HELP! Being evicted for no reason

[frivvy89]

What is the name of your state? Tennessee

I just moved into this house for rent on 6-28-07. Before I moved in the landlord stated that he sprays for insects every 3 months. On 7-09-07 at about 10am My wife and I heard a knock at the door that woke us from our sleep. After getting up and looking out the window to see who it was. I noticed it was the landlord. By the time I put on my pants, he was coming in the backdoor since my front screen door was locked, and walking through the house with a pest control worker. My wife was still in bed as he walked in our bedroom without knocking. It upset us both. So, I waited until he finished and was getting into his vehicle when I called him back to talk to him about it. I said to him, "This shouldn't happen like this anymore." He then said if I didn't like it, then I can pack my stuff and move out. About 2 days later, on 7-11-07 after checking the mail, my wife noticed a letter from the landlord stating my family and I were being evicted from the premises. What can I do about this situation? I haven't breached any contract nor did I disrespect the landlord in any way. We spent over $1,000 making this move and we don't have the money to just move all of a sudden.What is the name of your state?

 

[Hot Topic]

When he told you about the spraying, you should have gotten the dates it would be done and a timeframe, i.e., "Joe the terminator is going to come July 9th at 10 a.m." so you could have been prepared.

 

[Zigner]

Do you have a lease or are you renting month-to-month?

 

[frivvy89]

Re:

I am on a year lease. He said that he didn't know when the exterminator was going to show when I asked him. It's no where in the lease either. But he claimed when he showed up that the 3 month time to exterminate was this month. I think that was an excuse to come in.

 

[Zigner]

He is allowed to give you proper notice to move without any particular reason.
Google Tennessee Landlord Tenant Law

 

[frivvy89]

Re:

Doesn't he have to refund my money? I've only been in the house for 2 weeks. It cost more than $1,000 to move in the house. I don't have that kind of money to throw away.

 

[Zigner]

If he gives you proper notice, per your state's landlord tenant laws, then no, he doesn't have to refund anything due to the short period of your residency. Of course, he'll be responsible for the security deposit.

Again, Google the law for more information - most states have summaries online that are easier to understand.

 

[frivvy89]

Re:

I'm sorry the confusion. I stated earlier that I was renting month to month. Correction, I am on a one year lease. Does this change anything?

 

[OHlandlord]

Tennessee has no notice statute. That is, there is no rule in your state's law requiring LLs to give any specific notice prior to arriving at your unit to enter. It would be good business practice to give at least 12 -24 hours notice to you, but it is not required by your law. He can enter without notice during any normal business hours. 10 a.m. on Monday morning is a normal hour. I'd be keeping both front & rear storm doors locked when you are home to prevent this from happening in future.

Did you receive an actual eviction notice (3 day unconditional quit notice) or did he just give you 30 days notice to not renew your month to month tenancy and terminate the rental agreement? If he gave you the latter (30 day notice), he can do so. On a m2m he can terminate without any reason with only 30 days notice. Yes, he does have to give you your deposit back (minus any damges) within a reasonable time. Your state requires that he itemize any damages within 10 days, but has no statutory deadline for returning the actual deposit. The money you spent on the move is non-refundable. Only the deposit is refundable. Make sure you pay your rent for that last month, or he will file for an actual eviction based on non-payment of rent.

I don't believe this is very professional of your LL, however, his conduct is within his rights and your state law.

 

[justalayman]

why yes it does.

tell him you would be glad to move after your lease has expired or if he is wiiling to pony up the money it took for you to move. (as long as that is acceptable with you)

He cannot evict you for no reason.

What was the justification on the eviction notice?

 

[frivvy89]

Re:

I'm sorry but I am on a year lease. Can he still evict me be just sending a letter stating that I have 30 days to move for no reason?

 

[frivvy89]

Re:

The letter states no reason for the eviction. I will also close the other thread. I will just use this one.

 

[Accountable]

Call and ask him what grounds he is using to justify the eviction. If his grounds have no merit, let him take you to court for the eviction so that you can present your argument to the JP.

 

[frivvy89]

Re:

I will do this because he has no reason to evict us. We got the letter after I told him he can't just walk in.

 

[Accountable]

I imagine that if you tell him that he'll have to take you to court for the eviction, he may back down because I'm sure he knows he has no grounds. Have you carefully read the lease to make sure he didn't insert any loopholes to allow him to be such a jerk?