Explanation of Eviction Process
Yesterday a notice of procedure to evict (which may be read lower on this page) was delivered to your residence at 945 Fox Ridge rd. Unless this is settled first, In 30 days a court date will be set to petition for a judgment against you for all rent, deposit, damage, cleaning, wear and tear, penalties, interest, court costs, legal fees etc which accrue until that time.
Since you are all on the lease contract and are jointly and severally liable for these expenses a judgment against you would be applied to everyone involved and could result in wage or tax refund garnishments and negatively effect your credit status, also affected could be your ability to get government, law enforcement, healthcare or private sector jobs for years to come.
To avoid all of that I would like to make this proposal – If the house is completely vacated by everyone, and no significant damage is done to the premises by Sept 31. I will drop the whole thing – no one has to pay me another penny.
If however this goes to court we will go after – and based on previous experience with this process probably get – a judgment for every single penny which is possible, including full rent for any partial month that the house is in your possession. I will petition for joint and several judgment as agreed in our contract – which means that everyone will be on the hook for the full amt until the full amt is paid. If this goes on and I have not been paid the full judgment within the time allotted I will turn it all over to collections – which most certainly will affect your credit and ability to rent or secure employment in the future.
So, to avoid all of this you should simply vacate this house so that we can all move on with our lives and it can be rented to someone who will actually pay the rent.
FIVE (5) DAY NOTICE OF PROCEDURE TO EVICT AND TERMINATE TENANCY
September 14, 2015
945 Fox Ridge rd.
TO TENANTS AND ALL OTHERS IN POSSESION OF PREMESIS LOCATED AT:
945 Fox Ridge rd.
PLEASE TAKE NOTICE that pursuant to the lease and/or rental agreement contract under which you hold possession of the herein described premises – as of this date there is now due unpaid and delinquent rent in the total sum of $995.00. In addition there is also now due an accrued late penalty in the sum of $50.00 + $500.00 unpaid security deposit. Therefore the total amount due at this time is $1545.00.
PLEASE TAKE FURTHER NOTICE that within FIVE days of the receipt of this notice, you are hereby required to pay the past due rent penalties and deposit as per out agreement OR quit the subject premises, move out and deliver up possession of the same to Landlord. Failure to pay the rent etc. AS PER OUR AGREEMENT or vacate the premises WITHIN FIVE (5) days of this notice will result in forfeiture of the lease and/or rental agreement and will precipitate legal proceedings against you to recover THE TOTAL AMOUNT DUE for rent, penalties, fees, legal and/or collection expenses, damages and possession of the premises – as described in the lease/rental contract.
LANDLORD PRESERVES ALL RIGHTS AND REMEDIES PROVIDED UNDER THE LEASE/RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF TENNESSEE AND PUTNAM COUNTY INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS WAIVER OF SUCH RIGHTS AND REMEDIES.
Dated September 14, 2015
SD Sales and Development corp.
453 E. Whitehall rd.