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S_2468

Eviction Notice

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On the 28th of July I came home to find a letter hanging on my door knob - which turned out to be an eviction notice. I think.  There is a copy attached with personal information removed.  It says Eviction Notice at the top but then states that if I don't leave an eviction action will be taken against me. 

 

After receiving the notice I responded to the office by email, stating that I did not have any unauthorized residents and explaining who my guests were and how long they had been there. (8 days on the day of the notice.) I also said that my daughter (one of my guests) had her own residence, complete with legal lease, and my other guest was in town from out of state looking for a house to rent. I asked the LL what the time limit on guests was in my email. 

     "I thought the lease specified a 14 day limit on guests, but apparently I was mistaken.  I actually did not find a limit, so what exactly is the time limit on visitors?"

I also responded to the housekeeping 'issues' part of the notice, stating the following: 

      "In response to the housekeeping issue listed, members of the office staff/maintenance have been in my apartment at least twice a month for either the monthly inspection or maintenance for the past several months and this issue has not been raised.  I had not heard anything about a continued problem including up to and including the inspection on the 18th of July."

I also questioned why, if there was a problem, someone from the office didn't just ask me who was there? 

     "I obviously do not want to be forced out and would like to continue to stay until my current lease is up in November, even though I now feeling like I'm being 'spied' on, when an inquiry to me may have avoided this whole situation - obviously someone is checking up on me, why not just ask? If asked, I could have told you the situation and avoided a violation either by explaining what was happening or changing it the situation itself.  I believe that I should be able to have a personal life with personal space in spite of living in an apartment community. I do not believe I have done anything inappropriate. "

(This is a four bedroom town house, I now live in it alone and have been there for almost four years. - I don't even know if any of that is relevant.)

 

This is the response I received three days later:

" Even with several warnings about housekeeping, there is no ongoing improvement.  You aren’t being spied on.  At last inspection, it was obvious XXX was staying in your apartment and had been for a while.  She didn’t mention anything about your friend when I asked what she was doing in the apartment. Regardless, the apartment is still in such disarray and we can’t let it go any longer.  You have until August 31st to move."

 

I have not responded to this yet... my young grandsons (all 3 of them age 6 and under) had spent the weekend with me while my daughter was out of town.  She came in late that Sunday night and spent the rest of the night and then took her children home on Monday the 18th, the same day the monthly inspection was done.  The LL asked my daughter what she was doing there and how long she had been there and my daughter answered her.  And of course she didn't mention anyone else, there was no one else there at that time, I didn't even know I was going to have another guest then, and that person arrived on the evening of Wednesday the 20th.

 

I think I've explained the timeline and situation... my questions are: Does the landlord really have the authority to force me out when according to my lease I have not broken the contract?  I've had no guests for a period of time over 14 days and no 'warnings' about housekeeping issues after the first one.  Was it reasonable for the LL not to answer my questions conained in the emailed response to the notice? My lease is up in November and I had planned to move at that time - no longer needing a place that large - but I am financially unable to pick up and move immediately.  An attorney does not fit into my budget.  How do I fight this?

 

E-Notice.pdf

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43 minutes ago, S_2468 said:

Does the landlord really have the authority to force me out

 

Yes, obviously.

 

43 minutes ago, S_2468 said:

when according to my lease I have not broken the contract?

 

That's your opinion and the landlord has his opinion.

 

43 minutes ago, S_2468 said:

 I've had no guests for a period of time over 14 days and no 'warnings' about housekeeping issues after the first one.

 

If this gets to court, the landlord will have to prove those allegations and you will have the opportunity to defend against them.

 

43 minutes ago, S_2468 said:

Was it reasonable for the LL not to answer my questions conained in the emailed response to the notice?

 

Reasonable is in the eye of the beholder.

 

43 minutes ago, S_2468 said:

How do I fight this?

 

Well, for one thing, all you have now is a "termination" notice for cause. That's not an eviction. An eviction occurs through the courts.

 

You have denied the allegations that you failed to comply with the lease. You are free to ignore the termination notice and wait until the landlord files for eviction in court at which time you can have a hearing and raise your defenses to the eviction.

 

Just make sure you pay your rent when it's due and take a witness with you in case the rent is refused. You'll want to make sure that the witness is willing to testify in court for you that you attempted to pay the rent.

 

Meantime, get your place cleaned up and keep it that way and start compiling documentary evidence about your visitors.

 

43 minutes ago, S_2468 said:

An attorney does not fit into my budget

 

Then try to get a free consultation or contact your local Legal Aid office for assistance.

 

PS: The link to your notice doesn't go anywhere.

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1 hour ago, S_2468 said:

Does the landlord really have the authority to force me out when according to my lease I have not broken the contract?

 

If you have a long term lease that hasn't expired, you cannot be evicted except for non-payment of rent or other breach of the lease.  If you are a month-to-month tenant, you can be evicted at any time for any reason that is not expressly illegal (and none of the things you've mentioned are illegal), as long as the landlord gives you whatever notice is required under the laws of your state.

 

 

1 hour ago, S_2468 said:

How do I fight this?

 

Why fight?  Why not remedy the situations you described?  Note that I have no idea what your lease says about any of this.  You wrote that, at the time of the notice, you had at least two guests who had been staying with you over a week.  Are they still staying with you?  You wrote that your daughter has her own place, so why isn't she living there?  Of course, that's a moot question if she has left your home.  As for the "housekeeping" stuff, I didn't read all the detail in your post, but why not remedy the situation and ask your landlord if he/she really wants to go through a court battle over something like this when you plan to move in a few months anyway?

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pg1067:

It does seem that fighting it is almost pointless.  I hate that my daughter feels as though she's been called a liar, and the same goes for me.  The people are not still staying with me and I had my daughter stay for the same amount of time as my other guest to avoid a perception of impropriety. (Male guest/I live alone.  Seems almost laughable now the way things have worked out.)  I even explained that situation in whole to the landlord. Neither of them were there a full two weeks.  There is no housekeeping to remedy, nothing specific was pointed out and even the carpet has been recently cleaned.  I will attempt one more time with the landlord, thank you for your comments.

 

 

adjusterjack: 

the link was a copy of the notice left on my door:

Edited by S_2468
still cannot attach file.

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Hi @S_2468

 

Welcome to the community! Thanks for posting your question...sorry to hear about the eviction notice. You can learn more about your rights as a tenant here:

 

Another option available to you is to speak with a Tennessee attorney experienced with evictions.

 

Best of luck!

The FindLaw.com Team

 

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