As the price of rent in Nashville continues to rise, so does the number of evictions. In Thursday’s Citizen Nashville episode, Julie Yriart from the Nashville Hispanic Bar Association took us through each step of the eviction process in Middle Tennessee. Yriart is the legal director of the Right to Counsel Program for low-income renters.
What happens when you are evicted?
First, you landlord has to file for eviction. Next, the sheriff will come to your home with a “detainer warrant,” or what’s better known as an eviction notice.
“It’s scary because it sounds like you might be going to jail, but that’s not what it is,” explained Yriart.
The eviction notice will have a court date on it. In court, the judge will start out by reading the docket sheet, which is like taking attendance. If you miss your court date, the judge will issue a default judgement in favor of the landlord.
“If it’s your first time in court for eviction, you have the right to ask the judge for a continuance. This give you up to 15 days, and can give you enough time to get in touch with Legal Aid,” she said.
After that, there’s a break, and everyone goes out into the hall. During this time, your landlord’s attorney will often try to come to an agreement with you. Yriart said to be extremely careful about signing any agreements, especially if you do not have a lawyer of your own, and to ask detailed questions before you sign anything.
“You don’t have to come up with an agreement. … If it’s not fair, you can go back into the courtroom,” Yriart said
Resources
Elizabeth Leiserson from the Legal Aid Society of Middle Tennessee and the Cumberlands joined Yriart to share some resources for tenants facing eviction or are concerned that their landlord may file for eviction. Both Leiserson and Yriart stressed that it is vital to reach out for help, including legal expertise, as early as possible.
Leiserson said that this helpline is a “one-stop shop” for a wide variety of resources in the Middle Tennessee area. She explained that they can direct you to the organizations that currently have rental assistance available and help you find resources specific to your area.
Nashville Conflict Resolution Center
This organization offers out-of-court mediation that can help tenants and landlords come to an agreement (such as a payment plan) to prevent or offer an alternative to eviction.
This commission can help residents with utility bills, rent, mortgage, property tax and other emergencies depending on their income.
This organization can provide rent or mortgage assistance, particularly if an emergency has left you temporarily unable to pay rent.
The Legal Aid Society of Middle Tennessee and the Cumberlands
This organization provides legal representation to help you navigate the eviction process and come to the best agreement possible. Leiserson explained that having a lawyer means that you have an advocate in court and can ensure that every aspect of your specific case (such as disability or temporary loss of income) is considered.
- If you are in Davidson County, call 833-837-HOME
- For all other counties in Middle Tennessee, call 1800-238-1443
Nashville Hispanic Bar Association
Like the Legal Aid Society, this organization can provide legal representation in eviction cases. They have specific expertise working with tenants who are immigrants or who do not speak English as a first language.
This search engine allows you to search for housing by income, and has an “affordability calculator” feature.
Collective bargaining
“Collective bargaining can be an excellent resource,” said Yriart, adding that local organizations like Worker’s Dignity have had success organizing tenants, especially in South Nashville.
Myths about eviction
You can’t stop paying rent because landlord hasn’t made repairs.
This may seem unfair, but Leiserson explained that under Tennessee law nonpayment due to incomplete maintenance or repairs only gives your landlord grounds to evict you.
Your landlord cannot turn off utilities or change locks for nonpayment without going to court.
“You can’t change locks or turn off utilities until a judge says you can,” said Leiserson.
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