This page only applies to tenants who live in Community Development Complexes. If you are renting an apartment in a housing project run by a Community Development Corporation, there are specific Federal Regulations which govern your rights as a tenant. You have greater rights and protection than most tenants who rent from private landlords, especially when it comes to being evicted. These rights are in addition to the eviction procedures that landlords are generally required to follow. Number 1901 entitled "Rights and duties of tenants" discusses eviction procedures.

A Community Development Corporation cannot evict you unless:

l. You have seriously or repeatedly violated a material term of the written lease rental agreement; or

2. The landlord had other good cause for evicting you. At the present time, the meaning of "good cause" for eviction has to be determined on a case-by-case basis.

At least one of these two grounds for eviction just mentioned must exist to evict you.

If you come under one of the two grounds for eviction, the landlord must first notify you in writing that he intends to terminate your lease. This written notice must include:

1. The reasons why you have to move out.

2.A statement that you may make a reply if you wish.

3. A statement that you may request a grievance hearing under the grievance procedures for your particular Community Development Corporation. Under certain circumstances, for example, illegal or drug-related activity, you may not have a right to a grievance hearing.

The time for written notice varies with the reason the lease is being terminated. First, the time of the notice for non-payment of rent is 30 days, if the rent is not paid within 14 days of the date due. If the resident pays within the 14-day period, and within six months fails to pay the rent again, the Community Development Corporation only has to give 14 days notice, not 30. Second, the time of notice for a threat to the health or safety of residents or CDC employees is a "reasonable time", depending upon the seriousness of the situation. This notice will not be more then 30 days. Under the Tennessee Uniform Residential Landlord and Tenant act, a landlord may give a tenant only three days notice if there is immediate danger to life or property. Third, the time is 30 days notice for all other cases.

The landlord must serve you with this written notice by either sending it by First-Class Mail addressed to you or personally serving it to you or another adult living in your apartment.

After receiving notice to move out, you should move from the premises within the time period provided, unless you feel the reasons given for the eviction are not true or not good cause for eviction.

If you feel the reasons are not true or are not good cause for eviction, you may request a grievance hearing. You should put your request in writing within ten days of receiving the notice to vacate. You are first entitled to an Informal Grievance Hearing which is usually held in the office of manager and in the presence of a CDC Hearing Officer. If you are not satisfied with the outcome of the Informal Grievance Hearing, you may request a Formal Hearing. This request must also be within ten days from the date you receive written notice on the Informal Hearing. At the Formal Hearing, the Hearing Officer will be an impartial person who is not an employee of the CDC.

You will receive a written notice of the time, place and procedures for the Formal Hearing. At the Formal Hearing, you have a right to see and copy relevant CDC documents, a right to be represented by an attorney, and a right to present evidence and examine witnesses. After the hearing the Hearing Officer will send a written decision to you and to the CDC. Even if the Hearing Officer agrees with the CDC's decision requiring you to move out, you still have the right to a trial in General Sessions Court regarding the eviction.

If you do not move from the premises, the landlord must file a Detainer Action in General Sessions Court to evict you. The time of the trial will be stated on the Detainer Warrant which will be served on you. At the time of the trial, you can appear with or without a lawyer and dispute the landlord's reasons stated in the written notice for eviction.

Remember, the landlord must prove you have either seriously or repeatedly violated a material provision of the rental agreement or that you have given the landlord good cause for your eviction.

The landlord may not present additional reasons for the eviction at the time of the trial which were not stated in the written notice to move out.

These rights of tenants residing in housing complexes subsidized by the Federal Government are part of the written rental agreement. Although the terms of the written rental agreement may be changed, and this includes the raising of your rent, all changes must first be approved by the Department of Housing and Urban Development, commonly referred to as HUD. The local Regional Office of HUD is listed in the Blue Pages of your telephone directory under United States Government. You may also call the office of your Congressman.

If you are renting an apartment from a CDC, you are a tenant and have special rights which are in addition to the rights all tenants have under Tennessee Law.

First, a written lease must be entered into between you and your Housing Authority landlord. This lease must include the following items:

1. Description of the apartment, and all members of the household.

2. The length of the lease.

3. The monthly rent.

4. Any additional charges for upkeep and repair of the apartment.

5. The landlord's responsibilities, which include making necessary repairs reasonably, promptly, keeping the electricity, heating and plumbing in good working condition, and providing hot and cold running water.

6. Your responsibilities as a tenant, which include letting only those members of the household described in the lease reside in your apartment, keeping the apartment clean and safe, not damaging any part of the apartment, and not disturbing the peace of your neighbors.

7. A statement that you and the landlord shall inspect the apartment before you move in, and both you and landlord shall sign a written statement describing the condition of the apartment at that time.

You may obtain additional advice regarding your rights as a tenant in public housing from an attorney.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.