I need advice from Landlords!

#1
sigchig

sigchig

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#1
First off, a few facts concerning my situation:

Nobody in the house is on a lease currently. We live in Nashville in Davidson County. There are 5 adults and one child living in this home. One of our roommates is a complete ass and the rest of us want him out. He lives in a back bedroom that is an addition to the home and has his own outside door and he has a key to that room only. 2 months ago he got his room broken into because he deals with shady people and we are quite certain he was dealing drugs out of there, but can't prove that. We told him at that point he needed to find a new place to live because he was putting us in danger. He said he wouldn't be doing anything like that again so we let him stay under the assumption he would continue to look for a new place, but I needed his money for bills so I hadn't pressed the issue. He has been behind on his payments to me since then. While I was at work last week, he let his dog get free and came to our side of the house and found my fiance'. She was just diagnosed with a severe herniated disc in her neck and didn't get up to help him with his dog so he screamed at her for not caring(she says he seemed like he was on something) and said a bunch of ugly stuff to her. She called me really upset and in a lot of pain and explained what happened. So I called the ass and I told him I wasn't going to put up with his crap anymore and he isn't going to talk to my woman like that and he needed to get his crap and go. He told me I couldn't do that to him and that I must evict him. He told me he would get out by the end of the first week in June. So I put that in writing form and posted it on his door. The next morning I found my notice of eviction taped to the windshield of my car.

Now, this dude is kind of all over the place and I don't know what he will do. But he is being childish and I'm afraid he's going to make us actually go to court to evict him. Legally, I know I cannot just force him to leave even if he isn't on a lease. Does anybody have any advice for me in this situation? I just want this guy gone, he makes my family nervous. He seems like the kind of guy that will slash your tires in the middle of the night if you piss him off. Thanks, ladies and gents!

:hi:
 
#2
#2
Call the courthouse and ask what to do to properly evict. We had to go through this in FL and it worked like a champ. You gotta keep it legal, do not threaten him, he can get an order of protection and you do not want that.

Edit: It will take a little time and money, however, worth it.
 
#3
#3
Get an issued termination of tenancy letter (since he isnt on a lease so it is considered month-to-month), which you should give them with a 30 notice (Do this by certified letter, dont just hand him a piece of paper).

Hopefully he will leave within the 30 days of the letter, if not, you must still file for eviction, even if they aren't on the lease.

This is your property correct?

And next time..................always have a lease, even if it is a 6 month lease or something short. Just keeps you out of certain trouble.....juss sayin
 
#5
#5
BearCat204 said:
Get an issued termination of tenancy letter (since he isnt on a lease so it is considered month-to-month), which you should give them with a 30 notice (Do this by certified letter, dont just hand him a piece of paper).

Hopefully he will leave within the 30 days of the letter, if not, you must still file for eviction, even if they aren't on the lease.

This is your property correct?
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Since he's a month to month tenant & the tenant has been a nuisance he can give him a 7days eviction letter. Also, Make sure it's certified.
 
#7
#7
This is not my property. We rent. But we have a pretty laid-back landlord who doesn't really ask much of us at all other than pay the rent, which I do. All of the adults minus the one in question here were previously on a lease that ran out months ago and our landlord has not even asked us to sign a new one. Our owner/landlord does not even know about the ass we are trying to remove yet and I would like to keep it that way. We needed the extra money at the time because my Fiance' was not working. She IS working now and I don't need the ass' money and certainly not his attitude.
 
#8
#8
sigchig said:
This is not my property. We rent. But we have a pretty laid-back landlord who doesn't really ask much of us at all other than pay the rent, which I do. All of the adults minus the one in question here were previously on a lease that ran out months ago and our landlord has not even asked us to sign a new one. Our owner/landlord does not even know about the ass we are trying to remove yet and I would like to keep it that way. We needed the extra money at the time because my Fiance' was not working. She IS working now and I don't need the ass' money and certainly not his attitude.
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He could cause all to be evicted. Touchy situation.

Good Luck!
 
#9
#9
rocktopper16 said:
Since he's a month to month tenant & the tenant has been a nuisance he can give him a 7days eviction letter. Also, Make sure it's certified.
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In TN yes, but he'll still have 30 days before the Sheriff will set him out. Go through the court and have the eviction notice served, even sending it certified isn't a sure thing.
 
#10
#10
sigchig said:
This is not my property. We rent. But we have a pretty laid-back landlord who doesn't really ask much of us at all other than pay the rent, which I do. All of the adults minus the one in question here were previously on a lease that ran out months ago and our landlord has not even asked us to sign a new one. Our owner/landlord does not even know about the ass we are trying to remove yet and I would like to keep it that way. We needed the extra money at the time because my Fiance' was not working. She IS working now and I don't need the ass' money and certainly not his attitude.
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Since you do not own the property or have a sub-lease there is almost nothing you can legally do. I'd find another place to live since you are not under a lease.
 
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#11
#11
hog88 said:
In TN yes, but he'll still have 30 days before the Sheriff will set him out. Go through the court and have the eviction notice served, even sending it certified isn't a sure thing.
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Yeah, It could be a long process if he decided to fight the eviction.

I'm pretty stumped on this though. No way to handle it legally without the Landlord knowing.
 
#12
#12
rocktopper16 said:
Yeah, It could be a long process if he decided to fight the eviction.

I'm pretty stumped on this though. No way to handle it legally without the Landlord knowing.
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Yep, he's screwed. I assumed he was the property owner.
 
#13
#13
Honestly, I doubt that the Landlord would be mad at us for letting someone move into that unoccupied room as long as it wasn't bothering him. However, his tune may change if we need his help evicting someone.
 
#14
#14
sigchig said:
This is not my property. We rent. But we have a pretty laid-back landlord who doesn't really ask much of us at all other than pay the rent, which I do. All of the adults minus the one in question here were previously on a lease that ran out months ago and our landlord has not even asked us to sign a new one. Our owner/landlord does not even know about the ass we are trying to remove yet and I would like to keep it that way. We needed the extra money at the time because my Fiance' was not working. She IS working now and I don't need the ass' money and certainly not his attitude.
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I'm pretty sure that legally there is nothing you can do. You can't file to get him evicted as it is not your property. Any steps to get him gone would have to be through the property owner.

You could, however file the order of protection against him, especially if you are worried he might do something to you. That's probably your best bet if he won't leave on his own, but don't give him the heads up that you are considering it.
 
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#19
#19
But you could potentially get in a lot of trouble for that. I'd start looking for a new place.
 
#20
#20
hog88 said:
Bad advice.
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Yep. Again, he doesn't have the power to evict or to remove the guy's stuff from the place. Honestly, his best bet might just be to find another place to live, or to get a new lease from the landlord that state who the occupants are (although, if he's lived there for a while and has been receiving mail to the address, then he's legally a resident until he gets his walking papers).
 
#21
#21
hog88 said:
Bad advice.
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That's really his only option (which is a bad one) without contacting his landlord.

Best bet would be to contact him. The guy could start damaging the property which could get you evicted sig.
 
#22
#22
rocktopper16 said:
That's really his only option (which is a bad one) without contacting his landlord.

Best bet would be to contact him. The guy could start damaging the property which could get you evicted sig.
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If I was the landlord I would evict them all for allowing an unauthorized tenant. If I felt generous, I'd demand my portion of the guys rent that I didn't know about from the primary tenant before signing a new lease. But I doubt I would be that lenient.

His best bet is to move.
 
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#23
#23
hog88 said:
If I was the landlord I would evict them all for allowing an unauthorized tenant. If I felt generous, I'd demand my portion of the guys rent that I didn't know about from the primary tenant before signing a new lease. But I doubt I would be that lenient.

His best bet is to move.
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He's definitely still in a pickle with moving. The guy doesn't have to leave the property even though sig moves out.
 
#24
#24
It just seems so unfair to my family to have to move when he is the one causing problems. We helped him from being homeless and gave him a place to stay and this is the thanks we get in return. I know life isn't fair, but this really really really sucks.
 
#25
#25
rocktopper16 said:
He's definitely still in a pickle with moving. The guy doesn't have to leave the property even though sig moves out.
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The only thing he owns in his room is his TV and clothing. Everything else in the room, including the bed, are ours. All the utilities are in our name. We leave, so does water, electric, cable....he'll be left with a floor and a tv that won't turn on.
 
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