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