Eviction Process Legalities Explained
Summary
In Tennessee, landlords must follow specific steps for eviction, including providing a written notice for non-payment of rent. If this step is skipped, the eviction may be considered illegal. For storage unit break-ins, facilities are generally required to maintain reasonable security measures. If they fail to do so, they could be held liable. Consult a local attorney or free legal aid service in Memphis, TN for guidance on both issues.Full Conversation
I need to know if my eviction was legal
Hello ****, I'll do my best to assist you. Could you please tell me where this eviction took place, and under what circumstances? This will help me provide you with more accurate information.
Memphis,TN and last november i was served a detainer warrant. And went to court in november for late rent.i did not receive any type of notice before the warrant.we had court and the landlord asked for possession and got it,but allowed us to stay. In may this year he knocked on my door said the sheriff would be there that thursday to put us out,this was on a tuesday.i asked him not to do that and we worked it out for him to cancel the writ of possession that was filled 4 months after our court date hearing. A sheriff came the next day as a reminder they would be there the next morning to put us out dhe had a paper with her let me take a photo of it and left. Thursday a few sheriff knocked on my door said they were not putting me out what ever me and the landlord worked out was between us. Then Monday the landlord and some man with a badge around his neck said they were there to put me out. I said that was stopped the man started to argue with me saying no it wasnt stopped i was being put out the landlord denied us talking and agreeing on not evicting us. And the man with the badge still hollaring at me told me to move and gave me a piece of paper unsigned by the courts and forced his way in my home and started to remove my belongings. During the removal the man and one other man started damaging my belongings i asked them to stop and was told call the cops. So i did two times to try to stop them from breaking my things was told it was a civil matter nothing criminal was happening. And i ended up with so much of my items destroyed from those two men.
I'm sorry to hear about your situation, ****. In Tennessee, landlords must follow certain steps for eviction:
*. A written notice is required for non-payment of rent.
*. The landlord can file a Detainer Warrant after this.
*. A hearing will be scheduled.
*. If the landlord is granted possession, a Writ of Possession can be issued.
If any step was skipped or mishandled, the eviction might be considered illegal. Regarding your belongings, you should document the damage. This could be a separate issue - destruction of property. You may want to consult a local attorney.
*. A written notice is required for non-payment of rent.
*. The landlord can file a Detainer Warrant after this.
*. A hearing will be scheduled.
*. If the landlord is granted possession, a Writ of Possession can be issued.
If any step was skipped or mishandled, the eviction might be considered illegal. Regarding your belongings, you should document the damage. This could be a separate issue - destruction of property. You may want to consult a local attorney.
The step of a written notice was skipped definately.
If the written notice step was skipped, it could potentially invalidate the eviction process. You should consult a local attorney or free legal aid service in Memphis, TN to help you verify this and potentially challenge the eviction.
Okay so this was most likely illegal
Yes, it seems so. Please consult a local attorney or free legal aid service in Memphis, TN as soon as possible. They can help you take the necessary legal actions.
Okay thank you
You're welcome, ****. I hope this situation gets resolved in your favor soon. Don't hesitate to reach out if you have more questions.
I have another question about a different situation
Of course, ****. I'm here to help. What's your other question or situation you need assistance with?
I had to put my belongings that were not damaged in storage. Well one day a neighbor came by and said he had some of our things because our storage unit was broken into. But nothing was taking because they caught the people who broke into it and they ran away. My neighbor is dating a lady that works at the storage facility. We went down there and saw the whole lock had been cut off and the door wide open. And some items were missing. So we went to the office to see what happened but it was closed and had a note on the door saying they were on vacation and the lady that is dating my neighbor was in charge. But no one has yet to contact us make a police report or anything. The company is in the middle of changing owners as well.
I'm sorry to hear about your situation, ****. Could you tell me where this storage facility is located? This will help me provide you with the most appropriate legal information.
Memphis,TN
I'm sorry to hear about the break-in at your storage unit, ****. In Tennessee, the storage facility is usually responsible for maintaining the security of the units. Did you sign a contract with the storage facility, and does it have any terms related to security or liability for stolen or damaged goods?
I did but never got a copy of it. I was evicted the day i got the unit so i wasnt thinking clearly that day. And all there website advertises is there * hour surveillance and there security monitoring.
I'm sorry to hear about your situation, ****. In Tennessee:
- Storage facilities are usually required to provide reasonable security measures.
- If the facility has failed to do so, they could potentially be held liable.
- If you didn't receive a copy of your contract, you should request one.
It's crucial to consult with a local attorney or free legal aid service in Memphis, TN. They can help you understand your legal rights and options in this situation.
- Storage facilities are usually required to provide reasonable security measures.
- If the facility has failed to do so, they could potentially be held liable.
- If you didn't receive a copy of your contract, you should request one.
It's crucial to consult with a local attorney or free legal aid service in Memphis, TN. They can help you understand your legal rights and options in this situation.