The eviction process can differ from county to county, but they more or less are the same:
Every eviction process is different and dependent on the lease/rental agreement signed by the tenant and the landlord. It is always best to exercise meticulous file-keeping on the part of the landlord to avoid errors that could be exploited by the tenant, especially the history of rent payments.
It is advised that both landlord and tenant must read their lease thoroughly and clarify everything before signing on the dotted line. The lease can often make or break an eviction lawsuit.
Filing an eviction takes time and patience. Going to court may be a long and tedious experience for a landlord who handles multiple rental properties.
It is also advised that a landlord should try to work things out with a tenant outside court. It is only in extreme cases when a landlord resorts to file for official eviction proceedings.
Good landlord-tenant relations certainly makes the whole eviction process easier because there is more mediation and less arguing. It can also save everyone from showing up to court.
This article details a summary for landlords to refer to when evicting a tenant. Confirm procedures with your justice court to make sure the entire process goes as smoothly as possible.
Landlords may also ask for legal advice from an attorney.
Get the quintessential guide to eviction laws on the go from DoorLoop’s “Landlord’s Guide” series.
Now, let’s dive in.
In the state of Tennessee, a landlord can evict a tenant for multiple reasons. A lot of these factors rely on the lease terms stipulated in their written contract.
In most cases, the first step to every eviction is that the landlord must provide the tenant an official Notice to Quit. The number of days associated with the Notice to Quit will depend on the reason for eviction.
The notice must comply with the rules stated in The Uniform Residential Landlord and Tenant Act of Tennessee.
One of the notice requirements in a Notice to Quit is how many days tenants can remain on the property before they face an eviction hearing in front of a judge. The notice must state that the tenant has violated a term and the notice must be given to the tenant by the landlord before proceeding with an eviction lawsuit.
No matter the reason for eviction, the landlord cannot do a self-help eviction, which is an illegal form of eviction that is considered disorderly conduct on the part of the landlord.
The reason for eviction can range from non-payment of rent to non-renewal of the lease terms. Below are the basic rules and regulations when it comes to evicting a tenant in Tennessee.
The most common reason for eviction is the failure to make a timely rent payment. A landlord can evict a tenant for failing to pay the rent due.
Rent is considered late in Tennessee 5 days past its due. This means a tenant may still catch up on rent within a 5-day period.
For example, if rent is normally due on the 25th, then it is considered late if rent still has not been paid by the 30th. However, an extended grace period that gives more time to pay rent due may be available if indicated in the lease/rental agreement.
Before a landlord can start with the eviction lawsuit for failing to pay rent, the landlord must provide the tenant with a written eviction form called a 14-Day Notice to Pay.
This notice informs the renters that are required to move out of the property or pay the rent within 14 days in order to avoid eviction.
If tenants who are being evicted for failing to pay rent on time manage to pay all rental payments in full to the landlord before the 14 days are up, the entire eviction process stops and they can continue staying within the rental premises.
A lease agreement can vary between tenants. Landlords and tenants are required to uphold the terms of the lease agreement at all times.
The landlord can evict the tenant for a lease violation in Tennessee. The landlord must provide the tenant a written notice called a 14-Day Notice to Comply which gives the tenant 14 days to pay the costs associated with repairing their lease violation.
However, if the violation is incurable by paying for repairs, a landlord is not legally obligated to let a tenant fix it. Should this be the case, the landlord must give the tenant notice called a 14-Day Notice to Quit, giving the tenant time to vacate the property within 14 days.
Lease violations include:
The landlord may continue filing for an eviction lawsuit if the tenant fails to pay for repairs and/or remains inside the rental unit after the given notice period. The tenant must vacate or else they face an eviction lawsuit.
If a tenant has engaged in illegal activity on the rental premises of a Tennessee property, the landlord must give them a written notice called a 3-Day Notice to Quit to move out of the property.
An example of illegal activity is committing violence which threatens the health and safety of other people residing within the rental property.
Should the tenant remain on the rental premises after their notice period ends, the landlord may continue to file an eviction lawsuit.
Tennessee law takes into account the health, building, safety, and housing codes.
Should the rental unit violate a housing code or any other codes and fails any health and safety inspections, the landlord must issue a 3-Day Notice to Quit and allow the tenant a 3 day period to vacate the property.
If the tenant is unable to vacate the rental unit within 3 days, then the landlord may continue filing for an eviction lawsuit.
Violations under this could include:
A Tennessee eviction process does not allow a landlord to evict a tenant without good cause. As long as the tenant does not violate any rules from their lease, they can stay until their rental period ends.
However, a tenant may be evicted if they stay in the property even a day after their written lease ends (and have not arranged for a renewal).
This type of eviction notice usually only applies if the landlord wants to end the tenant's lease. The required notice time given to a tenant by the landlord must depend on the tenant's tenancy type or their lease and could be either a 10-Day Notice to Quit or a 30-Day Notice to Quit
Should the tenant remain in the rental premises even after their notice period ends, the landlord may continue to file for eviction proceedings in order to evict the tenant from the property.
Want to generate your own Tennessee lease agreement? Simply head over to DoorLoop's Forms Page and download a template today!
After the notice period has passed, the landlord may file an eviction lawsuit. Successful evictions rely on correct filings, so the landlord must file all the forms correctly in the right court (circuit court or general sessions court).
It takes between 3-30 days before a landlord can file a complaint.
Lease Agreement / Type of Tenancy | Eviction Notice to Receive |
---|---|
Weekly | 10-Day Notice to Quit |
Monthly | 30-Day Notice to Quit |
Before filing for an eviction with the court, you need to issue the tenant a notice to comply. You can either download the free PDF or Word template, or create your Tennessee eviction notice from here using a step-by-step wizard that guides you through the entire process to make sure you are submitting the legally correct notice.
Keep in mind, the step-by-step wizard will ask you to pay a small fee at the end - it's a small price to pay to ensure legal compliance and protection. The last thing you want is to go to court only to find out you did the first process incorrect.
The next step in a Tennessee eviction is the service of the Summons and Complaint to the tenant. The commonly used term for a Summons and Complaint in the state of Tennessee is a Detainer Warrant.
The landlord must not serve this document themselves. The document should contain information such as the date and time of the court trial.
The eviction process in Tennessee allows a professional process server or a peace officer to serve the document. It has to be delivered at least 6 days before the eviction hearing is scheduled if the method used is posting or mailing.
The Detainer Warrant has to be served through one of the following methods:
An answer is not required from the tenant for an eviction hearing to be held. They only have to show up to the hearing. Either the landlord or the tenant may request a continuance of not more than 15 days.
The Summons and Complaint must be served at least 6 days before the scheduled eviction hearing if it was served by posting or mailing. A continuance can be requested that lasts no longer than 15 days.
If you want to learn more about Tennessee's landlord-tenant laws, make sure to visit DoorLoop's Complete Guide to Tennessee's Landlord-Tenant Laws for more information.
In a Tennessee eviction, the landlord has to provide a strong argument backed up by solid evidence against their tenant in order to win. Should the tenant fail to show up to the hearing, the landlord may win by default.
A tenant can file an appeal even if the landlord has already won.
During the court hearing in an eviction process in Tennessee, the landlord has to support their claim with evidence and show it to the judge. This includes, but is not limited by the following:
An eviction hearing is scheduled at least 6 days after the tenant received the Detainer Warrant.
An eviction hearing takes place at least 6 days after the tenant receives the Summons and Complaint. Tenants have 10 days to file an appeal once judgment is passed in favor of the landlord.
Once the landlord wins a Tennessee eviction and provided the tenant does not file for an appeal or reconsideration, the court will issue a Writ of Possession 10 days after the judgment is issued.
The Writ of Possession is a court order which informs the tenant that they must move out of their housing on the property or else they will be forcibly evicted.
This final step in the eviction process in Tennessee is to move the tenant out of their home on the property. Tennessee laws dictate that a tenant must vacate the property before the Writ of Possession is issued because once law enforcement officers receive the Writ, they must execute it immediately.
No grace period is given in Tennessee state. Only the appropriate law enforcement officers are allowed to forcibly remove a tenant from the property.
The state of Tennessee requires a landlord to store any property left behind by the tenant for 30 days. Tenants should be free to reclaim their property during that period.
If they fail to reclaim the property within that timeframe, the landlord can get rid of it however they see fit within state laws. Any money earned by the landlord for selling the tenant’s belongings can be used to cover unpaid rent and any other outstanding costs.
The Writ of Possession is issued 10 days after the landlord wins the case and it is executed immediately once the law enforcement officials receive it. Any personal belongings left by the tenant is kept for 30 days.
On average, it takes 4-8 weeks for a complete eviction process in the state of Tennessee.
Notice Received by Tenants | Average Timeline | Important Things to Remember |
---|---|---|
Issuing an Official Notice | 3-30 days | Give your tenant a written notice prior to the eviction process. |
Issuing and Serving of Summons and Complaint | At least 6 days before the hearing | Make sure no mistakes were made in the filing process. |
Court Hearing and Judgment for Possession | 6 days after Service of Summons and Complaint | If you win the case, the judge will give you a Judgment of Possession. |
Issuance of Writ of Possession | 10 days | The tenant also has 3 days to pay owed rent in full |
Return of Rental Unit | Immediately | This depends on whether the tenant is granted an orderly removal. You are not allowed to be the one to evict the tenant by force. Leave that job to the authorized officials. |
If the tenant disagrees with the eviction request and they reply to the court, it’s important that you keep extremely good records of everything so you can provide proof to the judge and win your case. This part can make or break your entire eviction request in the event of a dispute.
You can stay organized by:
If the tenant doesn’t pay rent, and they dispute that claim, it’s important that you show the judge the following:
If you are evicting the tenant for lease violations, for example, noise complaints, unauthorized pets, or property damages, it’s important to show proof from any of the following methods:
Examples of illegal “self-help” evictions include changing the locks, taking the tenant’s belongings, removing the front door, or turning off the heat or electricity. Tennessee state laws specify how much money a tenant can sue for if the landlord has tried to illegally evict the tenant through some sort of self-help measure. Some state laws also provide for tenant's court costs and attorneys' fees (if the tenant successfully sues the landlord) and/or give the tenant the right to stay in the rental unit.
In almost every state in the US, a landlord must never try to force a tenant to move out of the rental unit. The tenant can only be removed from a rental unit after the landlord has successfully won an eviction lawsuit. Even then, the only person authorized to remove the tenant is a sheriff or constable. Tennessee law has made it illegal for a landlord to personally remove the tenant from the rental unit.
According to California Civil Code, you may be liable for the Tenant’s Court Costs & Attorneys’ Fees. The statute also gives the tenant the right to stay.
A tenant can also sue you for actual damages plus violations. Tenants may ask for an injunction prohibiting any further violation during the court action.
Tennessee landlords should be aware of the changes made to the Eviction Policies in the state of Tennessee, especially in the light of the COVID-19 pandemic. There may be eviction moratoriums.
On top of eviction moratoriums, there may be stricter rent control policies brought on by the COVID-19 pandemic. Local governments have implemented strict measures to protect the rights of tenants who are experiencing hardships.
It is also wise for Tennessee landlords to check out laws on a Security Deposit. The security deposit can also protect the landlord in case the tenants violate any terms in the lease/rental agreement or fail to pay rent.
On top of that, Tennessee landlords must familiarize themselves with the Uniform Residential Landlord and Tenant Act, which contains the laws on Tennessee code on evictions.