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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55708
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I am a tenant at a property where I have been five

Customer Question

I am a tenant at a property where I have been for about five months with my children and roommate. My name is ***** ***** the lease. Utilities and cables are in my name and I have receipts where I have paid toward rent by money orders. Because the roommate decided to up and leave and move now he's told me I need to be out by Monday or he's calling the police. In the meantime I reached out to the landlord who advised his concern is not with me its with his tenant because he's on the lease. While the roommate has told me he is not current on the rent there has not been a notice served to evict as of yet. Can the roommate or the landlord bring the police and just put me and my children out on the street
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
He has no legal right to do that and if he tries to move any of your stuff or take any other action to "constructively" evict you without an eviction order from the court, call the police and have him arrested. Even if a tenant is allegedly in default in the opinion of the landlord, the law does not allow the landlord to forcibly evict an occupant without obtaining an eviction order from a court. What that means is the landlord cannot simply change the locks or throw your things out. Rather, what the owner has to do under Tennessee law is to first deliver a 10-Day Notice to quit...which basically says you have 10 days to leave or face eviction. Then, if you don't leave within the 10 days, the landlord has to do is to first file a petition with the court for an eviction order. It typically takes anywhere from 15 days to a couple of months to get a hearing for this. You will get a notice of this hearing. Only if and when a judge has issued the eviction order can the landlord have you evicted. That will buy you a good bit of time to find alternative housing.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
Expert:  Richard replied 2 years ago.
I just wanted to let you know that I will be away for the next hour or so for my morning run. Should you have a further follow up, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.