emergency answer please

We live in TN. My husband lost his job 30 or so days ago and was just hired by a new company. We are late on our rent but the management company understood and was giving us another week or so. Today they call and say that the owner is mad and demands his money today or he is coming tomorrow to turn off the utilities to our family of 5. No notice at all. The management company is upset but they said they can't do anything about it. I called him and tried to reason with him and he was irate and said he will be here with the police first thing in the morning and I need to ASAP if he has the legal right to do so. I appreciate your time and thank you.

He has to evict you in court.

YOU should call the police if he comes, and he cannot turn off utilities--tell the police if he threatens or tries that.

Thank you very much I appreciate it. It has been very scary especially with our small children also being affected. He always tries to take advantage of us because we are "nice", honest people.

I would suggest if he causes any problem that you email world law if you want lawyers to seek damages against him.

And involve the police at the first sign of trouble.

Just Curious... When he shows up, should I tell him anything beyond that it is illegal. Is there any key words in case he asks why? Talking further with the Property Management group, they also told him it is illegal but he said he found someone that told him it was fine to do it. I guess I am just hoping there is some legal "scary" words that I can tell him to make him walk away with no fight. Thanks again for your time, it is greatly appreciated. I will definitely be contacting World Law if it goes any further, thank you.

The police will tell him he cannot turn off your utilities and he cannot remove you or block you. He has to go through a court to do that.

Sure, he found some idiot to tell him he could do it. There's always someone out there who will say what you want to hear. But it's still illegal. Call the police if he shows up and tries any of these tactics. Before he can evict you, he needs to serve you with the appropriate pay or quit notice for your state. TN requires a notice that allows you 14 days to pay and 16 more days to vacate before he can file for eviction against you.

I am back unfortunately. My husband has had a hard time finding a job in this area so we will be more than likely moving by then end of the month for a new job. Our problem is the maliciousness by the landlord has not stopped. We are current for Sept., but owe October. We signed a promise for payment letter with the property management group for Oct 17. The landlord went in to their office afterwards and threatened to pull his properties if they didn't move forward with eviciton immediately. So they filed, we haven't been served yet but we were warned by the management company. He also turned off our water and gas with no notice. We told the utilites people it was illegal and were going to call the police but they didn't care and did it anyways. This was yesterday. I have a 3 year old son with a heart condition and the landlord knows this and it is cold here and I can't cook for my children or keep them warm because we have a gas stove and heat. Am I wrong in thinking he cannot file an eviction until the 18th (all though they will be paid by then) and can not turn off our utilities until we are moved out of the house? Is all of that correct? Again we live in warren county, TN.

Call the health department and building inspector immediately. Let them know your LL has turned off your utilities and that you now have no heat or water. Also contact legal aide about this. What he has done is called a constructive eviction and you can sue him over this.

TN state law 66 28 502. Failure to supply essential services.

(a)(1) If the landlord deliberately or negligently fails to supply essential services, the tenant shall give written notice to the landlord specifying the breach and may do one (1) of the following:

(A) Procure essential services during the period of the landlord's noncompliance and deduct their actual and reasonable costs from the rent;

(B) Recover damages based upon the diminution in the fair rental value of the dwelling unit, provided tenant continues to occupy premises; or

(C) Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.

(2) In addition to the remedy provided in subdivision (a)(1)(C), the tenant may recover the actual and reasonable value of the substitute housing and in any case under this subsection, reasonable attorney's fees.

(3) "Essential services" means utility services, including gas, heat, electricity, and any other obligations imposed upon the landlord which materially affect the health and safety of the tenant.

(b) A tenant who proceeds under this section may not proceed under § 66 28 501 or § 66 28 503 as to that breach.

(c) The rights under this section do not arise until the tenant has given written notice to the landlord and has shown that the condition was not caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.

[LizDC]

I am a realtor and property manager but I not sure of the laws in TN. However, in most places, the landlord would have to file a complaint for non-payment of rent. and in some cases they may have to give you a 30 day notice to correct (the breach of lease) or Vacate. And then the landlord could file suit of you did not cure the default (i.e. bring your account current) You should contact your local sherriff's office, or the Landlord Tenant Court Division for your jurisdiction. I found thiss site for you it gives you the rules for eviction in Tennessee on its main page. Tennessee Evictions hope this helps