Timeline to evict due to vicious animal

[willyk]

Jurisdiction

Tennessee

I have given a tenant 30 days to remove a vicious pit bull from the property or face eviction. They have not complied...do I have to give them the standard 30 day notice to evict or is it less since it is a situation with a vicious animal being harbored there? I have a monthly written lease with tenant with a provision that an animal nuisance is grounds to evict....but lease doesn't stipulate the timeline. Thanks again, Keith P

 

[army judge]

Tennessee Eviction Notice Types
If you wish to evict a tenant before the expiry of the landlord-tenant lease agreement, you must have cause. You may legally evict a tenant for any of the reasons listed below:

> Non-payment of rent
> Violations of the lease agreement
> Wastage or nuisance, and;
> Expiration of a lease

The first step in the eviction process begins by handing your tenant an eviction notice.

Again, the type of notice is dependent on the reason(s) for eviction.

1 = 14 Day Notice – You can serve an eviction notice to the tenant if he or she has committed any of these: failed to pay rent; damaged your rental property; or committed a violent act at the rental unit. Violent acts may include threats to tenants or other people in the Tennessee rental unit property.

2 = 3 Day Notice – You give the tenant this eviction notice if any drug-related activities were committed within the rental premises. This notice only allows the tenant three days to leave the rental property. You can also file an eviction lawsuit against the tenant at the expiry of the 3 days.

3 = 30 Day Notice to Cure – You serve the tenant a 30-day notice to cure/resolve any lease.If the tenant is unable to fix the violation within that time, you can go ahead and file an eviction lawsuit.

Based upon YOUR recitation of events, it appears the eviction that applies is Number 3 above.

Detainer Warrant Process

Needless to say, you need to appear in court in order to win the eviction. You automatically win by default if the defendant (the tenant) fails to show up. If the tenant shows up, then the court proceedings continue.

To win, you need to produce all relevant evidence in court. These include witnesses, rent receipts, the eviction notice, et cetera. Assuming the judge rules in your favor, the tenant will have a maximum of 10 days to leave. The tenant can also appeal the ruling within this 10 day period.

Sheriff Removal Duties
If the tenant hasn't vacated the rental property on the 11th day after the order, you can must ask the court to send the sheriff. Remember, under Tennessee evictions laws, you cannot forcibly remove the tenant yourself even after winning the case. It must be done by law enforcement officers.

This is done after you have filed (with general sessions court) a Writ of Possession for leased premises. The Writ is the document that allows you to take back your property. About 2 or 3 days after filing for the Writ of Possession being, the sheriff has no other choice than to conduct the eviction.

Don't deny the tenant access to the rental property or shut off utilities during this pre-court or post-time frame. Unless you want to be sued for damages!!!

After the tenant has left the rental premises, the landlord may discover some items have been left behind. In such a case, the law requires you to notify the tenant that they have within 30 days to collect their belongings. Assuming the tenant doesn't claim the property within 30 days, you're then at liberty to get rid of it.

 

[zddoodah]

I have given a tenant 30 days to remove a vicious pit bull from the property or face eviction. They have not complied...do I have to give them the standard 30 day notice to evict

Umm...you said that you have the "tenant 30 days to remove" the dog. How was that not "the standard 30 day notice to evict"?

If you don't understand the basics of removing a tenant, then you should get out of the landlord business. In this case, hire yourself a local landlord-tenant attorney to make sure this gets done right.

 

[willyk]

Umm...you said that you have the "tenant 30 days to remove" the dog. How was that not "the standard 30 day notice to evict"?

If you don't understand the basics of removing a tenant, then you should get out of the landlord business. In this case, hire yourself a local landlord-tenant attorney to make sure this gets done right.

Zddoodah, I find your answer to be unnecessarily rude. I gave the tenant 30 days notice to remove the animal or face eviction. It was my hope that they would remove the animal. This was done upon the advise of a local real estate attorney. All I simply was asking is if I had to give them the standard 30 days since they had not complied. I thought that there were certain instances that the amount of days you had to give them varied....which army judge answered very thoroughly and professionally. Maybe you should take notice of how army judge handled the question, seems you could learn a thing or two about being more professional and less of an ass.

 

[zddoodah]

All I simply was asking is if I had to give them the standard 30 days since they had not complied.

You have to give whatever notice is required by your state's laws. Whether the notice you already gave does or doesn't comply is something that no one can determine without reading the notice.