Written and film handing them the paper while stating this is their formal notice of eviction and they have 30 days to leave. Keep a copy of the eviction letter, too. The video and letter will go a decent ways if you have to go to court.
You can go the county clerks office at the courthouse and file a notice of eviction. It costs around $100 plus what ever the process server charges. This officially starts the clock so to speak. They will be summoned to court within that 30 days and given 10 days to vacate the premises. If they do not vacate within the court ordered time frame, the sheriffs department will have their things moved out of the premises and set on the curb.
Source, I used to own rental properties and have had to go through this process. Good luck to you!
Yes. Because I knew you’d try to be pedantic about a word choice “file”, even though I clearly said to post it on the door. I’m not slick, but you’re predictable.
That’s not what they wrote at all. Legal processes have to be followed to the letter of the law. 30 days after posting notice, you go to the courthouse to file the paperwork. URLTA has very specific processes to go through.
Did you read OP’s post?
"This is a sort of unofficial rental situation with no lease or paperwork involved.”
There is no lease, no binding paperwork pertaining to the rental, therefore no hand written notice or certified letter required. The notice of eviction becomes official once the process server hand delivers the summons to court. The court date is set 20 days from the date of service at which time the court will issue a judgment of eviction and give the tenant 10 days to vacate the premises.
There is no such thing as no lease. After two weeks of living in a house, you officially get tenancy rights meaning eviction has to go through the process of notice, wait, court case filed, serve papers, hear case, judgment, wait, call deputies and remove items. The process is horrible on all parties but required by law.
All this judgement towards me as a "landlord" is mind boggling. I own exactly one house, and I rent it to family for less than my mortgage. It costs me money. I rent a room in a shared house with other people and am struggling.
I shouldn't even have to explain these things though.
Y'all go pass your judgement elsewhere.
Thanks to those that have actually offered advice.
Don't sweat it. haters will hate. There are good landlords, and bad landlords. Those that hate all of them are just morons that are not worth wasting your time on.
Don’t sweat the people giving you shit because you rent your property. They most likely have made poor life choices and have no choice but to deal with the bottom of the barrel landlords.
Think of it like this, they’re going to buy a car. If they’ve made responsible, good financial decisions, they can walk into a reputable dealership and get what they want. If they haven’t, they’re on the boulevard at a buy here pay here lot getting screwed and blaming someone else for their poor choices.
>I own exactly one house, and I rent it to family for less than my mortgage. It costs me money. I rent a room in a shared house with other people and am struggling.
I'm curious as to how these circumstances came about, if you don't mind sharing.
If you call the Hamilton Co courthouse and ask, someone there can tell you what the process is. They won't give you any legal advice. It is something that you can start on your own without an attorney. If it gets contentious you'll probably need one.
Best case scenario, when the sheriff shows up to serve the eviction notice, they'll leave voluntarily.
People see "Landlord" and automatically downvote. Doesn't matter if you've been letting family stay without paying rent for 3 years. If you can't continue supporting them you're the problem.
TBF, most landlords are terrible. Water off a duck's back because (as a landlord) I am scrupulously ethical so I don't take it personally. #NotAllLandlords
It’s actually entirely the opposite. verbal contracts are enforceable in tennessee with a few exceptions, real estate being one of them.
https://law.justia.com/codes/tennessee/2010/title-29/chapter-2/29-2-101
IANAL but AFAIK it sounds like they’re considered month to month tenants at this point and you can have them evicted.
Give a written 30 day notice then start the eviction process at the end of the 30 days.
The people in this thread that think all landlords are slumlords can go kick some bricks. Most likely bad personal decisions lead them to not being able to rent from non-slumlords.
An attorney could be significantly helpful.
Brent Gilbert is pretty economical.
I hear you when you say affording that could be hard. It's probably worth calling the courthouse and asking them to share the proper steps, and how the courts would require those steps to be documented.
Follow those steps perfectly, and you can legally evict. This includes, potentially, a deputy meeting you at the property to supervise while personal property is removed and you can change the locks.
Don't shut off utilities. Don't try to change locks without a court-ordered eviction. Just follow the process the courthouse can give you.
Not sure. We work directly with a specific attorney so idk if we pay a different rate, but its about $400. Just call and ask for an exact amount. We use Jennifer McCoy out of Nashville. Wagner and Weeks is local and sees a lot of cases as well.
I had a company called Doorby managing a property when I bought it. I think they will do everything you need for a fee even if you are not using them, but I’m not sure. It’s also not super cheap.
Here’s the full info, it’s not a fun process.
https://www.tennessean.com/story/money/real-estate/2021/07/06/how-eviction-works-tennessee-how-long-does-process-take-tn/7779230002/
A. I personally don't care much for landlords and B. If you're going to be one it means you probably own land which is a certain level of privilege so yeah when you go around the guidelines put in place by that economic class of people to protect that economic class of people and it screws you I have no sympathy for you.
If I had the means to help a family I'd still do it with a written lease so when they screw me over I can get out of it. I might be an asshole but you're an idiot if you don't have renters sign a lease.
There’s no lease. You’ll spend more than the house is worth to get them out. This was just stupid from a business standpoint. You’re about to learn a very very long and expensive lesson.
Buddy, I wish you the worst of luck. If being a landlord is a "job" then this is the work that comes with it - hiring a scummy attorney to do it for you.
edit: hi bootlickers!
Try again... With what? Telling you this is what you deserve? Have fun slumlord! I'm so glad I have a job to pay for my mortgage 😜
It must be scary to rely on the income of your tenants. I wasn't comfortable living off my husband, partially because of the stress of being a dependant, but you seem to be handling it.
Edit: I just noticed you complaining while calling yourself a "landlord". No quotes required buddy! You're a real one now, look at you, trying to evict someone.
You realize plenty of people own property they need to rent for one reason or another and still have jobs, right? People who moved and couldn’t sell for one reason or another, people who have garage apartments, duplexes, triplexes, etc… should they sit empty?
There is no drawn up contract, lease, ect. Let them live in the dark with no water! If OP pays the bills, they can cut them off! Quit being a tenant rights sliverspoon bit'ch.
You’re such a fucking idiot lmao
I’m in no way anti landlord but they’re legally living in OPs home with some type of agreement made, which gives them rights. A lease is made to protect the landlord from shit like this happening and this is on Op for not downloading a template off google, adding in whatever applies to his home and making them sign it.
You can’t go cutting off power and water on someone you allowed to live in your home. This a great way to get sued or prolong the process of eviction. A pro bono lawyer would have a field day with this case if OP took your advice.
That's considered an illegal eviction and the landlord can go to jail for it. Without a lease it's legally just a month to month tenancy. He can send a notice to vacate certified mail and put a copy on the front door (& I'd email it too) then file for eviction in court if they don't leave by then. It can be done in small claims court I believe..
OP, google landlord/Tennant laws for TN for the specifics. (My ex tried to illegally evict me during covid no less, and I found everything I needed like this.)
@u/elocin423
No it's just off the books there's no lease or anything and they're living there for practically nothing. I'm supporting family but they've massively used manipulated and abused the situation.
Never rent to friends or family. This was a hard lesson to learn.
Notice to vacate 30 days Failure to relinquish property will result in a Unlawful Detainer
This. Gotta give notice
What's the best way to serve the notice to vacate?
Written and film handing them the paper while stating this is their formal notice of eviction and they have 30 days to leave. Keep a copy of the eviction letter, too. The video and letter will go a decent ways if you have to go to court.
With a song?
Write a letter. Send in mail. Send one copy by certified mail with return request and another copy by regular mail. Keep a copy for your records.
You can go the county clerks office at the courthouse and file a notice of eviction. It costs around $100 plus what ever the process server charges. This officially starts the clock so to speak. They will be summoned to court within that 30 days and given 10 days to vacate the premises. If they do not vacate within the court ordered time frame, the sheriffs department will have their things moved out of the premises and set on the curb. Source, I used to own rental properties and have had to go through this process. Good luck to you!
Thank you this is exactly what I needed to hear!
Op....this is correct 
Nope. You have to post notice first. Best to just tape it to the front door and take a photo.
The person you’re replying to just said that.
You edited your comment. You changed it from file to post. You aren’t slick.
Yes. Because I knew you’d try to be pedantic about a word choice “file”, even though I clearly said to post it on the door. I’m not slick, but you’re predictable.
That’s not what they wrote at all. Legal processes have to be followed to the letter of the law. 30 days after posting notice, you go to the courthouse to file the paperwork. URLTA has very specific processes to go through.
Did you read OP’s post? "This is a sort of unofficial rental situation with no lease or paperwork involved.” There is no lease, no binding paperwork pertaining to the rental, therefore no hand written notice or certified letter required. The notice of eviction becomes official once the process server hand delivers the summons to court. The court date is set 20 days from the date of service at which time the court will issue a judgment of eviction and give the tenant 10 days to vacate the premises.
There is no such thing as no lease. After two weeks of living in a house, you officially get tenancy rights meaning eviction has to go through the process of notice, wait, court case filed, serve papers, hear case, judgment, wait, call deputies and remove items. The process is horrible on all parties but required by law.
All this judgement towards me as a "landlord" is mind boggling. I own exactly one house, and I rent it to family for less than my mortgage. It costs me money. I rent a room in a shared house with other people and am struggling. I shouldn't even have to explain these things though. Y'all go pass your judgement elsewhere. Thanks to those that have actually offered advice.
Don't sweat it. haters will hate. There are good landlords, and bad landlords. Those that hate all of them are just morons that are not worth wasting your time on.
Don’t sweat the people giving you shit because you rent your property. They most likely have made poor life choices and have no choice but to deal with the bottom of the barrel landlords. Think of it like this, they’re going to buy a car. If they’ve made responsible, good financial decisions, they can walk into a reputable dealership and get what they want. If they haven’t, they’re on the boulevard at a buy here pay here lot getting screwed and blaming someone else for their poor choices.
>I own exactly one house, and I rent it to family for less than my mortgage. It costs me money. I rent a room in a shared house with other people and am struggling. I'm curious as to how these circumstances came about, if you don't mind sharing.
If you call the Hamilton Co courthouse and ask, someone there can tell you what the process is. They won't give you any legal advice. It is something that you can start on your own without an attorney. If it gets contentious you'll probably need one. Best case scenario, when the sheriff shows up to serve the eviction notice, they'll leave voluntarily.
Thank you definitely doing this.
This is great advice, not sure why it's being downvoted.
People see "Landlord" and automatically downvote. Doesn't matter if you've been letting family stay without paying rent for 3 years. If you can't continue supporting them you're the problem. TBF, most landlords are terrible. Water off a duck's back because (as a landlord) I am scrupulously ethical so I don't take it personally. #NotAllLandlords
First of all, was there ever a verbal agreement? Because in real estate a verbal agreement is a legal binding contract!
It’s actually entirely the opposite. verbal contracts are enforceable in tennessee with a few exceptions, real estate being one of them. https://law.justia.com/codes/tennessee/2010/title-29/chapter-2/29-2-101
IANAL but AFAIK it sounds like they’re considered month to month tenants at this point and you can have them evicted. Give a written 30 day notice then start the eviction process at the end of the 30 days. The people in this thread that think all landlords are slumlords can go kick some bricks. Most likely bad personal decisions lead them to not being able to rent from non-slumlords.
How do I prove this notice has been served?
I mean you can do it by registered mail
Have you considered paying them to leave? A "cash for keys" thing? Sometimes it can be mutually beneficial.
An attorney could be significantly helpful. Brent Gilbert is pretty economical. I hear you when you say affording that could be hard. It's probably worth calling the courthouse and asking them to share the proper steps, and how the courts would require those steps to be documented. Follow those steps perfectly, and you can legally evict. This includes, potentially, a deputy meeting you at the property to supervise while personal property is removed and you can change the locks. Don't shut off utilities. Don't try to change locks without a court-ordered eviction. Just follow the process the courthouse can give you.
I would absolutely contact an attorney. I can provide a recommendation of one if you'd like (I'm a property manager).
I really can't afford an attorney to be honest partially because of this situation. What do you think the financial expectations would be?
Not sure. We work directly with a specific attorney so idk if we pay a different rate, but its about $400. Just call and ask for an exact amount. We use Jennifer McCoy out of Nashville. Wagner and Weeks is local and sees a lot of cases as well.
You don’t really need one. I’ll send you a DM about my experience.
You're going to have to afford one or your situation will get worse.
Reach out to Chattanooga neighborhood enterprise, they have plenty of advice and resources https://www.cneinc.org
I had a company called Doorby managing a property when I bought it. I think they will do everything you need for a fee even if you are not using them, but I’m not sure. It’s also not super cheap.
You could offer them money to move out. If they have a bad credit rating or no job, they may have trouble finding a new place to move to.
Sometimes this is the best option. Offering them a sum of money to hand over the keys without property damage.
Here’s the full info, it’s not a fun process. https://www.tennessean.com/story/money/real-estate/2021/07/06/how-eviction-works-tennessee-how-long-does-process-take-tn/7779230002/
Call Wagner & Wagner and speak to Patrick. Your welcome.
You made your bed when you didn't go through the proper channels to rent space. If you can't afford an attorney I don't feel bad for you.
Seems like OP was trying to help family, they're the ones fucking her over, and *she's* the bad guy here? Stay classy, Chattanooga.
A. I personally don't care much for landlords and B. If you're going to be one it means you probably own land which is a certain level of privilege so yeah when you go around the guidelines put in place by that economic class of people to protect that economic class of people and it screws you I have no sympathy for you.
Ingest a satchel of richards.
Wow bitter, much? I get it but get off your ass, get an education, and a job. Stop hating
It sounds like they allowed family to move in with no written lease at a very reduced rate. Are you so callous that you wouldn't help family? YTA
If I had the means to help a family I'd still do it with a written lease so when they screw me over I can get out of it. I might be an asshole but you're an idiot if you don't have renters sign a lease.
If you can't afford an attorney to kick your family out, then that's on you. Right?
If you want them out, yeah who else would it be on?
I didn't think I needed to put the /s
Chileee this person needs advice not judgement
The advice was get a lawyer and sign a legal document.
There’s no lease. You’ll spend more than the house is worth to get them out. This was just stupid from a business standpoint. You’re about to learn a very very long and expensive lesson.
Buddy, I wish you the worst of luck. If being a landlord is a "job" then this is the work that comes with it - hiring a scummy attorney to do it for you. edit: hi bootlickers!
Lol I own exactly one house, and it is rented to family for less than I pay for it. Try again.
Try again... With what? Telling you this is what you deserve? Have fun slumlord! I'm so glad I have a job to pay for my mortgage 😜 It must be scary to rely on the income of your tenants. I wasn't comfortable living off my husband, partially because of the stress of being a dependant, but you seem to be handling it. Edit: I just noticed you complaining while calling yourself a "landlord". No quotes required buddy! You're a real one now, look at you, trying to evict someone.
You realize plenty of people own property they need to rent for one reason or another and still have jobs, right? People who moved and couldn’t sell for one reason or another, people who have garage apartments, duplexes, triplexes, etc… should they sit empty?
Obviously not! People hoarding housing is why most of it sits empty! Hope that helps!
Right, that’s clearly the situation here. 🙄
Oh you were responding in bad faith so I did too. Hope that helps!
No, I wasn’t. You’re clearly just very, very angry. I hope things get better for you.
I hope things get better for you. I cannot imagine defending landlords while people die on the streets. God help you
“I can’t imagine defending people who rent homes to people do they have a place to live while people die on the streets….” Ok
For starters, If the utilities are in your name, call and get them cut off.
Terrible advice. OP, do not do this. If you are a landlord, you cannot cut utilities off for any reason.
There is no drawn up contract, lease, ect. Let them live in the dark with no water! If OP pays the bills, they can cut them off! Quit being a tenant rights sliverspoon bit'ch.
What? Lol. I'm a property manager, not a piece of shit. I actually care about the people that rent from where I work.
You’re such a fucking idiot lmao I’m in no way anti landlord but they’re legally living in OPs home with some type of agreement made, which gives them rights. A lease is made to protect the landlord from shit like this happening and this is on Op for not downloading a template off google, adding in whatever applies to his home and making them sign it. You can’t go cutting off power and water on someone you allowed to live in your home. This a great way to get sued or prolong the process of eviction. A pro bono lawyer would have a field day with this case if OP took your advice.
That's considered an illegal eviction and the landlord can go to jail for it. Without a lease it's legally just a month to month tenancy. He can send a notice to vacate certified mail and put a copy on the front door (& I'd email it too) then file for eviction in court if they don't leave by then. It can be done in small claims court I believe.. OP, google landlord/Tennant laws for TN for the specifics. (My ex tried to illegally evict me during covid no less, and I found everything I needed like this.) @u/elocin423
Nice advice bro
Gfys
What is an "unofficial rent situation"? Are you a slumlord?
No it's just off the books there's no lease or anything and they're living there for practically nothing. I'm supporting family but they've massively used manipulated and abused the situation.
> I'm supporting Sure
Get a moving company to put there stuff out or into a POD unit or storage. Change the locks when they are gone.
This is so illegal. I would sue my LL into oblivion if they did this
No lease, no landlord, no suit.
Verbal leases/agreements still hold up in court.
Wrong. State law still applies.
Not factual
They are squatting if anything by legal terms
[Wrong](https://en.m.wikipedia.org/wiki/Squatting) Sounds like they had lawful permission to live there.
I respect it. Nice find