Is it a red flag if it is the 58th day and there is no movement?

[IHaveRespawned]

My parents are in the process of evicting this hostile leftist tenant living in our home. On August 17th, there was a move out agreement for October 17th with an extension until Oct 31st. A written notice was also delivered. We are on the 58th day now (Oct 15) and upon evaluating security camera footage, I have yet to see any boxes or belongings being removed from the premises. She did take the extension time, but you would think some things would be brought out. Nothing.

I have a feeling my parents will be having to take the court route next.

Again, I would never in my life have the audacity to move into someone's private family residence, pick on the homeowners' son with disabilities, and carry on unscathed while holding part of their home hostage. It is egregiously disrespectful and mind-blowing. There are some really fucked up people in this world, that's for sure.

Yes

No

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[Tamera952]

This requires a ton more context and details to actually weigh in. (Is this in the house, or a detached rental, or? …. you said tenant, so was there a rental agreement? Etc. etc.) …Having actually gone through the long drawn out procedure of formal legal eviction, I can say from experience that people do all sorts of mind blowing things, and have no end of egregious behaviors. I’d would believe just about anything.

[IHaveRespawned]

She is an "at-will" tenant under Tennessee definition, which is equivalent to a month-to-month tenant. She is not under a contract. Only 30 days is required in most cases, except in her case where she was hostile and aggressive towards me, only 3 day notice is legally required. Although, my parents have decided to give her a whopping total of 75 days. A written notice of eviction was delivered via certified mail too (which is also required). She is coming up on the 60th day as of tomorrow, and I have yet to see any boxes being brought out. She has always bossed my parents around and has been hostile towards me who lives upstairs. It is a private family home, with me and my side occupying the top floor and the bitch tenant occupying the bottom floor. Each floor is setup to be its own living space, with an interior stairwell and doors separating the two. Each floor has exterior access. But we do share a driveway, and if course, I encounter her at times when I am working in the yard.

[IHaveRespawned]

*me and my WIFE occupying the top floor

[Tamera952]

Sounds awful. So nobody has checked in with her about her plans? When’s the last time annyone talked to her? Are your parents on board with following through with whatever is required should she not move out? Does she owe any back rent, or is she paid up? And what happens if she doesn’t move out? What do you do then? I don’t know how it works in TN, but do you have to then call the police, because she’s a trespasser? …At what point do you involve the authorities?
Also, was she originally on a contract or lease, and migrated to ‘at-will’ —or— has she always been ‘at-will’ ? If the later, does that make it harder for you guys to evict her?

[IHaveRespawned]

According to my father, she is behind on rent. He spoke with her recently, and she took the extension time mentioned in the eviction notice. She must be out no later than the 31st of this month. My parents would then have to file an eviction lawsuit if she is not out by then, and it could take up to 2 weeks before the actual lawsuit. Then, if the judge rules in our favor, he will issue a writ of possession, and she will have 10 days to move her shit out and vacate. If she still refuses by that 10th day, the sheriff's office can physically remove her. Still, all in all, it will take about another month after her required move out date before law enforcement can remove her.

[Tamera952]

Yes, I’m ever so familiar with the process. I looked into Tennessee’s version, and you’re lucky. The average cost is a few hundred dollars, it happens relatively fast, and the police come on down fairly quickly. I wish my experience was as smooth as that— In California, which is a very tenant-friendly state, they start around $2500.00, take months to roll through court, takes forever to schedule the eviction with the sheriff, etc. (it was forever). All the while you have to pay for their utilities and cannit do anything that could be interpreted as harassment, for months while they stay there rent free, just using up their time as a freebie.
From what I could tell from reading about Tennessee, everything kinda hinged on whether or not they owed rent or not, or that way important in determining the path the eviction takes. How far behind is she? Are they going to go after her for the back rent?

[IHaveRespawned]

Well no shit. You live in California. Another reason why lefty states suck. In Tennessee and in conservative states in general, we take pride in self defense and protecting our personal property. In lefty states like California, they pretty much give your property to other people.

[Tamera952]

Well that’s one way to put it, and look at it, I suppose. …Anyway, I look forward to you posting an update what happens.

[IHaveRespawned]

Update: less than 7 days to go and still no boxes or anything being moved out

[Tamera952]

When zero day comes, who is going to go down and talk to her about her intentions? Or is someone going to chat with her ahead of that time? Is everyone prepared to immediately start the eviction process?

[IHaveRespawned]

On Friday my parents are filing the eviction suit. It is day 71 out of 75, and upon evaluating my exterior cameras, I have yet to see one box or piece of furniture removed. Oct 31 is the very last day outlined in the eviction notice.

[WindAtMyBack]

You should have only given 30 days to start with ( unless your state requires longer ). Then the eviction process should have been started immediately at the end of the 30 days.

But to answer the question, yes it's a red flag. The 31 is a Friday. You should have the paperwork ready to file on the following Monday. The eviction process can take a long time, so best to get it started as soon as possible.

[IHaveRespawned]

My parents gave her 60 days (plus an extension totaling 75 days) in hopes she would leave more smoothly. I cannot believe my parents are so blind. They were already charging her way below market value rent.

[msc545]

This is an elderly white woman? If so, good luck eveicting her in this century. Try paying her to leave - it will be cheaper than going to court and more effective.

[IHaveRespawned]

This is Tennessee. If we don't want her in our family home, we will be able to get her out. It doesn't mean she won't make this easy, however. It will get ugly if she decides to make this difficult.

[msc545]

It does not matter if it is Tennessee. What matters are her age and gender, and your relationship or lack thereof with the local Sheriff or other cop.

She will absolutely make this difficult - plan on it.

[IHaveRespawned]

I wouldn't doubt she will make it difficult. So can I. On the 31st day if she still isn't out, my parents are filing the eviction suit. Not only that, I am contemplating creating a website about her ([her first name][her last name]nightmare. com) and advertising it on the 31st (Halloween).

We'll get her out for sure. It just may require us to undergo a lengthy process.

And by the way, it doesn't matter about race, gender, sexuality, age, etc... That is what leftists like to use: identity politics. And in a two-tiered hypocritical way too.

[msc545]

I think that can be your future. You will be surprised at how much age and gender actually count in these matters. It's not something people talk about very much, but it is something that comes into play quite often, particularly when law enforcement interacts with people like her. Unless she really pisses them off, they are unlikely to be particularly harsh or particularly effective with her.

[Cidknee]

Nah, she'll take it on move day.

[exitseven]

I thought you were talking about bowel movement.

[IHaveRespawned]

Oh haha no

[exitseven]

After 58 days it a a whole nother game.