Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have been served an eviction summons to appear in court. I…

I have been served...

I have been served an eviction summons to appear in court. I have been in contact with my landlord. Im just waiting on my check from my job to be able to pay rent. I wanted to know what options the judge will give me if I haven’t been able to pay before my court date

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok

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

It’s in Tennessee

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

No it’s just for non payment of rent. The exstension I needed was too long. And in the lease I waived away the 14 day notice. So I know I have to go to court. I may be able to have the money before hand but I am unsure. Should I come to court with as much money as I possibly can

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

No that is all

Show More
Show Less
Ask Your Own Legal Question
Answered in 13 minutes by:
3/23/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,063
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

In Tennessee, eviction proceedings may only begin after the landlord provides you with written 30 day notice that states if rent is not paid within 14 days, then the lease will terminate and a legal eviction will be pursued. However, this time is not required if the tenant waives notice. This means the notice of potential eviction proceedings can begin even if the rent is only one day late as long as the landlord properly informs you. This portion of the law can only be circumvented if the landlord and tenant have a written agreement stating otherwise.

.

If you don't pay the rent, the landlord can give you written notice only one day after it is late. A Detainer Warrant is served upon the tenant by the sheriff and requires a hearing within six days. Service is usually accomplished by "tack and mail", i.e., the sheriff's posting a copy of the affidavit on the door and mailing a copy to the tenant at the property address.

..
A hearing is set, usually within two to three weeks after service. A default judgment is usually awarded in favor of the landlord if the tenant does not answer the warrant or appear in court. If the tenant appears, a trial occurs.

.

Once these facts are proven, if the landlord proves his case he will be granted a judgment declaring he is entitled to possession of the property. The judgment becomes final in ten days if the tenant files no appeal. Assuming a judgment for possession is entered in the landlord's favor, a Writ of Possession can be issued by the court after 10 days if the property is still occupied. The Writ of Possessions authorizes the sheriff of the county to physically remove the occupants of the property and any person property found on the premises. Once the writ has been issued and sent to the sheriff, the eviction can be scheduled. A labor crew, supplied by the landlord and supervised by the sheriff, carries out the eviction. On the scheduled eviction, the personal property is "set out" on the curbside.

So you are looking at probably a month for him to be able to legally force you out..

.

If this is strictly about money, it would be up to the landlord whether or not they would agree to accept the rent to continue the tenancy.

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 29 days ago
If the apartment is willing to work with me can the judge grant me a time period to pay the unpaid rent and be able to stay

No, he can only grant a judgment for the landlord or dismiss the case against you if the landlord doesn't prove his case..

.

The judge doesn't have the power to negotiate a settlement.. But he could refer the case to mediation before hearing it to see if you could work out a private settlement..

Ask Your Own Legal Question
Customer reply replied 29 days ago
Should I get a lawyer or appear in court alone?

Honestly... it will be about whether you paid the rent or not...and whether the landlord will give you a chance to pay it off to stop the eviction...

.

So paying an attorney $700-1000 to show up won't help much and that money would be spent much better in offering it to the landlord in mediation

Ask Your Own Legal Question
Customer reply replied 29 days ago
Ok thank you for your help

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,063
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,063
41,063 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Auto title question: I'm buying a used car, the title is in
auto title question: I'm buying a used car, the title is in the seller's alias name, the seller's son is signing as POA, the POA is for the seller's legal name. Will DMV accept this POA?… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,174 satisfied customers
We purchased a mobile home not as described and the title
We purchased a mobile home not as described and the title turned out to be retired now the person is telling us he got another title and wants us to accept it and skip the title transfer from the owne… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Have a question about liens and title insurance. North
have a question about liens and title insurance JA: What state is this in? It matters because laws vary by location. Customer: North Carolina JA: What steps have been taken so far? Customer: none just… read more
Lori
Lori
Juris Doctor
1,062 satisfied customers
We sued our neighbor in an Adverse Possession case. They
We sued our neighbor in an Adverse Possession case. They submitted to dismiss. The dismissal was upheld. Can I appeal? If so what's the process?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers
Is a parent allowed to transfer title of their home to a
Is a parent allowed to transfer title of their home to a child prior to admission to a nursing home? If so what is the time line requirements? Mom has provision that the home goes to me in her will. P… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
481 satisfied customers
Is possible it to change the title of a house owned by a
Is possible it to change the title of a house owned by a deceased person without going through probate?There is still a mortgage owed on the house which is in New York and the deceased only had two su… read more
Barrister
Barrister
Attorney
41,063 satisfied customers
NJ. REGARDING A PURCHASE AND TITLE OF USED VEHICLE. I
NJ. REGARDING A PURCHASE AND TITLE OF USED VEHICLE.I purchased a used vehicle from a private seller in NJ. The vehicle has 83000 miles. When I went to DMV, I inadvertently checked the box on the Title… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
481 satisfied customers
I have a question about adverse possession in the state of
I have a question about adverse possession in the state of arizona … read more
Barrister
Barrister
Attorney
41,063 satisfied customers
I received a ticket for misdemeanor possession of marijuana
I received a ticket for misdemeanor possession of marijuana in Mi 7 years ago. The State Police officer told me I could pay the ticket when I got home in Ky. I was in Mi because I was critically ill a… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers
Does the "State Government" exception to Adverse Possession
Does the "State Government" exception to Adverse Possession include Local Government, such as a Township? … read more
socrateaser
socrateaser
1,031 satisfied customers
How many years do I need to ask for an adverse possession in
How many years do I need to ask for an adverse possession in az … read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,423 satisfied customers
Lost title owener died how do I get and transfer title.
lost title owener died how do I get and transfer title … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
The title to a motorcycle was signed over to me in November
The title to a motorcycle was signed over to me in November by my boyfriend. He continued to use the motorcycle and kept the bike registered and insured in his name with plans of switching everything … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
If I am in possession of the title to my car, am I
If I am in possession of the title to my car, am I considered the legal owner? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
Local agency possesses Easement document and use it to
Local agency possesses Easement document and use it to approve a permit. Is this document a public record? Thanks.… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,153 satisfied customers
I have a quick question - I am in possession of a title for
hello, I have a quick question - I am in possession of a title for a 1977 Peter Belt truck that my husband bought but was leasing to our driver. We are listed as the first Lienholder in the state of N… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers
I was arrested for possession of false identification. At
I was arrested for possession of false identification. At the time it was considered a crime in the state of NH. Since that time they have changed it to a misdemeanor. Does this mean I no longer have … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
Signed auto lease agreement but have not taken possession.
signed auto lease agreement but have not taken possession … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x