Tenant given 12 hours to leave rental, one day late on payment?

by **said99** » Sat Dec 17, 2011 4:01 am

I am asking for a friend. He was one day past his grace period and he was thrown out that night.
I am aware of a 30 day law, but he has already moved out (he wasn't aware of this). He doesn't want to hire a lawyer to sue (his father is in hospice and he really can't fool with that), but does he have other options? Thanks so much...btw we're in TN.

by **seager** » Sat Dec 17, 2011 4:03 am

It was illegal what the landlord did according to Mass laws. I am not sure of your area.

I need more info. Were they in a lease or tenant at will?

If they were in a lease and it is still in effect than he may be able to move back in until he is legally vacated. Problem being he gave keys to landlord or landlord changed locks than he will have trouble entering.

He can call police in this case saying he has been wrongfully excised from his unit. The police can force, provided proof of address, the landlord to allow him back in until they go through the proper channels to vacate them.

by **chadburne48** » Sat Dec 17, 2011 4:15 am

He was one day past his grace period, which means he was quite late with the rent (not just one day late). For the landlord to throw him out like that though, this must have either not been the first time, or he may have not been a good tenant somehow. Usually landlords want their good tenants to stay so they don't have to go through the expense of fixing the place up and finding a new tenant. So I think there is something to this story that your friend is not telling you!!

by **raleah** » Sat Dec 17, 2011 4:21 am

No landlord can evict someone because of being late 1 day with your rent. A landlord must give you reasonable notice or take you to court and have you evicted. I cant see what he can do now he's left though, seek legal advice - there are plenty of places that give free advice but i dont see anything happening!

by **piaras91** » Sat Dec 17, 2011 4:36 am

That sounds pretty harsh. Are you sure he hadn't been late on his rent before? If he'd been warned, then they have every right to put him on a probationary notice and evict him if he doesn't pay by the due date.

by **jorian23** » Sat Dec 17, 2011 4:42 am

wow i give my tenants a written notice after 1 day late that they still get 30 more days then i boot them contractually.

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