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Old 11-08-2007, 03:29 PM
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mvbeekeeper is on a distinguished road
Default Eviction Process in Knoxville

We have a renter that has not paid for a couple of months. We have sent him an eviction letter saying he needs to vacate the property in 30 days(registered). What is the next step we need to take to get him out? There is no contract. It was on the honor system until that broke down. Thank you for any information.
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Old 11-08-2007, 04:04 PM
Real Estate Agent
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Join Date: Sep 2006
Location: Knoxville, Tennessee
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I'm not a landlord but a very good renter. I've watched my landlord put out people left and right and then chase them down for the money that was owed him, including putting a negative on their credit.

The next step is to take them to court. I know that my landlord has been able to put them out in two weeks after the court date.

He even put a tenant out in two weeks because they didn't put the electric in their name for one month, when the lease clearly said it had to be done in five days.

The owners of these properties are attorneys, so they know what they are doing.

He's done this with leases, but you have a tenant "at will," which means they rent from month to month, which make it even easier.

Go for it. The law is on your side and you don't need to put up with that.
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Old 11-08-2007, 05:27 PM
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Location: loudon county tennessee
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Default I am a landlord

I started buying real estate to rent in 1976. I've been renting that long. First, never allow anyone to rent your house without a lease. With that said, you now have a default lease in the absense of one you wrote. You must send a notice to vacate and give them 30 days.(You have already done this step) Then, you must go down to the city county bldg. and in sessions court file a request for the court to vacate the property for you. A court date will be set for you. That will take about another 30 days. Then, you must appear in court and state your case to the judge. He will tell the tenant to move, and give them another 30 days. If they do not obey him, you must call the sherriff's office for an appointment to come and set them out. They will put you on their schedule, which will take another 30-60 days. Then, they will come and put them out. All of this time, they will be living at your expense.

Having learned this lesson, please google a good lease. Moderator cut: DM this info The state of TN only requires 10 days notice to evict IF THAT IS STATED IN YOUR LEASE!..It must be stated in your lease that if you are unhappy with your tenant for any reason, you only have to give them 10 days to get out. Then, the above process is still followed, but when you go to court, the judge will follow your precident and only give them 10 days also. Therefore, you will cut 40 days off of the above process.

Either way, you are still screwed. The tenant, if he is vindictive, will use the time he has to destroy your property. I have had a staircase cut up with a chainsaw, a fireplace mantle ripped off, holes kicked in walls, roof tiles ripped off, you name it. I even once had a tenant, once moved out, move rat infested furniture INTO the home! I have had cars abandoned at the properties and well as animals. I do not allow any animals chained on any of my properties. In my lease, I state that any animal left will result in a 500.00 fine. I charge 1000.00 for cars.

I have a 3 page application for my lease. I photocopy all drivers licenses and social security cards to prevent the use of false names and socials. I check out every tenenat thoroughly. I would rather have a property sit empty than rent to someone who might mistreat me or my properties.

I also cover appliances in my lease as I have had them solen too, or swapped for an inferior model.

Everyone learns the hard way. I am sorry if I scared you, but I hope this tale of misfortune will help you.

On the upside, real estate investing is the ONLY investment I am aware of that pays you 3 ways: income, tax breaks, and appreciation. I am 50 years old now, and all my properties are debt free. After maintenance, the income is all mine and contributes to my financial security. So stick it out-you will not be sorry.

Last edited by mbmouse; 11-08-2007 at 08:43 PM..
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Old 11-08-2007, 06:00 PM
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I'm sorry. I'm in Knox County, and these people are out in a couple of weeks. Granted, they are attorneys and know everyone in the court system, but still, you can get them out in less than 90 days.

Oh, and by the way, that tenant that didn't put the electric in her name right away? Before she even was served, the ceiling fell on her head. She told the judge, and it still didn't matter. Maybe it helps to know the judges?

Last edited by mbmouse; 11-08-2007 at 08:44 PM..
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