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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

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Answered in 13 minutes by:
3/23/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,596
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

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Customer reply replied 4 months 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..

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Customer reply replied 4 months 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

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Customer reply replied 4 months 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: 42,596
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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