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  1. #1
    Join Date
    Apr 2011
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    4

    Default When is an Eviction Notice, Delivered by Mail, Official in Tennessee

    My question involves an eviction in the state of: Tennessee

    We have been having issues with our landlords since we moved in.

    They live in Virginia and rent a house in Tennessee.

    I sent them a notice on April 9th that we would be moving on May 18th. I received a letter on April 15, 2011 notifying me that they were evicting us and giving us 14 days to leave. However, the date on the letter was the 11th, it wasn't mailed until the 13th, and I received it on the 15th. The letter says I have from 14 days from the 11th to move out but they didn't even send the letter until the 13th.


    In Tennessee, is the date effective on the day they wrote it, the day they mailed it, or the day I received it?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: When is an Eviction Notice, Delivered by Mail, Official in Tennessee

    If you plan to be out by the 18th, the question of whether they'll commence eviction proceedings on the 26th vs. the 28th seems irrelevant. I don't see anything that prevents service by First Class Mail, or that would apply a different date of service from the date of mailing, but they cannot claim to have given service based upon the date they place on a document that they don't actually deposit in the mail for two additional days.

  3. #3
    Join Date
    Apr 2011
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    4

    Default Re: When is an Eviction Notice, Delivered by Mail, Official in Tennessee

    Quote Quoting Mr. Knowitall
    View Post
    If you plan to be out by the 18th, the question of whether they'll commence eviction proceedings on the 26th vs. the 28th seems irrelevant. I don't see anything that prevents service by First Class Mail, or that would apply a different date of service from the date of mailing, but they cannot claim to have given service based upon the date they place on a document that they don't actually deposit in the mail for two additional days.
    The termination notice I sent was for the 18th of May and they are trying to evict us on the 26th of April. They countered a notice that we weren't going to sign another lease but were going to move out with an eviction notice for almost three weeks earlier. I am just trying to figure out what my option are. I specifically scheduled the date we were moving for the end of the school year.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: When is an Eviction Notice, Delivered by Mail, Official in Tennessee

    This notice is for what? Nonpayment of rent? If so, consider paying your rent.

    If you believe they have filed their eviction action too soon based upon the manner of their service of the notice, you can raise that as a defense to their eviction lawsuit.

  5. #5
    Join Date
    Apr 2011
    Posts
    4

    Default Re: When is an Eviction Notice, Delivered by Mail, Official in Tennessee

    I don't think I explained the situation very well.

    Multiple issues with landlords over a year including excessive charges, two months with limited or no electricity in house due to wiring issues and harassing phone calls. I had to get a lawyer involved to get them to admit they overcharged me for being late one time in last October. I had to place rent in a savings account while I negotiated with them over excessive fees and while we were going through this they sent me an eviction notice but rescinded it when they admitted to overcharging.

    On April 9th I contacted them through email and regular mail that I was not going to resign when the lease expired on May 1st. I did this to ensure that I followed the law and the lease by providing at least 30 days notice.

    On April 11th they countered with an eviction notice giving me 14 days to evacuate the premises. They wrote the letter on April 11, mailed it on April 13 but they gave me 14 days from the 11th. I do not intend to remain in the house but I cannot move before May 18th, the date I placed on the notification.

    These are my questions.
    1. Can they evict me in response to notification that I am not doing another lease in order to make me move sooner?
    2. If they signed in on the 11th and did not mail it until the 13th is it a legal eviction notice?

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