IN THE CIRCUIT COURT FOR POLK COUNTY, TENNESSEE CHARLES E. MOORHOUSE, JR , and wife, JOYCE ANN MOORHOUSE, Plaintiffs, v. Docket No. 16-C\- &3 RICK TYLER, Defendant. COMPLAINT FOR UNLAWFUL DETAINER AND DAMAGES ‘COMES NOW the Plaintiffs, Charles E. Moorhouse, Jr., and wife Joyce Ann Moorhouse, by and through counsel, pursuant to Tennessee Code Annotated Section 29-18-101 et al, for unlawful detainer and for damages, including unpaid rent, resulting from Defendant's occupancy of various real properties owned by the Plaintiffs. PARTIES AND JURISDICTION 1. The Plaintiff's, Charles E. Moorhouse, Jr., and wife Joyce Ann Moorhouse, are Citizens and residents of Meigs County, Tennessee. However, the Plaintiffs are the owners and landlords of various real properties as further described herein and leased to the Defendant. 2. The Defendant, Rick Tyler, is a citizen and resident of Polk County, Tennessee, and is the Tenant of various real properties as described herein. 3. This Honorable Court has jurisdiction pursuant to T.C.A. Section 29-18-108 as the leased real properties are all located in Polk County, Tennessee. Facts 4. The Defendant, Rick Tyler, previously leased various real properties located in Polk County, Tennessee, from Charles E. Moorhouse, and wife, Joyce Moorhouse, who were the parents of the Plaintiff, Charles E. Moorhouse, Jr.. Joyce Moorhouse died o} r leaving Charles E. Moothouse as the surviving tenant by the entirety. Chgles| SEP 27 2018 MELISSA KEITH CLERK OF COURTSdied December 3, 2015, and the Plaintiffs received all interest in these lease properties following his death. The Plaintifis also leased properties to the Defendant owned by the Plaintiffs. 5. The Defendant has willfully failed to pay rent pursuant to the terms of the written lease agreements and is in default thereunder so that Plaintiffs are entitled to recover possessions of such real properties and request this Court evict the Defendant from said real properties. 6. On or about June 12, 2018, the Plaintiffs personally hand-delivered a written notice to the Defendant of the default which notice gave the Defendant fourteen (14) days to pay the delinquent balance or vacate the premises. A copy of said Notice is attached hereto as Exhibit A. ‘The Defendant has failed to cure the default by the payment of such delinquent rent. Further, the Defendant has failed to voluntarily vacate and surrender possession of said real properties to the Plaintiffs. 7. Furthermore, on June 12, 2018, the Defendant became agitated and aggressive toward the Plaintiffs delivered the Notice to the Defendant. The Defendant made statements such as “it will be the biggest mistake of your life” and “you will regret it” during a heated discussion with the Plaintiffs. The Defendant also has possession of valuable equipment and fixtures of the Plaintiff that are utilized in the real property known as the “Whitewater Grill,” and the Plaintiffs are fearfully that the Defendant may damage or attempt to remove those equipment and fixtures after the filing of this action. 8. The approximate balance due in delinquent rent as of September 1, 2018, is $221,358.00. The Defendant also owes un-reimbursed utility payments in the amount of $815.98to Plaintiffs. CAUSES OF ACTION UNLAWFUL DETAINER 9. WHITEWATER GRILL 1224 US-64, Ocoee, TN 37361. This property was initially leased to the Defendant for $1,500 per month in rent by the parents of Plaintiff Charles E. Moorhouse on September 15, 2009. A copy is attached hereto as Exhibit B. On December 1, 2015, a new lease was executed between the Defendant and the father of Plaintiff Charles E. Moorhouse. A copy of which is attached hereto as Exhibit C. The Defendant has willfully failed to pay rent when due resulting of a delinquent balance. Furthermore, on or about August 10,2018, the Plaintiff received Notice of Violation from the Tennessee Department of Environment and Conservation that a malfunction of the subsurface disposal system had occurred on this property. 10. 240 HIGHWAY 64 — House, Shed, and Campground. This property was initially leased to the Defendant for $800.00 per month by the Plaintiffs on July 1, 2011. A copy of the Lease is attached hereto as Exhibit D. On January 16, 2012, a new lease was executed between the Defendant and the Plaintiff Charles E. Moorhouse, Jr. when additional property was added to the lease. The new lease included additional property of a former campground and was for the amount of $1,282 per month in rent. A copy of which is attached hereto as Exhibit E. The Defendant has willfully failed to pay rent when due resulting in a delinquent balance due. 11. 1206 E Highway 64, This property was initially leased to the Defendant for $300.00 per month in rent by the parents of Plaintiff Charles E. Moorhouse on October 1, 2011. A copy of said lease is attached hereto as Exhibit F. The Defendant has willfully failed to pay rent when due resulting of a delinquent balance due. 12. Highway 64 — Cookson Creek Camp Ground/Johnny’s Pizza. The Plaintiffs leased this parcel to the Defendant on July 1, 2014 for $1,250.00 per month in rent. A copy of said lease is attached hereto as Exhibit G. The Defendant has willfully failed to pay rent when due resulting in a delinquent balance due. 13. 1206 A, B,C, and D -4 Unit Apartments. This property was leased to the Defendant for $1,225.00 per month in rent by the parents of Plaintiff Charles E. Moorhouse on December 1, 2015. A copy of said lease is attached hereto as Exhibit H. The Defendant has willfully failed to pay rent when due resulting in a delinquent balance due. 14, 1174 Highway 64 — known as Race Track. This property was leased to the Defendant for $600.00 per month in rent with an increase to $650.00 per month after the first year of the lease by the parents of Plaintiff Charles E. Moorhouse on December 1, 2015. A copy of said lease is attached hereto as Exhibit I. The Defendant has willfully failed to pay rent when due resulting in a delinquent balance due. 15. 1344 Highway 64 - Lots |_and 2 of River Bend Estates with log cabin and house. This property was leased by the Defendant from the Plaintiffs on August 1, 2015, for a monthly rental amount of $ 1,400.00. Said rental payment was to begin when the sewer was installed which 3‘was completed on June 7, 2016. A copy of the Lease is attached as Exhibit K. This property was ‘supposed to be surrendered by the Defendant previously; however, he remains in possession and has not removed all of his personal effects from the property. The Defendant has willfully failed to pay rent when due resulting in a delinquent balance due. DAMAGES 16, Plantifis hereby incorporate by reference Paragraphs 1 through 15 above and hereby seek a judgment against the Defendant for the delinquent rents as set forth herein above, plus late fees, utility payments, and unpaid rent that continues to accrue until the Defendant is removed and vacates the properties. 17. In addition to the foregoing, the Plaintiffs had leased other real properties to the Defendant which properties the Defendant have voluntarily surrendered possession; however, delinquent rent remains to be paid. Those properties are as follows: a. 158 River Bend Drive, Ocoee, Tennessee — Lot 3 River Bend Drive. This property was leased by the Defendant from the Plaintiffs on August 1, 2015, for a monthly rental amount of $ 1,400.00. A copy of the Lease is attached as Exhibit J. This property was voluntarily surrendered by the Defendant on May 17, 2018. However, at the such time, the Defendant was in arrears in rent which is due and owning to the Plaintifis, b. 1316 Highway 64 — This property was subject to a verbal lease between the Plaintiffs and Defendant in approximately October of 2012 for a rental amount of $550.00 per month. This property was voluntarily surrendered by the Defendant on June 1, 2018. However, at the such time, the Defendant was in arrears in rent which is due and owning to the Plaintiffs. c. 124 River Bend Drive — Water Plant - This property was subject to a verbal lease between the Plaintiffs and Defendant in approximately January 2013 for a rental amount of $400.00 per month. This property was voluntarily surrendered by the Defendant on December 1, 2017. Yet, the Defendant continues to have a billboard upon the property and have horses upon this parce! until June 1, 2018. However, at the such time, the Defendant was in arrears in rent which is due and owning to the Plaintiffs.18. Furthermore, Plaintiffs seek actual damages, if any, to be determined upon the Defendant’s termination of possession for damages to the properties and for any equipment and fixtures damaged or missing. Additionally, Plaintiffs seek attomey’s fees for the costs incurred in this action as allowable in the lease agreements attached as Exhibits hereto. INJUNCTIVE RELIEF 19, Plaintiff further avers that this Honorable Court should issue an immediate order restraining and/or enjoining the Defendant, Rick Tyler, from damaging, transferring, disposing of, encumbering, alienating, spending or concealing any equipment and fixtures included in the leases as well as damaging the real property, pending a hearing in this cause. Plaintiff avers that Plaintiff will suffer immediate and irreparable harm if the requested restraining order is not issued. If the restraining order is not issued, the Defendant could damage, transfer, dispose of, encumber, spend, or alienate the assets and prohibit the Plaintiff from receiving possession of those assets. Due to the behavior of the Defendant on June 12, 2018, when Notice to Pay or Quit was delivered to him as set forth above in Paragraph 8, the Plaintiffs are fearful of the potential actions of the Defendant to damage or harm assets and the real properties. WHEREFORE, premises considered, Plaintiffs demand as follows: 1. That process issue and that the Defendant be served and required to appear and answer as required by law; 2. That a restraining order issue restraining the Defendant, Rick Tyler, from damaging, transferring, encumbering, concealing, alienating, spending, withdrawing, any of the assets included in the leases or the real property; 3. That the Court grant immediate possession of the real properties to the Plaintiffs; 4, That upon a final hearing in this cause, the Court award damages to the Plaintiffs for delinquent rent, actual damages, late fees, attorney fees. 5S. That the Court grant such other, further and general relief, that the Plaintiffs may be entitled or allowed as required by law.THIS IS THE FIRST APPLICATION FOR EXTRAORDINARY RELIEF IN THIS CAUSE. Respectfully submitted this QOS ot Septeives, 2018. PLAINTIFF ie ANN MOORHOUSE PLAINTIFF Ginger Wilson Buchanan, BPR 017620 Attomey for Plaintiff, Ginger Howard 423 Broad Street, N.W. P.O. Box 1083 Cleveland, TN 37364-1083 423-614-4035 STATE OF TENNESSEE COUNTY OF BRADLEY Charles E. Moorhouse, Jr. and wife, Joyce Ann Moorhouse, having first been duly sworn, makes oath that the facts stated in foregoing Complaint are true to Plaintiff's knowledge except as to matters therein stated to be on information and belief, and that the Complaint is not made out of levity or by collusion with the Defendant, but in sincerity and truth for the causes mentioned in said Complaint. CHARLES E. Ledecs sf Ch + MOORHOUSE This XO _ day of September, 2018. NOTARY PUBLIC a m My Commission Expires: 2... 2.0 2s + / 3", £°F sew ese | 4 ivNoue 7 2 6 yg PUBS AF WP penne OF tak sa