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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26126
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I am being evicted from Rhea County Tn, RV park because my

Customer Question

I am being evicted from Rhea County Tn, RV park because my landlady and I got into a dispute. she called me and "I am evicting you, be out by OCT.1st" She thinks this is best. I have been here a year and a half, paid my rent on time, never late, and have had no complaints. Is this legal? She did give me 30 days verbal notice, but mailed written notice to my home in Texas knowing I do not reside there.
Submitted: 10 months ago.
Category: Family Law
Expert:  Roger replied 10 months ago.

Kirk Adams :

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney in Tennessee. Thanks for your question, but I'm sorry for your trouble with this matter.

Kirk Adams :

Do you have a written lease, or are you month-to-month?

Customer:

yes I do have written lease that requires a 30 day notice

Kirk Adams :

Ok. Thanks. The law requires that the 30-day notice be given to the tenant in writing in order to terminate a month-to-month lease. This 30 day notice is required to run from rental due date to rental due date.

Kirk Adams :

In other words, if rent is due on the 1st, the 30 day notice couldn't be given on the 15th of the month. Instead, the landlord would have to wait until the next time rent is due and give notice on that day.

Kirk Adams :

Here's a link to the statute:

Kirk Adams :

66-28-512. Termination of periodic tenancy -- Holdover remedies. (a)


The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten (10) days prior to the termination date specified in the notice. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the periodic rental date specified in the notice. (c) If a tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession, back rent and reasonable attorney's fees as well as any other damages provided for in the lease. If the tenant's holdover is willful and not in good faith, the landlord, in addition, may also recover actual damages sustained by the landlord, plus reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, § 66-28-201(c) shall apply.

Customer:

I did not receive a written notice until after the first, in fact I still don't have one because they sent it to my home address in tx. not my rental address in tn.

Kirk Adams :

So, if rent is due on the 1st, you would have had to be given notice at least by September 1st if you're supposed to be out by October 1st.

Kirk Adams :

Also, if she didn't give notice to you at your residence - - where she knows you are - and instead sent it to Texas - it is very likely that the notice is not valid.

Kirk Adams :

There's no proof that you ever got it, actually. Even if it was sent certified mail, you never signed for it in Texas.

Customer:

is it legal to evict someone just because you don't like them.

Kirk Adams :

On a month to month tenancy, the landlord can evict a tenant for any reason or for no reason at all SO LONG AS it is not discriminatory based on race, sex, age, disability or religion.

Customer:

also, if I move before the first and my rent is paid till the first , can they rent my space

Kirk Adams :

So, yes, the landlord could terminate your tenancy just because she doesn't like you.

Kirk Adams :

If you move before the first, and they rent your space BEFORE your lease is up, you'd be entitled to your money back as the landlord cannot collect double rent for the same space - - that's called unjust enrichment and is illegal.

Customer:

thank you god bless.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26126
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 7 other Family Law Specialists are ready to help you

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