Evicted Without a Breach of Lease, and Needing an Extension
My question involves an eviction in the state of: Tennessee
Hello all,
We (me, my wife, and two children) have been renting a house for the past 11 years. We are also building a house, which is supposed to be completed between between July 1st and the 15th. Last week our landlord said he was moving his son into our rented home and would be giving us an eviction notice to be out by June 1st.
I explained to him that we would need a little longer because our new home wouldn't be ready yet. He shrugged it off and left. We have looked for housing, but all rental property requires a year lease and hotels/motels are either too expensive or in a bad part of town where we would feel unsafe.
My question is, is there a legal way to extend the eviction date the 30 - 45 days needed for our house to be finished, considering that we have always paid rent on time and have never had any problems with the landlord prior to this?
Thank you for your advise
Re: Evicted Without a Breach of Lease, and Needing an Extension
well, the landlord must provide a written notice at least 30 days prior to the date of termination. If he does not provide it in writing, it is not effective.
If you retain possession after the date of termination, the LL must resort to the courts assistance to have you evicted. I honestly do not know how quickly the courts act in evictions. In some states, the time is quite quick, around a week. In some others, a month or more is not uncommon.
The problem with initiating an unlawful detainer situation is, you then become liable for the LL's damages. That would include the legal fees as well as any costs incurred as a result of not being able to possess the home. Seems like it could get quite expensive quite quickly plus you will have an eviction on your credit record.
so, to answer the basic question: is there a way to legally force an extension of the date of termination?
No,
Re: Evicted Without a Breach of Lease, and Needing an Extension
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The problem with initiating an unlawful detainer situation is, you then become liable for the LL's damages. That would include the legal fees as well as any costs incurred as a result of not being able to possess the home. Seems like it could get quite expensive quite quickly plus you will have an eviction on your credit record.
Are all these consequences a definite (legal fees and eviction of credit record)? Would my best course of action be to wait until he sends a written eviction notice and then ask him to reconsider or to preemptively contact him and, in essence, beg him to give me an extension? Would it do any good to contact a lawyer once I get the eviction notice or would I just be incurring more legal fees for no good?
Re: Evicted Without a Breach of Lease, and Needing an Extension
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=ehagood;411122]Are all these consequences a definite (legal fees and eviction of credit record)?
if he has to sue you for eviction and requests the fees, yes
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Would my best course of action be to wait until he sends a written eviction notice and then ask him to reconsider or to preemptively contact him and, in essence, beg him to give me an extension?
that's up to you but I would think waiting until a notice is served, the less chance there is of being granted an extension.
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Would it do any good to contact a lawyer once I get the eviction notice
It would do good for the lawyer. They like money, especially for not really having to do anything and there really isn't anything they can do for you.
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or would I just be incurring more legal fees for no good?[
Ya, pretty much.
You might consider offering the LL a bonus payment if he lets you stay beyond the intended date of termination. aka bribe him.
other than that, I got nothing for ya.