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  1. #1
    Join Date
    Jun 2007
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    369

    Default Tenant Moved Out - Can Occupants Remain in Residence if They Pay the Rent

    My question involves an eviction in the state of: TN
    I have been living in a trailer with my friend and mom for about 5 months. My friend had innitially paid the deposit and the first two weeks rent in full before losing his job. After that it rotated from week to week with my mom paying then him paying, then her paying then him paying a little less and a little less. I don't know what the landlords rles were on tenants but she was hard to reach and would neglect issues like for example a special needs neighbor not having heat.. Forty calls would get no call back no matter what, even non payment, a fire probably wouldn't bring her here. My friend left about a month agoc because his mom moved back to the state and he went to live with her, my mom continued to pay rent with money orders in her name. I get mail here and this is the address on my drivers license, my mom gets mail here too.

    Our landlord's partner the security guy has taken over since she was fired and now wants to know where my friend is and says we arent on the lease. He claims a deputy can put us out in twenty minutes. cAN he even technically do that if he hasn't even put my friend out and what is our legal recourse period as people who have lived here? If they do evict my friend and we are still here at the end of that do they need a separate court order to get us out?

  2. #2
    Join Date
    Dec 2012
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    1,026

    Default Re: Eviction from Friends Trailer

    It would appear you have enough documentation to indicate you do reside in the rental unit and as such, to get you out would involve the eviction process.

    Again, this is considered a civil, not criminal matter and a "deputy" would not put you out without a court order granting the landlord the right to do so.

    Gail

  3. #3
    Join Date
    Jun 2007
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    369

    Default Re: Eviction from Friends Trailer

    Quote Quoting gail in georgia
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    It would appear you have enough documentation to indicate you do reside in the rental unit and as such, to get you out would involve the eviction process.

    Again, this is considered a civil, not criminal matter and a "deputy" would not put you out without a court order granting the landlord the right to do so.

    Gail
    I appreciate you answering quick, the security guy was supposed to be here 20 minutes ago and had already got kinda threatening with my mom. I don't know if its because hes armed or why he acts like this.. He just pulled up. Thank you.

  4. #4
    Join Date
    Jul 2012
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    479

    Default Re: Eviction from Friends Trailer

    Anyone threatening you, you call the police. That's quite simple.

    Your post seems to indicate this is a weekly tenancy at will situation with your friend who moved out. That means the landlord need only give you a week's notice of termination in most states and then can file for an eviction.

    "I don't know what the landlords rles were on tenants but she was hard to reach and would neglect issues like for example a special needs neighbor not having heat.."

    Not clear what you mean by "rules were on tenants" (what matters is your contract, and you don't have one); the landlord being hard to reach and some special needs neighbor's issues aren't relevant to your situation.

    Your mom paying with money orders with her name on them doesn't mean she's created anything better than a weekly tenancy at will.

    You are free in the absence of further action to petition the local court with a complaint about the landlord's partner threatening you and asking the court to issue an order telling the landlord to knock off the nonsense and issue you a notice to terminate tenancy and then an eviction action if you refuse to move out -- as the process requires. That would be true in most states even if she hadn't been accepting rent with your mom's name on the money orders without questioning the named tenant about why someone else's name was on money orders. That's not dispositive of much other than possibly your friend getting someone else to pay his rent for him, in the absence of her knowing you moved in ... in violation of the lease terms, I'm sure.

    Your friend has moved out, so there's no need to "put" him out.

    No landlord that's sane would file an eviction action only against your friend had he NOT moved out if they know other people are living there. Even if they don't/didn't know your name, they would petition against "Joe Schmoe (named tenant) and John/Jane Does 1-5" to cover unknown occupants. (Actually, it's best to name John/Jane Does anyway to avoid getting to court only to find people arguing that they're residents at the place even if they weren't.)

  5. #5
    Join Date
    Jun 2007
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    369

    Default Re: Eviction from Friends Trailer

    Quote Quoting Foster_Foster
    View Post
    Anyone threatening you, you call the police. That's quite simple.

    Your post seems to indicate this is a weekly tenancy at will situation with your friend who moved out. That means the landlord need only give you a week's notice of termination in most states and then can file for an eviction.
    No its a regular lease, we pay by the week but we have the option of paying monthly. Its 500 dollars a month but if its easier they will accept 125 a week from you so its not really even weekly.
    "I don't know what the landlords rles were on tenants but she was hard to reach and would neglect issues like for example a special needs neighbor not having heat.."

    Not clear what you mean by "rules were on tenants" (what matters is your contract, and you don't have one); the landlord being hard to reach and some special needs neighbor's issues aren't relevant to your situation.
    I am saying the landlord was having personal issues according to the new guy who before was just i guess the security guy. The dude we moved in with was trying to contact her about ten times before he took off so he could get his deposit back and she wouldn't respond to any calls. I brought up her not fixing the heat in my neighbor's place who is mentally handicapped because it showed ballsiness on her end to disregard the law.
    Your mom paying with money orders with her name on them doesn't mean she's created anything better than a weekly tenancy at will.

    You are free in the absence of further action to petition the local court with a complaint about the landlord's partner threatening you and asking the court to issue an order telling the landlord to knock off the nonsense and issue you a notice to terminate tenancy and then an eviction action if you refuse to move out -- as the process requires. That would be true in most states even if she hadn't been accepting rent with your mom's name on the money orders without questioning the named tenant about why someone else's name was on money orders. That's not dispositive of much other than possibly your friend getting someone else to pay his rent for him, in the absence of her knowing you moved in ... in violation of the lease terms, I'm sure.
    She was aware we lived here and he told her. She was acting like a kook and then the security guy started coming up here like he was the bossman then when we asked about her he said she was having issues and her future wasn't known with the company then finally he said on another visit she left. Lease didn't really say anything about occupants and a few other neighbors got extra folks staying over. Two main issues was she wouldn't get back to us on anything and she wasn't relying info to rambo so when he took over he wasn't sure of a lot of things either.
    Your friend has moved out, so there's no need to "put" him out.
    Yea but the way Rambo asking "Where is he, when did he leave, I can't see him anymore" you'd think he thought we did something to him. I told him where he worked at, I told him he tried 10 times to reach the old landlord, he either didn't believe us or thought he might be jumping the gun in evicting my friend without definitive proof. The guy is weird anyways, he circles around, parks in the corner, and he gripes about rent to people yet has to trailers cleaned spoltless that have sat vacant for like 3 months.. He lets his glock stick out. He was supposed to bring my mom a lease over a week ago and hasn't but was asking our neighbors up front how long they had seen my mom live here..
    No landlord that's sane would file an eviction action only against your friend had he NOT moved out if they know other people are living there. Even if they don't/didn't know your name, they would petition against "Joe Schmoe (named tenant) and John/Jane Does 1-5" to cover unknown occupants. (Actually, it's best to name John/Jane Does anyway to avoid getting to court only to find people arguing that they're residents at the place even if they weren't.)
    He said that only my friend was supposed to live there but then asked my mom to continue paying him. I need the lease turned over though because i need to hurry up and put the power in my name since my friend was already behind on his bill and I never had an account with the city before. I'm thinking that everytime my mom pays for my friend whos been gone forever and a day that prolongs his de jure residency and ties his hands as far as evicting my friend. And like I said we pay week but our rent is monthly, we just break it down so technically we pay in advance and it accumulates to the actual rent amount at the end of the month.

    - - - Updated - - -

    okay he finally answered but hes still trying to say the people above him arent really willing to sign the lease over util she catches the past rent up. I think he is using that as an excuse to avoid taking my ex roomate to civil court to get the losses which he threatened to do. How long can be stall?

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