Any way to stop an eviction, or give it pause?

[LoganSM423]

Jurisdiction

Tennessee

So my landlord has filed to evict my mother (48f) and I (23m) for 'failure to pay rent', however the information on the paper sent to us was incorrect.

1. There was never a signed lease. All agreements were made verbally, or sent through text messages.
2. The name indicated is incorrect and isn't the legal name.
3. The photo attached as proof that an eviction notice was posted isn't even of our front door, and the information on that paper posted is incorrect as well.
4. The address we are being 'evicted' from isn't our address, nor is it the address that he shafted us from moving in to either.

On top of all of this, it took him 2 months to send someone over to fix the floor because it's peel and stick flooring and was torn up. That wouldn't be a problem if my mother wasn't a fall risk. Moldings around the house are covered with electrical tape, there is a water damaged wall that shorted out a power outlet this summer past, and we had to wait 4 days for someone to come fix it and in the meantime we were told that "ac is provided as a luxury, not a necessity. You can wait a few days and someone will come fix the plug." We have no frame around the inside of our door, there is a hole in the ceiling that was filled with toilet paper and just left as that.
The cherry on top is just the small stuff, like I had to cover a hole in the floor with duct tape so that my mother wouldn't trip on it walking to her room, or that when the electrician came over he said someone would be by later that day to take a look at the wall, and that was a month ago.
We aren't the only tenants in the building who have had issues that haven't been rectified either. With all that said is there anything I could take to court to try and either stop the eviction or even get us an extension on it, maybe give us a little more time?

 

[army judge]

With all that said is there anything I could take to court to try and either stop the eviction or even get us an extension on it, maybe give us a little more time?

Let's address your issue alleging there is no written lease first.

Can you evict a tenant without a lease in Tennessee?

Yes, you can evict a tenant without a lease in Tennessee. If it's an unauthorized subtenant or other unauthorized occupant, you must provide 3 days' written notice. For week-to-week tenants with expired leases, you must provide 7 days' notice, while month-to-month tenants must receive 30 days' notice.
...

During pandemic days, perhaps, one might have found it easier to forestall an eviction.

However, as things have slowly returned to a somewhat normal state, there's nothing one can do to stop the wheels of a lawful eviction, other than offering to pay in full all monies owed the landlord. In fact, in some cases, paying in full only avoids a judgment.

According to eviction laws in Tennessee, the first major phase of the eviction process may be broken down into five steps:

A tenant must receive a Tennessee eviction notice.
The landlord files an eviction claim in court.
The tenant must be personally served a copy of the summons and complaint.
The tenant responds to the complaint.
The court renders a decision based on the merits of the complaint and answer.
In order for the proceedings to be valid and binding, all these steps will have to be complied with. Let's take a closer look at these five steps.

Step 1: Tenant must receive a "Notice to Quit."
To initiate the eviction process, the landlord must first issue a notice to the tenant that the landlord is seeking to repossess the rented or leased property. This notice called a "Notice to Quit," must state the intention to initiate eviction, together with the reasons for eviction. The landlord must request this document from the court, and must also include the exact name and address of the tenant, as well as the exact rental unit number and floor of the tenant's residence. It must also be signed by the landlord.

The Notice to Quit generally aims to provide tenants with a chance to rectify whatever violations they made against the lease terms. If the violation is non-payment of rent, for example, the tenant may correct this by settling their rental fees. This is an example of a Conditional Notice to Quit, as the tenant may comply with the conditions in order to avoid eviction.

In some cases, however, the landlord may issue an Unconditional Notice to Quit, especially when the violation is so serious that it endangers the economic interests and physical safety of the landlord and/or their property. In this case, the tenant is not given the opportunity to remedy the situation. They must leave the premises.

Step 2: Landlord files a claim for eviction in court.
If the tenant fails to respond to the Notice to Quit or to rectify their violations of the lease agreement within a reasonable time, as stated in the notice to quit, the landlord may file an eviction claim in court.

Step 3: The tenant must personally be served a copy of the summons and complaint.
This step is required in order to respect the tenant's procedural due process rights. Either a sheriff or process server must personally serve these documents to the tenant or their authorized representative.

Step 4: The tenant must respond to the complaint.
The tenant shall be given a reasonable amount of time to respond to the complaint and share their view on the issue. Failure to do so will entitle the landlord to request a writ of possession by default.

Step 5: The court renders a decision.
In order to arrive at a decision, the court will have to hold a hearing and trial to hear both sides, that of the landlord and the tenant. If the court finds that the landlord is justified in repossessing their property, the court will issue a writ of possession, which entitles the landlord to regain possession of their property. If the tenant refuses to leave, a law enforcement officer will escort them out of the property.

However, as mentioned earlier, if the tenant does not respond to the complaint in a timely manner, the judge may, upon request of the landlord, issue a writ of possession by default. It's important to note that a writ of possession by default may only be issued if there was valid personal service of the summons and complaint to the tenant.

How to Stop The Eviction Process?
If the landlord has just and valid reasons to enforce the eviction, the only remedy for the tenant is to rectify the violation. In eviction cases caused by non-payment of rent, for instance, the tenant will have to pay rent in order to avoid eviction.

On the other hand, tenants can raise the defense of "retaliatory eviction" in cases where the landlord takes advantage of the eviction process to get back at tenants who seek to enforce their rights as tenants. For example, if the landlord committed a housing code violation or if the landlord fails to maintain the premises and the tenant complains or reports this to the appropriate authority, a landlord cannot retaliate against the tenant by commencing eviction proceedings.

Conclusion
Housing is a basic human right, and upholding one's right to a decent home is important now more than ever. Although the Centers for Disease Control and Prevention (CDC) has just announced a new 60-day moratorium on evictions, especially in states that have high rates of COVID-19 transmission, many Americans still face the risk of eviction in the near future. Meanwhile, landlords all over the country are now collectively owed over $20 billion in unpaid rent.

Tenants should know their eviction rights in Tennessee in order to avoid any injustice, while landlords should comply with the laws so they can enforce their rental agreement without violating anyone's rights.

Tennessee Eviction Process: Laws, Steps, Timeline | Lawrina
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If you need financial assistance in TN paying your rent, read this:

Eviction and homeless prevention Tennessee
...

You might find this to be very helpful.
Agencies in or near Morristown, TN offering rental assistance to avoid homelessness:

Morristown Tennessee Rent Assistance Programs
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Best 2 Rental Assistance Programs in Morristown, TN with Reviews - YP.com
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https://affordablehousingonline.com/housing-search/Tennessee/Morristown
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Tennessee Rent Assistance - Help Paying Rent in Tennessee
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[adjusterjack]

With all that said is there anything I could take to court to try and either stop the eviction or even get us an extension on it, maybe give us a little more time?

Other than filing for bankruptcy, paying the delinquent rent is what can stop the eviction.

 

[justblue]

So my landlord has filed to evict my mother (48f) and I (23m) for 'failure to pay rent', however the information on the paper sent to us was incorrect.

1. There was never a signed lease. All agreements were made verbally, or sent through text messages.
2. The name indicated is incorrect and isn't the legal name.
3. The photo attached as proof that an eviction notice was posted isn't even of our front door, and the information on that paper posted is incorrect as well.
4. The address we are being 'evicted' from isn't our address, nor is it the address that he shafted us from moving in to either.

On top of all of this, it took him 2 months to send someone over to fix the floor because it's peel and stick flooring and was torn up. That wouldn't be a problem if my mother wasn't a fall risk. Moldings around the house are covered with electrical tape, there is a water damaged wall that shorted out a power outlet this summer past, and we had to wait 4 days for someone to come fix it and in the meantime we were told that "ac is provided as a luxury, not a necessity. You can wait a few days and someone will come fix the plug." We have no frame around the inside of our door, there is a hole in the ceiling that was filled with toilet paper and just left as that.
The cherry on top is just the small stuff, like I had to cover a hole in the floor with duct tape so that my mother wouldn't trip on it walking to her room, or that when the electrician came over he said someone would be by later that day to take a look at the wall, and that was a month ago.
We aren't the only tenants in the building who have had issues that haven't been rectified either. With all that said is there anything I could take to court to try and either stop the eviction or even get us an extension on it, maybe give us a little more time?

Why would you want to continue to live in such a place? Take all the money you saved by not paying your rent and find decent housing.