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The One Hundred and Five Day Saga

Once apon a time there was a very tenacious tenant. He loved his dogs, all fifteen or so of them. When the family told him he had to get rid of the dogs and trash or leave - he refused to do either, and so the saga began - 30 days at a time.

When the family served him with the Eviction Notice, the tenant decided to fight. He intended to stay. After all there was once such a thing as squatter's rights. "Perhaps," the tenant thought, "the old law could be brought back." He cursed, and gestured trying to fight with all his might the Eviction Notice. A "No Trespassing" sign he put up - this would declare the hill was his. The saga continued for thirty more days.

The family then obtained the Detainer and it was served and made the tenant madder still. He produced a gun and made his threat - he would stay. The fierce pit bull and other large dogs he set loose against the family, after all he deserved to stay on this piece of land he called home. Never mind not a mortgage payment he made nor taxes charged to his name. He had made this hill his home and stay he would. The saga continued for thirty more days.

Judgement Day came at last for the tenacious tenant. When asked if he contested the eviction - "YES!" cried the tenant, "for this is my home!" Fifteen more days declared the Judge then off the hill the tenant shall go. Gesturing and cursing the tenant left the judgement hall declaring that he would stay as long as he wanted. The saga continued for fifteen more days.

Doom's Day for the tenacious tenant - November 12th. Day and night - he came and went as he pleased. Never mind the Judge's decree, after all this had been his home. He had squatter's rights. Had he not been here for years, had he not spread his vehicles and dogs over the hill and taken control, he would still prevail and come and go like the king of the hill. The saga continued for five more days.

Reckoning day for the tenant - November 17th. The family all gathered round the hill - cleansing and purging the old home place of any hint of the tenacious tenant. But what did they see - the tenant coming up the drive and waving his hand. He was so pleased to see that everyone had gathered to welcome him home. He drove up the hill to where his dogs used to live and the family met him there......

He was met with determination and resolve. Never to return the tenant was told. There was nothing left for him on this little hill but threat of charges and a little cell at the County jail. The tenant left in a hurry he did. Backed right out as fast as he could with the threat of jail still ringing in his ears. The Sheriff's deputies met him with blue lights flashing and confirmed that he was no longer king of the hill and never to return to his former abode.

The family rejoiced and was thankful the tenacious tenant was gone, vowing never again to let a tenant spoil their beautiful homeplace.

FYI:

For those of you thinking about renting to others. Beware that the law allows a tenant:

• 30 Day Written Eviction Notice
• 30 Day Detainer - to allow the tenant time to obtain a lawyer to "contest" the Eviction.
• 15 Day Judgement that the judge normally gives on the court date to allow the tenant to appeal.
• If the tenant leaves anything behind he can still obtain a writ of possession and come back with police escort after a lengthy period of time to claim his property.
• If the tenant decides to appeal, even more time can pass before you're rid of him.

Most "tenacious" tenants know the law better than the average citizen and will take advantage of all the "30 Day" notices given. You can:

• Rent by the week and shorten the time frame.
• Make the rental agreement in writing -not a handshake.
• Do a background check and credit check before renting the place out. (And
  charge an application / credit check fee for it.)
• Get a large deposit up front. (Most deadbeats can't come up with the larger
  deposits.)
• Hire an off-duty sheriff's officer as a "security patrol" for your property
  if the tenant gets fiesty. If he sees an officer around a lot or just
  sitting in his car "patroling the property" the tenant gets intimidated.
• At the first sign of trouble - start the eviction.

Hence if the tenant moves a trailer onto your property, he can tie up your property for months if not years. In Greene County the Sheriff's department will not move trailers off the property. In bordering counties the Sheriff's Department will move the trailers to an impound lot.

This particular tenant is a habitual offender and driving on a revoked driver's license - has been for at least eight years and the Sheriff's Department can't or won't get him off the streets. The dispatcher and the officer that responded on the 17th both stated that they knew he was driving without a license but there was nothing they could do until they actually see him. In our case, the Sheriff's Department in Greeneville, did not search for or secure the gun that was used by the tenant.

I have called and emailed the Sheriff in Greene County and he has yet to call or email me back. When he does I'll make note of it here.