Landlord Question and Answer Forum

I live in the state of Tennessee. My husband's brother-in-law had lived in our rental house for 4 years, and only paying rent for an average of one and half years. His daughter lived with him until the last two months of his residency there, at which time she had moved in with her boyfriend. His brother in-law moved out Nov. 30, 2010. The power to this residence was turned off for non-payment on 10-21-10. My husband and I wrote up an agreement with his niece on 12-1-10 that she would stay in the house a minimum of one night a week, start cleaning it up and removing the contents her father left which she claimed. We had the power and water turned on in our name and was allowing her to stay there and keep her son one night a week, which she does not have custody of and can not keep overnight at her boyfriends. His niece agreed to all the above mentioned and was to immediately start cleaning out rooms so that we could go in and start cleaning up, painting and fixing up to rent. This agreement was to expire if rules were not followed and she was to have everything out by 2-1-11. Eleven days later, we finally contacted her at her job, as she would not answer or return our phone calls. She has not lived up to any of the agreement except for removing the cat. My husband told her today that she had until this weekend to get what belongings she wanted out and we would be picking up her key. My question is, do we have to go through the eviction process, hold the contents of the house (which she signed that if terms were broken or at the end of 2 month agreement, became ours to dispose of as we saw fit) or give her additional time? She signed that she would be out in 48 hrs. if agreement was broken or by 2-1-11. Being fair, he has given her 6 days to complete this transaction. Sorry to ramble on, I just need legal help on what our options are. Thanks in advance for your assistance in this matter.

This is a complicated issue and probably getting an attorneys advice would end up saving you time and money. Tennessee law states: 29-15-103. Parties defendant. (a) The action is brought against the actual occupant, if any, and, if no such occupant, then against any person claiming an interest therein, or exercising acts of ownership at the commencement of the suit. (b) When the suit is against a tenant by a party claiming adversely to the title of his landlord, the landlord may appear and be made a defendant with, or in the place of, the tenant. Since this person has an interest in the property, I would assume by the contract you have signed witih her with the arrangement you have agreed upon, then you would probaby want to go through normal eviction procedures, to regain possession back. the complication is this: Did the original Tenant agree to the agreement you have created between you and his daughter? Did you formally evict him? Did he hand over his keys relinquishing his right? Did he really abandon the property? These are all questions that need to be assessed before moving forward. But before you shut off any utilties OR lock her out.

Posted by Denise S, PA on Tuesday, December 21, 2010

We were not going to shut off utilities. I turned them on on Dec. 1 when she agreed to the terms of staying there one night per week, clean and pack belongings. The power had been shut off for 6 weeks before I paid deposit and reconnect fees. The only thing she has done is remove the cat from residence, leaving behind it's poop in the floor. She had never rented the house, only her parents, which would never pay the rent. The father moved out on Nov. 30, but left some of his property there. Told me in Oct. when I tried to get rent that he would be out, his choice, by Nov. 30 and whatever he didn't take that I could carry it to the road. He then told daughter when she came by that she needed to find somewhere to take her stuff, because they were out of there by Nov. 30. She did go up 6 days later after we told her to get out and removed tv and put a few things in a box. She was supposed to be getting a storage unit and putting her stuff there since she lives with boyfriend.

Posted by Rita M, TN on Tuesday, December 21, 2010