falsifying eviction grounds

Nov 18, 2007 20:12

The apartment complex my fiancé and I live in was bought by a new company last month. Since they moved in they have not been able to provide maintenance, janitorial services, or on-site security (which was all a part of our lease). They provided a patrol service (which is useless) and have claimed to be looking for maintenance that we have yet to see (with two outstanding maintenance related problems that were not formally reported but that management knows about). They had taken away the computers in the business center for a period of time due to vandalism which was merely a change on the computer's wallpaper (desktop) (also a violation to our lease, we were told).

This month begins and there is a notice in the elevator stating they have not received the utility bill and it was optional to pay the rent on the first or wait until the utility bill was in. The fifth of the month comes (which is when rent would be considered late under normal circumstances), and there is finally a notice on the door of our apartment which states the utility cost for the month and that we have five (5) days to remit that payment. The 6th I went to school around 9 am, and did not return until 9 pm to find a notice unfolded and face up on the floor. This notice was a Delinquency Notice which was an itemized bill saying we owe them $60 late fee for non-payment of rent.

I go to work on the 7th and during my shift I stop by the apartment to get something. While I'm there I go into the outer office (cabinets for mail are there) and ask them what this late notice is about(as we had dropped our check off for rent and utilities the night before). One of the property managers comes out and we sit at a small desk completely outside of the office in the lobby area. We talked for a few minutes when I said I'll be back and go up to my apartment and come back down with my fiancé. We sit back down and continue the discussion about the late charge. I admit I raised my voice, but then again who doesn't when they get upset? My fiancé was there with me at that time and she got me to calm down and we ended up getting the late fee dropped.

It was over so we thought...

On the day of the 15th I go to check my mail. I find a letter from the Property Management’s Attorney. This letter was written on the 12th and mailed on the 14th. The notice says we have 14 days to vacate because they are accusing me of belligerent behavior and knocking over a lamp and a chair in the office. It said the sheriff would come to evict us if we had not left by the 14th day.

Remember I never set foot in the actual office on the 7th.

Questions:

1. Can some please describe the eviction process?

2. What can we do to prove that they are falsifying the eviction grounds?

3. What day would the Sheriff show up? On the 26th, 14 days after the notice was written? On the 29th, 14 days after we received it? Or can the Sheriff even be involved in this yet?

4. Can they forcible make us leave?

5. Don’t they have to take us to court first before we actually can be forced to vacate the premise?

6. New Management has been really shitty to a lot of people, is there anything we can do to get rid of them?

BTW, this is all happening in TN.

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