Knoxville Landlord and Tenant Eviction Attorney

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Eviction is the legal process by which a landlord removes a tenant from a rental property. In Tennessee, the eviction process is governed by state law and the Tennessee Rules of Civil Procedure. Understanding the basics of eviction and the legal process in Tennessee can help both landlords and tenants navigate this often complex and stressful situation.

Grounds for Eviction

1. Nonpayment of Rent: If a tenant fails to pay rent as agreed, the landlord may file for eviction.
2. Violation of Lease Terms: If a tenant violates the terms of the lease agreement, such as by damaging the property or engaging in illegal activities, the landlord may seek eviction.
3. Holdover Tenancy: If a tenant remains in the property after the lease has expired, the landlord may file for eviction to regain possession.

Notice Requirements

1. Nonpayment of Rent: Before filing for eviction for nonpayment of rent, the landlord must provide the tenant with a written notice demanding payment within a specified period (usually 14 days).
2. Lease Violation: For lease violations, the landlord must provide the tenant with a written notice specifying the violation and giving the tenant a reasonable time to remedy the violation or vacate the premises (usually 30 days).
3. Holdover Tenancy: For holdover tenancies, the landlord must provide the tenant with a written notice to vacate the premises within a specified period (usually 30 days).

Filing for Eviction

1. Summons and Complaint: To begin the eviction process, the landlord must file a detainer warrant with the appropriate court and serve the tenant with a copy of the documents.
2. Court Hearing: The court will schedule a hearing where both the landlord and tenant can present their cases. If the court rules in favor of the landlord, it will issue a writ of possession authorizing the sheriff to remove the tenant from the property.

Tenant Defenses

1. Improper Notice: If the landlord did not provide the required notice before filing for eviction, the tenant may have a defense against the eviction.
2. Retaliation: If the landlord is evicting the tenant in retaliation for exercising their legal rights, such as reporting housing code violations, the tenant may have a defense against the eviction.

Post-Eviction Effects Tenants: Eviction Record and Credit Report

One of the most immediate consequences of an eviction is the impact on your rental history and credit report. An eviction will typically stay on your rental history for up to seven years, making it difficult to rent a new property. Landlords often check rental history as part of the screening process, and an eviction can raise red flags about your reliability as a tenant.

Additionally, an eviction can also affect your credit report. If your landlord reports the eviction to the credit bureaus, it can lower your credit score and make it harder to qualify for loans, credit cards, or other forms of credit. A lower credit score can also lead to higher interest rates and less favorable loan terms.

Debt Owed from Eviction

In Tennessee, if you owe a debt as a result of an eviction, your landlord may take legal action to recover the debt. This could include filing a lawsuit against you in court to obtain a judgment for the amount owed. Once a judgment is obtained, your landlord may be able to garnish your wages or seize your assets to satisfy the debt.

Legal Consequences of Ignoring An Eviction Summons In Tennessee

Failing to address an eviction or debt owed from an eviction can have serious legal consequences. If you ignore a lawsuit filed by your landlord, the court may enter a default judgment against you, which can lead to wage garnishment or asset seizure. Additionally, having a judgment against you can further damage your credit and make it harder to recover financially.

Conclusion

Eviction is a legal process that must be followed carefully by both landlords and tenants in Tennessee. If you are facing eviction or need assistance with an eviction case, it is important to seek legal advice from an knowledgable attorney who can help you understand your rights and options under Tennessee law. If you have been served with a summons for eviction by your landlord or property manager, or if you are need to file an eviction to remove a tenant, Herrera, Reilly & Associates, PLLC is here to help you. Our Knoxville law firm stands ready to protect your rights. Give us a call at (865) 657-1385 or book a free consultation online.

DISCLAIMER: The information above is not intended as legal advice but rather for educational/opinion purposes only. If you seek legal advice, contact an attorney. By viewing this information/website, you are agreeing that no attorney-client relationship exists or has been created.