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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31662
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Received 3 day eviction notice n regular mail. I have lived

Customer Question

Received 3 day eviction notice n regular mail. I have lived here for 12 yrs-always paid rent on time-live by myself-keep apt clean, no loud noise-I'm 64 yrs old, have cancer and cannot afford to move and I'm on Section 8.property manager said I threatened her and vandalized property, which I did not, this is in retaliation for telling her that she is renting to drug dealers and prostitution here and they are harassing me because they found out that I informed the police and some of them got arrested. Since then, I have been attacked n my home, and told to keep my mouth shut r else. When pushed by attacker.I fell and hit night stand and severely injured my right arm, did not report because of fear-but I showed it to my therapist one week later and it was looking very severe-I told her that I did not report to police cause of fear. I have had my lock changed 3 times, and my next door neighbor, who was manager n 2004-5 for about a year, until people started complaining, she apparently made copy of master key. I'm a cancer patient, very weak, what can I do to keep my apartment. I have no where to go. I will lose all belongings and I have 13 year old service dog, who is n apt legally. I'm on disability benefits-I need someone immediately to help me. I live in Nashville, TN-Davidson county.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Roger replied 11 months ago.

Hi - my name is ***** ***** I'm licensed in Tennessee. I'll be glad to assist.

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

Customer: replied 11 months ago.
Customer: replied 11 months ago.
Do not want you to call me-give me advice online
Expert:  Roger replied 11 months ago.

Ok. As I'm sure you know, if you are month to month, you're only entitled to live there 30 days at a time......so the landlord can terminate your tenancy and order you to vacate the property with proper notice.

That said, IF you believe the termination of the tenancy is retaliatory in nature, you could fight the removal by filing suit against the landlord for retaliatory eviction.

Expert:  Roger replied 11 months ago.

Here's a good link you can read about this issue: https://www.nolo.com/legal-encyclopedia/tennessee-state-laws-prohibiting-landlord-retaliation.html

Customer: replied 11 months ago.
They gave me 3 day eviction-what renters group r lawyer can help me keep my apt. I'm on disability for cancer and mostly bedbound-cannot afford lawyer, on Section 8, will lose Section 8, if evicted.
Expert:  Roger replied 11 months ago.

If you can prove retaliation, you could defeat having to vacate, but if you can't prove it, the law is going to require you to vacate.

Expert:  Roger replied 11 months ago.

The best thing to do is to contact the Tennessee Bar Assn (which is in Nashville) and ask for help locating a legal aid or pro bono lawyer in your area to respond to the landlord and advocate for you.

Customer: replied 11 months ago.
Do I have to vacant n 3 days?
Expert:  Roger replied 11 months ago.

If you're not out within the time demanded, the landlord would then have to file an eviction.....and that's when you can raise your retaliation argument to the court.

Customer: replied 11 months ago.
How long does the eviction take and what are the legal steps the landlord must take and how long do I have to vacate
Expert:  Roger replied 11 months ago.

Usually, an eviction takes at least a month.

The landlord would file a petition for eviction/possession in general sessions court and you'd then be served and given a court date to appear. You could then file your response and claim retaliation and go to court for your trial. The judge would decide the issue in court and then enter an order. If you were to lose, you'd have around 10 days after the hearing to vacate.

Expert:  Roger replied 11 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Customer: replied 11 months ago.
What about the apt owner not keeping me safe-ppl coming n my apt when not home-being attacked n my home and arm severely injured. Afraid to make police report, cause of threats of harm from attacker-therapist saw it, made police report recently because of harassment getting worse-made police report of attack.
Expert:  Roger replied 11 months ago.
The landlord isn't required to ensure your safety. That said, if the landlord doesn't provide adequate lighting, doesn't address disturbance complaints, doesn't seek a police presence, etc., you could claim that the landlord is negligent is providing a reasonably safe environment.

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