(DOWNLOAD) "Memphis Housing Authority V. Thompson" by 2000 Session Heard at Jackson *Fn1 In the Supreme Court of Tennessee at Jackson November 16 # eBook PDF Kindle ePub Free
eBook details
- Title: Memphis Housing Authority V. Thompson
- Author : 2000 Session Heard at Jackson *Fn1 In the Supreme Court of Tennessee at Jackson November 16
- Release Date : January 20, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
The appellee, Memphis Housing Authority brought this unlawful detainer action seeking to evict the appellant, tenant Tara Thompson, after drugs were discovered on the father of her child while he was inside her apartment. The trial court granted summary judgment to the appellee, and the Court of Appeals affirmed, finding that the lease agreement imposes strict liability upon the appellant for the drug-related criminal activity of her "guests and other persons under her control." We granted permission to appeal to consider the appropriate standard that applies when a public housing authority seeks to evict a tenant for drug-related criminal activity. This is an issue of first impression in Tennessee. After due consideration, we hold that the lease agreement imposes strict liability for drug-related criminal activity engaged in by the tenant or any household member but permits eviction for the drug related criminal activity of "guests and other persons under [the tenant's] control"only if the tenant knew or should have known of the drug-related criminal activity and failed to take reasonable steps to halt or prevent the illegal activity. Accordingly, we reverse the judgment of the Court of Appeals and remand this case to the trial court for reconsideration of the appellee's motion for summary judgment under the legal standard announced herein.
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