Attorney sheds light on renters’ rights, eviction process
JACKSON, Tenn. — It is important to know your legal rights and duties as a renter. WBBJ 7 Eyewitness News Reporter Emily Goodwin provides information renters may be unaware of.
First know that you have a right to a place that is safe and habitable to live in.
However, not paying your rent or doing anything that makes the place unhealthy or unsafe is breaking the lease.
Professionals say a common misconception people have is to skip payments because repairs have not been made.
In this case the landlord can evict you because you have not paid rent, which is breaking the lease.
If you do not have essential services like lights, water, or plumbing, write your landlord, date it and keep a copy. If these problems aren’t fixed right away you have options on what to do.
“If it’s a situation where the tenant cannot live there, like a habitability issue, they can seek substitute housing,” said Attorney Nick Latimer.
If you have to spend money because the landlord did not make repairs, a judge can order whether the landlord pays you back, but you must have receipts that show how much you spent.
“If the landlord is supposed to make repairs, and if the landlord doesn’t happen to make those repairs, a lot of times tenants think ‘I can just not pay my rent,’ well that is not true,” Latimer said.
And when it comes to eviction, the landlord must give you written notice unless you are behind on rent and your lease says you get no warning.
“In Madison County, under the uniform Residential Landlord Tenant Act, if the tenant waives notice for nonpayment of rent in their lease, then the landlord does not have to give them any prior notice,” Latimer said.
You are then served with a warrant for court. There is a hearing and if you lose, you will be ordered to pay the landlord.
During the 10 days you have to move out, you may file an appeal with a lawyer.
On the 11th day after the hearing, a sheriff will come to remove you and your belongings.
There are multiple resources available so do your research and seek legal services if you have any concerns about your rights as a renter.
Click here for more information on renter’s rights. For information on residences with mold, click here.
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