What to do if I recieved a letter in the mail for a “notice to vacate” but was never “legally served” with an eviction notice?

I was informed today that I have to move out by the 23rd 92 days) and am a single mother with 3 children; 1 of whom has medical and psychological special needs. I found a place to move to but the property isn’t available for another 3 weeks. I was told to “find a storage unit to move my things to and stay with friends”. I don’t have friends/family in the state, am in the midst of an ugly divorce, and am terrified. Any advice is appreciated.

Asked on January 20, 2013 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the laws of all states in this country the mailing, personal service of posting of a notice to evict is sufficient to place a tenant on notice that his or her lease is at an end.

The legal service that you are referring to as to personal service is when there is a lawsuit filed with a summons and complaint. From what you have written about, you were legally served by your landlord that your lease is coming to an end.

If you need more time to move out consult with the landlord. The presumed two day time period to move out is improper. Under the law, the landlord must give you thirty (30) days notice to move out.


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