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We have a tenant that has been late on their rent on several…

Customer Question
We have a tenant...

We have a tenant that has been late on their rent on several occasions and has not been in the property a year yet, had someone else staying in the property that is not on the lease, very rude toward the property manager and the previous property manager lost the spare set of keys to the property and we told them we needed them to make another copy and they totally refused because they said they did not want us coming in there . I did explain that the landlord/owner always need copies of keys to their property for maintenance and emergency reasons. I did let then know that for maintenance we will always give a 24 hr notice. So the landlord/owner is now ready to terminate their lease and not accept April rent and ask them to vacate. Give them a notice today, what landlord rights do we have?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Tennessee

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The landlord is responsible for maintenance on the property. The tenant does not tell us about any maintenance but we wanted to do a walk thru the other day because the owner had the property up for sale and we called and left a message given them the notice but when the realtor went by 24 hours later, they would not let him in. When asked could I pick up the copies of keys today, she told me no and I would have to let her know when we would come by because they do have some things that need to be fixed. She was not detailed into what specifically

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, just do we have grounds to terminate the lease and we do suspect their may be illegal activity going on there.

Submitted: 3 months ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
3/13/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 12,424
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

This sounds like you may need to begin the eviction process. This is a right that every landlord has and if you did not authorize these people to live on the property, then you should begin eviction proceedings immediately on those grounds.

The eviction process applies to all landlords and tenants and the law does not concern itself whether the agreement is in writing or whether the tenant has paid rent. Eviction procedures also apply to tenants and subtenants as well. Regardless, although a landlord will have to go through eviction procedures, the landlord must pay special attention to some important legal concepts.

Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective; in most cases it is at least 30 days. In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation under the Fair Housing Act. So, if you are going to evict, you must be very careful that you’re providing enough time and doing it for the right reasons. Regardless, if a tenant fails to pay the agreed upon rent, is at the end of their tenancy, or is not performing promises in the agreement, then you can evict.

If you click here, you can see the variety of eviction notices that are available to you depending on your situation.

How else can I help you today?

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

Hi, I just wanted to follow up to see if you had any questions for me regarding this at all now that it's been a few hours?

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