2012, 06:46 AM
    Quote Originally Posted by joypulv View Post
    The roommate who expected to enjoy a two bedroom apartment with one and only one roommate has a right to that expectation under the law, and depending on how long the 'fiance' managed to stay there, he or she can be considered a trespasser.
    (If I were the judge, I would have no sympathy for this fiance weasling in.)
    While I tend to agree with you on an ethical standpoint, the legal issue is different. The roommate had no right to kick out or even legally evict the fiancée. The roommate cannot act without the agreement of the other roommate unless a court order is obtained.

    As I said, we need more details here.
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