Legal Question in Landlord & Tenant Law in Tennessee

My husband is having my 18yo son evicted from our home because of disrespect, history of illegal drug use and stealing. We are co-owners of this home. My husband has spoken with a local judge regarding the situation, who advised him to send a certified letter stating his intent that if my son has not vacated our home by July 2, he will be removed. Does he have a legal right to do this without me agreeing?


Asked on 6/29/10, 9:58 am

1 Answer from Attorneys

Howard R. Peppel Peppel, Gomes & MacIntosh, P.C.

As an owner of the house, your husband has the legal right to have your adult son evicted through a "Forcible Entry and Detainer" (FED) action initiated in the local court regardless of whether you want that to occur or not. I recognize that as the mother you do not want your son to be evicted and that your husband's action would negatively impact your marriage. However, there are other concerns that you should consider. If your son is currrently involved in drugs and there should be any drugs in the house, you and your husband could easily find yourselves facing criminal charges for the possession of drugs. Although you would probably be exonerated, you could nonetheless be subjected to the expense and embarassment of having to defend yourselves on a criminal charge. The same is likewise true if your son is still involved in actions of larceny.

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Answered on 7/05/10, 9:46 am


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