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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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In the state of TN is it Nec. to allow the tenant additional

Customer Question

In the state of TN is it Nec. to allow the tenant additional time to make payment due the first of the month
The rent is due the first of each month and I have now received a cashier's check on the 18th of this month after repeated ,"the check is in the mail". This is pretty much a repeat of the previous mt.
The tenant has only been in the house since 04-11-16. they paid the prorated amount for the remainder of of April at the time they moved in and the the following 2 were late as described above. Other than the late payments they have continued to disregard the" Keep off private property" signs they or their guest ride 4-wheelers over the adjacent to their rental onto our private property.
I would like to get this tenant out of the rental as soon as possible. what do youadvise?.
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 8 months ago.

Dear Customer,

Absent a "grace period" written into the lease, rent is due on the date noted in the lease. If not received at that date, the landlord can issue a "30 day notice to pay or quit"

If the tenant does not pay within the 30 days, the landlord can then evict the tenant.

If the tenant fails to pay on time a second time, the landlord can then issue a 14 day notice.

If the tenant is breaching the lease repeatedly, or is breaching the lease by some other conduct (damaging property, disregarding posted rules, trespassing (or allowing their guests to trespass), etc.), then the landlord can issue a 30 day notice based on this conduct.

There are sites (such as this one: https://www.landlordguidance.com/eviction-notice-forms/tennessee-eviction/ that can be of great help for landlords that are working through the eviction process because they have all the forms in one place and help you keep track of deadlines and procedure, but you do not need to use a pay for use site, you can find the same information in your county law library).

The overall process works like this:

  • Terminating a tenancy-

    1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property).

    2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge.

    3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction."

    4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").

Customer: replied 8 months ago.
If I mail notice to terminate showing no reason and I give them 30 days and I cash the cashier check they sent for June rent and the .tenant refuses to vacate the property. Then do I send them a Eviction Notice and have to give another 30 days.Instead of the above can I send a notice of increase of monthly rent starting June 1, without providing any reason. for the increase. and would the have any thing to do with what we rent the house for in the future ?
Expert:  CalAttorney2 replied 8 months ago.

If you are mid-lease term (so if they have a 12 month lease), you have to give them a reason. (It must be a "for cause" termination of the lease).

Your cause can be violations of the lease agreement, including things such as destruction of property, etc., but you need to give a reason.

If you want to increase rent, you must give notice, but again, you cannot do this mid-term (so if you are part way through a 12 month lease you have to wait until the end of 12 months to raise rent).

Customer: replied 8 months ago.
I will have to return to this later Thank you.
Expert:  CalAttorney2 replied 8 months ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service (the series of 5 stars next to the chat window) so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill

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