Eviction Question

Status
Not open for further replies.

mitousmom

New Member
I'm in the process of evicting a tenant (relative) who moved into my deceased mother's fully furnished house in Tennessee. There is no lease and the tenant does not pay rent.

The tenant will not grant me access to the house. The Court has instructed the tenant not to remove anything from the house during the legal proceedings. What can I do, or ask the court to do, to ensure that my mother's furnishings and personal property are not removed when the tenant is evicted and his stuff is removed from the house?

Thanks
 
I'm not quite sure of all the circumstances here. The person who is living in your deceased mother's fully furnished home is a relative ... however:

1) Was there a Living Will?
2) If there was a Will, has it been probated?
3) Is the tenant an heir to the Will in any manner?
4) Did the tenant live at the home prior to your mother's death?
5) Are you the sole heir to the house, property and belongings?
6) Has the tenant filed any objection to the Will and/or distribution of the estate?
7) Are there any other matters related to the tenant or property as far as potential attachment?

If the tenant has absolutely no stake in the estate and has not filed any objection to the distribution, then I would hope that you have some way of recouping your mother's belongings if he were to remove any of them upon final departure. Have you filed an eviction proceeding ... or is the "court proceeding" you mentioned a probate matter, and not an eviction proceeding? Please provide more details so that we can understand the situation better. Thanks!
 
Thanks for your reply:

My mother died almost six years ago. The relative moved into my mother's vacant house last February. He has no stake in my mother's estate. He was supposed to do some repairs and house sit until my sister, the permanent occupant and one of my mother's heirs, returned. Now, that she is ready to return, he won't vacate the house.

We, the three heirs, have initiated eviction proceedings. He doesn't seem willing to move voluntarily, and probably will have to be physically evicted. We've been told that we have no right to go onto the property until after he's been evicted. We need to ensure that only his things are removed from the house, but we don't know how to do that since we don't have access to the house.

Thanks
 
dana

im on a month to month lease and i was unable to pay my rent on the 12th my landlord
call my house and said i must be out in a couple of days can he do that
 
We've been told that we have no right to go onto the property until after he's been evicted.

This is incorrect. You just have to give written notice of insepction, usually 24 hours and the time must be reasonable. Read up on the Landlord Tenant Act in your state. Then video tape the premises for a record.
 
Status
Not open for further replies.
Back
Top