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I was recently evicted and think it was wrongfully done.?


I was recently evicted. In June I was late on my rent and tried to pay them by the 16th. When I went to pay, the lady in the office said that anything after the 10th I could not pay and that's when the legal actions will take place. That Monday I had spoken with the collection manager. Instead of greeting me like she was suppose to she handed me a deatainer warrant without trying to explain it to me. She said that I was suppose to receive one but I hadn't. Long story short I paid my rent before I went to court then I paid my legal fees on time. Now this woman as well as another woman that works there told me the same date. "If you don't pay your rent by the 10th then the legal actions will take place". I got evicted on the 8th two days before the 10th. I went to the office and the manager said the 7th and that they had put in for an eviction on the 6th. But I have till the 7th to pay my rent and they have already put in an eviction notice on the 6th? How is this possible?

And I didn't even receive an eviction notice. I stay in Tennessee. Here your rent is due on the 1st with a 5 day grace period which means til the 5th. Before the legal actions take place I have to pay by the 7th. They filed for eviction on the 6th. The 5th landed on a Sunday which means by the 6th it wasn't considered late (which is in the lease). Why would they file for an eviction if by the7th I haven't paid? Wouldn't they file for an eviction by the 8th? I've talked with a lawyer and he said there is nothing that he can do about it. I think he can but may be to busy?!? If anyone have any legal advice or could recommend a good eviction lawyer here in Tennessee I would really appreciate it.

I AM NOT AN ATTORNEY.

You may get LOTS of sympathetic eyes [and maybe some answers - perhaps not-so-correct answers],

We鈥檒l go through this point-by-point: EXACTLY the way you typed, THEN I鈥檒l give you the answer as I see it - from my point of view and probably from your landlord鈥榮 or the agent鈥榮 point of view].
Fair? I think that鈥檚 pretty fair.
MY ASSUMPTION: 1] YOU signed that lease. That stipulation is in THAT lease, isn鈥榯 it?

YOU TYPED: I was recently evicted. In June I was late on my rent and tried to pay them by the 16th.
You were evicted NOT because of what happened in June, BUT what you failed to do in May [and probably April?]. YOUR RENT was due on or before June 10th OR the 7th.
When you rent, you pay the rent for the time you WILL BE LIVING in the property.
Rent payment: $$$$$$$$ >>>>>

YOU TYPED: the lady in the office said that anything after the 10th I could not pay and that's when the legal actions will take place.
MY ASSUMPTION 2] There鈥檚 a clause in your lease which says something like this: 鈥業t is agreed that the Landlord has the right to refuse any rent payment after the due date.鈥?The agent or Landlord refused to take your money.
She had every right to do so.

YOU TYPED: and that's when the legal actions will take place. That Monday I had spoken with the collection manager. Instead of greeting me like she was suppose to she handed me a deatainer warrant without trying to explain it to me. She said that I was suppose to receive one but I hadn't.
MY ASSUMPTION 3] I simply don鈥檛 know what this means. I鈥檓 not familiar with this process.
Question: Is this your eviction notice?

YOU TYPED: Long story short I paid my rent before I went to court then I paid my legal fees on time.
MY ASSUMPTION 4] In order for your case to be hears, you paid your rent
After your case was heard [and you lost], you paid your court fees.

YOU TYPED: Now this woman as well as another woman that works there told me the same date. "If you don't pay your rent by the 10th then the legal actions will take place".
MY ASSUMPTION 5]: Which becomes another question: What 鈥渙ther woman鈥?who works 鈥渨here鈥?

YOU TYPED: I got evicted on the 8th two days before the 10th.
FACT: When you rent, you pay the rent for the time you WILL BE LIVING in the property.
Rent payment: $$$$$$$$ >>>>>

YOU TYPED: I went to the office and the manager said the 7th and that they had put in for an eviction on the 6th. But I have till the 7th to pay my rent and they have already put in an eviction notice on the 6th? How is this possible?
MY ASSUMPTION 6]: The 鈥漺heels were already in motion and turning鈥?
鈥淭he die was already cast.鈥?br> 鈥淭he horse was already out of the corral, when you closed the gate.鈥?br>
Come on . . . Be honest: How many times were you warned or told? (((I wasn鈥檛 even there &&& I KNOW of at least one: when you signed the lease.)))
I KNOW I鈥檓 coming down hard on you, BUT YOU deserve it.

Just like you, your former landlord and just about every other person in this world has obligations and financial responsibilities. What makes you think you're so special?

Please believe me, if you were one of our tenants, you wouldn't be reading any of this. I PROMISE you, you would get a phone call - at home or at work asking you when would be the most convenient time for someone to come by and speak with you. You would be given a couple choices and you would choose. At the appointed time, you would be hearing it - live and in-person - probably from me.
There ain't no "free lunch", "free" breakfast, "free" dinner, "free" supper or "free" snack or anything else "free" - anywhere at any time for any reason.

EVERY LANDLORD WANTS THE SAME THINGS FROM EVERY TENANT:
1] The property properly cared for according to the terms of the lease.
2] The rent AND ALL other fees and charges you are responsible for paying, PAID on-time or ahead-of-time - each and every time - WITHOUT EXCEPTION - WITHOUT EXCUSES.
EXCUSES DO NOT PAY THE RENT. ONLY MONEY PAYS THE RENT! Period. End of discussion.
3] ONLY in case of an emergency: DON鈥橳 bother the landlord.
4] Other than when the landlord schedules inspections for the property: the landlord will do his/her/their best not to bother you.
5] Cooperation.
6] Proper communication.

From YOUR story, I KNOW you were at least one month behind.

When you pay a mortgage, you pay for the time you liveD in the property.
$$$$$$$<<<<<< mortgage payment.

YOU signed that lease. That stipulation is in THAT lease. Your landlord is absolutely right.

Thank you for asking your question. I enjoyed taking the time to answer your question. You did a great job - not only for your information, but for every other person interested in reading my answer.

I wish you well!

VTY,
Ron B.

Call a lawyer. Most of them will give you legal advice for free.

It sounds to me like you are getting messed over by your rental office. You should seek legal advise. Here is a site you can check out.
http://real-estate-law.freeadvice.com/la...
I hope you can find some useful information. You would think that they would work with you, but sometimes in situations like yours it is best to move on and find a better rental office to work with. Good luck

They can legally do the paperwork (redtape) to cover their side of the issue. Read your rental agreement again and see if it states when rent is due, how much late the fee will be if not paid for by another date. I would make sure to pay on the first date that it states on the rental agreement. That way they will stop giving eviction notices. They are trying to show that you are always late so that if they do take you to court they have proof. Keep those notices and write down everything that they say, who says it, time and date (very important) that way if you do go to court you have your proof as well. Then the judge can look at both sides to determine who gets the judgement.

I think you are confusing actual eviction with eviction proceedings being initiated. You cannot be actually evicted without a court ordering eviction.

If they accept payment (even partial) that stops/negates eviction process for that month.

I don't know what state you are in but most states require a 5 day grace period. My leases state rent is due on the 1st and late on the 6th, on the 6th I would have to post a 5 day demand in order to begin eviction, during those 5 days I (ie the landlord) cannot REFUSE to accept payment if they do you have an affirmative defense in court.

So you could get an "eviction notice" on the 6th but still have til the 10th to pay. And you do have to pay any late fees that are in your lease.

Finally, words are cheap and meaningless in court, to be enforceable it has to be in writing. So go by what the terms are in your written lease.

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