My grandparents purchased a property which has two mobile homes on it that are rented out. Both of the mobile homes were occupied at the time of purchase. One of the families that rent one of the mobile homes pays on time and keeps the property clean. The other, however never pays rent on time and keeps the property a mess. The lady has a job and also collects disability. I'm not sure how she can do both. But anyways, she says that she can not be evicted and can stay at the property for 3 months before she has to move, which makes no sense to me. The property is in the state of Tennessee. Everywhere that I have lived in Tennessee says that if you don't pay your rent, the landlord can give you an eviction notice and you have 30 days to vacate the property. Is she stating that she doesn't have to vacate for 3 months because she's on disability?
2007-08-30 04:58:37 · 11 answers · asked by Cynthia E 3 in Business & Finance ➔ Renting & Real Estate
The previous owner of the property didn't have a lease agreement with the present tenants. Can my grandparents impliment a lease agreement being that they are the new owners?
2007-08-30 04:59:46 · update #1
the laws in each state/county are somewhat the same, but all have caveats to them. Without a lease, whether disabled or not, the new owner can evict for re-possession of their RE property just by giving 3-30day notices. It can take up to 3 months to get the sheriff out there to evict if the tenant puts up a fuss and counterclaims in court about disabilities or whatever they can con-cock up.
each appearance in court usually costs you a 2 week put over to the next appearance, even tho the person has no case, she will as well as you must have your duck's in a row to beat each out to get them out earlier...but you will soon prevail.
sometimes its worth the time & effort to get rid of a thorn in your side, rather then itching it , just do major surgery and unload the bad apple.
Check with the local paralegal that handles evictions (cause it has to be done right) as they are cheaper than attornies and get the ball rolling. Give her the papers right after she pays rent and then your working on her 30days of paid rent. And if she has any deposit up, you'll have that to use also.
make sure you document everything so you have plenty of ammo to use in court. (present)
as for leases, never offer leases to those who are poor pay, in addition, always offer MTM to those you suppect will be a problem or not at all.
further, you can put tenants on trial for 90 - 180 days b4 offering lease pkgs to them for a lengthy stay.
If you offer a lease, you stableize their rent for that `period and if you wanted to raise rents, you couldn't...best policy is MTM only!
see ya
2007-08-30 05:48:52 · answer #1 · answered by CW L 3 · 1⤊ 0⤋
Well, they're both right, sort of. He can send her an eviction notice and give her 30 days to move out - but she can choose to physically stay there until the courts grant an eviction judgment. That COULD take months - and she could also stop paying rent in that time.
I'd have your grampy consult a lawyer to see what's best to do in this situation.
2007-08-30 05:07:45 · answer #2 · answered by Roland'sMommy 6 · 0⤊ 0⤋
call her bluff let a judge make that decision, first if their is no lease, then the state assumes you have a month to month notice
I would go the route, give her a month notice in writing that you are terminating the lease, then after a month if she has not moved out file for eviction, during this time if she fails to pay rent you can also move for that as well,
2007-08-30 05:45:05 · answer #3 · answered by goz1111 7 · 0⤊ 0⤋
The new landlord has to honor any existing lease. Without a lease, it is month to month rent arrangement. If she fail to pay the rent on time, she can be evicted in 3 days. Any local real estate lawyer can help you with this. Do NOT wait. Failure on your part to start formal eviction quickly could be used as a defense in court that you really didn't care if the rent was late or not paid at all.
2007-08-30 05:09:19 · answer #4 · answered by Thinker 7 · 0⤊ 2⤋
Most locations allow the landlord to evict on 30 days notice. But if the tenant just refuses to move, it usually takes additional time to actually get them out. That's probably what she's talking about.
2007-08-30 05:30:31 · answer #5 · answered by Judy 7 · 1⤊ 0⤋
The only reasons I know of that can get in the way of evicting a person is if they require special housing or have kids in school.
If this person isn't in a wheel chair she's probably trying to pull one over. Sad fact many people with "disabilities" needlessly ride the system for as much as they can get.
2007-08-30 05:10:23 · answer #6 · answered by Anonymous · 1⤊ 0⤋
As to your second question, yes, your grandparents can ask the tenants to sign a lease agreement. Although, I wouldn't recommend offering the lease to the bad tenant.
2007-08-30 05:32:14 · answer #7 · answered by bdancer222 7 · 2⤊ 0⤋
disability or no disability give this deadbeat 30 days notice. here are the legal forms, ur grandparents cant serve her someone else like u could http://www.blumberglegalforms.com/Forms/415.pdf
then after 30 days take notice to court, file an eviction and she'll be gone. i suggest telling her u mean business and she can continue to drag her feet but you are going to do everythign in ur power to have her booted out.
2007-08-30 06:12:57 · answer #8 · answered by spadezgurl22 6 · 1⤊ 0⤋
She has no lease so all your Grandparents have to do is give her written 30 day notice to move!
2007-08-30 05:07:20 · answer #9 · answered by wish I were 6 · 1⤊ 0⤋
I would guess she is referring to the length of time that it takes to get someone out through the legal system. It can take up to a couple months. Best of luck!
2007-08-30 05:22:22 · answer #10 · answered by sweetsum691 5 · 0⤊ 0⤋