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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99416
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my paralized nephew has recieved a letter from his apt complex

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my paralized nephew has recieved a letter from his apt complex evicting him, his home help nurse thought he was suicidal, called a swat team, they came cuffed him, lasers pointed at him, no charges were filed, they search apt and found nothing it was because she over reacted, yet the letter says he has 4 days to get out i am his aunt, what can we do
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your nephew's situation. Can you please tell me what the reason is for the eviction? What do they formally state as the reason?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

because the swat team came out, a safety problem for other tenets

Thank you. One more question, please - is this simply (1) a letter, or (2) a summons to the Court?
Customer: replied 3 years ago.

a letter from complex attorney

Thank you, Vickie.

Under TN's landlord/tenant law, more specifically 66-28-401, a tenant cannot "act in a manner that will not disturb the neighbors' peaceful enjoyment of the premises." If they do, it may be actionable for eviction.

However, this is all that is stated. The rest is subjective on a case by case basis.

What happened was all an overreaction, caused by not even him, but his caretaker. Ergo, it is arguable if this falls under 66-28-401.

Someone in his situation (or whoever is acting as his agent) may wish to argue that:

1) This did not qualify as disturbing the peace of others under 66-28-401;
2) The eviction court would agree; and
3) He would fight the eviction and may get the local media and/or an attorney involved.

For you see, it does not matter that the apartment management claims this was a violation of 66-28-401, but it matters what the Court thinks in the end. They are hoping he would just leave and this be the end of it. If the management sees that he is not going to back down and will challenge the eviction and make a large commotion over this, including embarrassing them in local media, they may just back down and let it be...

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 3 years ago.
How can i get back to you after I meet with the complex manager this afternoon
By all means.
Ely and 5 other Legal Specialists are ready to help you

I see that you already rated, but do not worry, you can till ask free follow ups - just REPLY after meeting with the complex later on...

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