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insearchoftheanswer
insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 55014
Experience:  Lawyer; developer/owner of RE developments.
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I am 19 years old my parents and I along with my fiance have

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My name is ***** ***** I am 19 years old my parents and I along with my fiance have gotten into a disagreement they have given me two days to move out of the house completely but I thought under Tennessee state law without an eviction notice from the judge it was a 30-day time. From the initial notice is this correct because I am not just living here free I'm paying the cable and part of the electric or part of the water as well basically any bills that are not covered I am paying for. please respond
Submitted: 12 months ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 12 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  insearchoftheanswer replied 12 months ago.

You are absolutely correct. When there is no lease and whether or not you are paying rent, you are legally considered an "at will" tenant, which is treated legally as a month to month tenancy. As such, under Tenn. Code Ann. § 66-28-512,, they must give you at least 30 days written notice to terminate your tenancy. Then, if you don't leave, the law does not allow them to forcibly evict you without obtaining an eviction order from a court. What that means is that if termination date comes and you do not move out, they cannot simply change the locks or throw your things out. Rather, what they have to do is to first deliver a 10-Day Notice to quit...which basically says you have 10 days to leave or face eviction. But, if you still don't leave, they must then file an unlawful detainer petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can the landlord have the tenant evicted.

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