Tennessee Eviction Notice: Rights and Legal Actions

Introduction | Tennessee Eviction Laws | Types of Rental Agreements | Grounds for Eviction | Types of Eviction Notices in Tennessee | Eviction Process in Tennessee | FAQs

Eviction notices in Tennessee come with a lot of regulations that require strict compliance and adherence.

Where the eviction process is wrongly filed, it may cause unnecessary delays and complications. In this case, the landlord would have to repeat the process until he gets it right.

Understanding the eviction process in Tennessee is also important for tenants, to avoid unpleasant and wrongful evictions that hinge on their rights.

Particularly in the State of TN, there are various statutes that one must consider when evicting a legal tenant.

In this article, we’ve covered the different types of eviction notices, as well as the associated legal processes in Tennessee.

Eviction Laws in the State of Tennessee

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In Tennessee, there are a few legislations that govern the process of evicting a legal tenant by a landlord.

The primary Tennessee State law that governs eviction processes is Title 66 of the Tennessee Code Annotated (2021). This chapter makes provision for Tennessee statutes, constitution, and state court rules.

Particularly Chapter 7 which provides for the landlord-tenant relationship, including the requirement for property leasing, ground for termination, notice of termination by the landlord, and so much more.

It’s important to also emphasize Chapter 28, now known as the Uniform Residential Landlord and Tenant Act (URLTA).

The URLTA applies to counties with over 75,000 population. Currently, these are Shelby, Davidson, Knox, Hamilton, Rutherford, Williamson, Montgomery, Sumner, Sullivan, Wilson, Blount, Washington, Bradley, Maury, Madison, Sevier, Putnam, and Anderson.

Other counties with less than 75,000 population are governed by the Tennessee Code.

Types of Rental Agreements in Tennessee

There are various types of rental agreements in Tennessee, and these are;

  • Standard Residential Lease Agreement: This refers to a contractual rental agreement that allows a landlord and tenant to enter into a legally binding arrangement to lease a residential space.
  • Month-to-Month Lease: This is a contractual rental arrangement with no specific end date between a landlord and a tenant. The tenant pays rent every month, and it automatically renews itself every month. The contract can be terminated with notice from either party.
  • Sublease Agreement: Also called master lease, this is an arrangement that allows an original tenant to sublease a rental property to another tenant. This is however done with the consent of the landlord.
  • Roommate Agreement: This is a written contract between two or more individuals living together. It provides for the living arrangement and conditions as to rent payment, expenses, chores, house rules, restricted behaviors, and so forth.
  • Commercial Leases: This is a contractual rental arrangement entered into by the landlord and tenant for a commercial property such as industries, office buildings, factories, retail spaces, etc.
  • Rent-to-Own Agreement: This is a contractual agreement that allows the tenant to rent a property, with the option of purchasing such property at a future date.

Grounds for Eviction

Tennessee eviction laws require landlords to have a just cause to terminate a tenancy relationship, before its expiration date. These causes may range from the following;

     1. Failure to Pay Rent

In TN, rent is considered late five days after its due date. As such, if one’s rent is to expire on the 15th, the tenant has a grace period till the 20th to pay up the rent.

After the fifth day, the rent will be considered late. The landlord can then issue an eviction notice against such a tenant.

     2.Violation of Lease Terms

Where the tenant violates a term in the lease agreement, the landlord can issue an eviction notice under Tennessee laws.

Some violations allow the tenant to fix the damage to avoid eviction, and some are incurable and the tenant must vacate the rental unit pronto.

Examples of some lease violations are; keeping pets where it is prohibited, exceeding maximum occupancy, smoking in a smoking-free premises, lack of property maintenance, damaging electrical wires, window damage, fabricating a claim to need a service animal, etc.

In this case, the tenant can either repair the damage or offer to pay a substantial amount for the damages.

Under Tennessee Code and URLTA, where the tenant commits the same violation again within 6 months, it can lead to utter eviction.

     3. Illegal Activity

Where the tenant engages in any illegal act, this may cause the landlord to issue an eviction notice under Tennessee law.

In this case, there’s no opportunity to ‘cure’. The tenant can only evict the premises or fight the case in the court.

Under URLTA, these acts are considered illegal;

  • Prostitution
  • Willfully or intentionally committing a violent act;
  • Endangering or threatening the health, safety, and welfare of other persons or their properties;
  • Refusing to leave the premises after entering as an unauthorized subtenant or occupant;
  • Manufacturing, delivering, selling, or possessing controlled substances.

TN Code § 66-28-517 (2021)

Similarly, under the Tennessee Code, the following are considered illegal acts;

  • Committing a violent act;
  • Engages in a drug-related criminal activity;
  • Endangering or threatening the health, safety, and welfare of other persons or their properties;
  • Refusing to leave the premises after entering as an unauthorized subtenant or occupant.

TN Code § 66-7-109 (2021)

     4. Health and Safety Violations

Both the URTLA and Tennessee Code recognize the need to safeguard the health, safety, and welfare of other tenants, neighbors, landlords, and their properties.

Therefore, where a tenant poses a threat to the health and safety of another person, the landlord can issue an eviction notice under Tennessee law, with no right to cure.

Examples of these violations mostly relate to housing codes such as; stockpiling trash for too long to attract animals, damaging electrical or plumbing works, etc.

     5. Non-renewal of Lease

Where a tenant stays in the rental premises after their lease expires (with no intention of renewal), the landlord can serve an eviction notice before removing them from the property.

The landlord can serve a 30-day or 60-day eviction notice in Tennessee, depending on their length of stay.

Types of Eviction Notices in Tennessee

Eviction notices in Tennessee are written notices informing the residing tenant to vacate the rental unit due to a lease violation or illegal activity.

These eviction notices usually include the name of the parties, the reason for eviction, the timeline for compliance, and others.

However, there are various types of eviction notices for different situations. It’s also important to consider whether it is a non-URLTA-regulated county, or in certain circumstances the housing authority.

It’s highly essential for landlords and tenants to understand the different types of eviction notices in Tennessee.

Eviction Notices with Cause

In certain cases, a landlord can legally evict a tenant in Tennessee. However, there must be a reasonable cause for such action.

1. 14-Day Notice to Quit

Where a tenant fails to pay rent, the landlord can attempt to recover the rent money by issuing a 14-day eviction notice under Tennessee law.

In this case, the tenant must pay the due rent within 14 days or vacate the rental unit.

If the tenant pays the rent before the end of the 14th day, the landlord would have no reason to continue the eviction process. Otherwise, the landlord can file an eviction lawsuit to recover rent, evict the tenant, and even recover damages and reliefs under the law.

The 14-day eviction notice for non-payment of rent applies to all counties.

2. 14-Day Notice to Comply or Vacate

If a tenant breaches a lease term, the landlord can issue a 14-day Eviction Notice to Comply.

This eviction notice gives the tenant 14 days to fix the violation or vacate the premises. This also applies to all counties.

However, where the damage is not curable, the landlord is not inclined to provide a cure remedy. In such a case, he can serve a 14-day eviction notice to quit. This notice informs the tenant to vacate the premises within 14 days.

If the tenant refuses to remedy the breach or vacate the premises after 14 days, the landlord can file for an unlawful detainer suit.

Under the Tennessee Code, this notice requirement applies when a tenant commits damages beyond wear and tear.

3. 30-Day Notice to Quit

Under the Tennessee Code, if a tenant commits any lease violation other than ‘damage to the unit beyond normal wear and tear’, the landlord can serve a 30-day Eviction Notice to Quit in Tennessee.

The tenant has no right to cure in this case and must vacate the premises before the end of the 30-day calendar month.

If the tenant fails to leave before the date elapses, he will face an eviction suit in court.

This applies to counties with 75,000 people or fewer.

4. 30-day Notice to Vacate

A 30-day Eviction Notice to Quit under Tennesssee law is issued to terminate a tenancy agreement for persons with no lease (tenancy at will), holding over, and monthly tenants.

Where such a tenant remains on the property after 30 days, the landlord can move forward to file an eviction lawsuit.

Note: This notice requirement differs for weekly tenants. A 10-day eviction notice is required to evict a weekly tenant in Tennessee.

5. 3-Day Notice to Vacate

A 3-day Eviction Notice to Quit in Tennessee is served where;

  • The tenant violates a material health and safety code in the rental premises; or
  • Commits or engages in any illegal activity (as explained above).

The notice informs the tenant to move out of the rental property within three days, with no chance of remedy.

Where the tenant fails to leave the rental within three days, the landlord can file an eviction suit against the tenant.

This applies to all counties in Tennessee.

6. 7-Day Notice to Vacate

After issuing a 14-day eviction notice for a lease violation, if the tenant commits the same act or omission again within 6 months, the landlord can serve a 7-day Notice to Vacate under URLTA law.

This notice informs the tenant to vacate the rental within 7 judicial days, with no chance of remedy.

This applies to counties with 75,000 population and more.

7. 14-day Notice to Vacate

Similar to the above, if a tenant commits repeated lease violations, the landlord can issue a 14-day Eviction Notice to Vacate under the Tennessee Code.

This however applies to counties with 75,000 population or fewer.

Eviction Notices without Cause

In Tennessee, a landlord must have a cause to evict a legal tenant. These causes may range from non-payment of rent, noncompliance with the lease agreement, engaging in criminal activity, and so forth, as explained above.

As such, if a landlord wants to evict a tenant without having a cause, he must wait till the end of the tenancy term.

If additionally provided in the lease agreement, the landlord must however give notice of termination, to inform the tenant that there’s no intention to renew the lease.

The notice may be either a 10-day or 30-day notice depending on whether it’s weekly or monthly tenancy, respectively.

For a fixed rental term, such as a year tenancy, the landlord does not have to give notice unless the lease agreement requests for it.

If the tenant refuses to leave after the given period, the landlord can commence an eviction process in Tennessee to remove such tenant.

Eviction Process in Tennessee

Eviction Notice Tennessee

1. Issuance of Eviction Notice

The first step to begin an eviction process in Tennessee is to serve the appropriate eviction notice. The eviction notice must detail the reason for the eviction, as well as other vital information.

The notice can be delivered through any of the following methods;

  • Delivery in person to the tenant;
  • Delivery by mail via a registered or certified mail to the tenant’s designated last known address;
  • Delivery by email (where previously agreed-upon).

Landlords should ensure to keep a copy of the notice as proof of service.

2. Filing an Eviction Lawsuit

After the notice period has passed and the tenant is still in default, the landlord can proceed to file an eviction complaint against the tenant.

The proper court jurisdiction is the circuit court or general sessions court of the county where the property is situated.

The court of general sessions is used to try to force entry and detainer cases – TN Code § 29-18-107 (2021). Eviction cases are tried in the circuit court, although the landlord must give bond and security to account for costs and damages. – TN Code § 29-18-108 (2021)

The landlord must fill the necessary forms, and pay the prescribed fee. The fee may differ from court to court. The general session court fee is $42, while the circuit court is $225.

3. Serving the Tenant

Under Tennessee eviction laws, the next step is to serve the tenant a Summon and Complaint (often called Detainer Warrant) from the court. The warrant should contain details on the date and time for the court hearing.

The landlord must not deliver these documents themselves. It should be done by an authorized sheriff or any constable of the county. The warrant can be delivered by;

  • Personal Service: By delivering it personally to the tenant or any adult occupying the tenant’s property.
  • Affixing Service: By placing a copy of the warrant in a conspicuous place on the tenant’s door or property.
  • Mailing Service: By sending it as a mail through certified mail or first-class mail.

If delivery by personal service is impossible due to the tenant being a non-resident of the state, not found, unknown, etc., the warrant can be delivered by affixing, at least 15 days before the commencement of the hearing.

But where the deliverer is unable to deliver the warrant to the tenant after making three different attempts, the warrant may be served by;
Affixing it on the tenant’s door;
Sending a copy of it by USPS first class mail to the rental unit, or the tenant’s last known address;
By making an entry of action on the face of the warrant. – TN Code § 29-18-115(e) (2) (2021).

This must be done at least 6 days before the court’s hearing.

After the document has been duly served, the original process, together with an affidavit of the appropriate sheriff or constable and a return receipt signed by the tenant shall be sent and filed by the clerk of general session courts. – TN Code § 29-18-115)(d)

The eviction documents must be served properly and lawfully according to Tennessee laws. Otherwise, the landlord can risk losing the lawsuit.

Tenants are not required to answer the warrant. They typically just have to show up at the court hearing.

4. Court Hearing and Judgment

The court hearing commences on the date stipulated in the warrant, though either party may request for not more than 15 days’ continuance.

During the hearing, the landlord must provide a strong argument together with evidence (s) to prove the cause for evicting the tenant.

The landlord should employ documents such as; a copy of the lease agreement or deed, eviction notice with proof of service, evidence of lease violation, etc.

To win, the tenant must also counter the landlord’s claim with a strong argument and evidence.

The judge would give judgment based on the credibility and relevance of both sides.

Where the tenant fails to show up at the hearing, the landlord may be given a default judgment which grants him the right to evict the tenant.

The judge would also give judgment on which party will incur the cost of rent, damages, reliefs, and interest.

Tenant Defenses

A tenant can use the following defenses to counter the eviction notice issued by the landlord.

  • Self-Help Eviction: Self-help evictions include changing the door’s lock, taking the tenant’s property, turning off utilities in the tenant’s premises, and such other acts that intend to drive the tenant out of the premises. Landlords are prohibited from engaging in any of these acts. The only way to evict a legal tenant is by commencing an eviction process. Where a landlord does any self-help acts, the tenant can use it as a defense in court.
  • Improper Notice: Tennessee eviction laws require strict regulation and compliance with its provisions. As such, where a landlord gives the wrong notice or fails to allocate the proper timeline, it may be used to counter the eviction notice in court.
  • Landlord Failed to Maintain the Rental Unit: The eviction laws in Tennessee require the landlord to keep the rental unit habitable. Therefore, where the landlord fails to do this, the tenant may use this as a defense against the eviction notice, particularly where it deals with safety and health violations.
  • Tenant Paid Rent in Full: Where the tenant pays the rent in full, but due to a misconception or miscommunication, the landlord believes otherwise. The tenant can use this fact as a defense but must prove such payment. The tenant may employ evidence such as bank statements, bank ledger, receipts, etc.
    Discrimination: It is illegal for a landlord to serve an eviction notice in TN due to the race, religion, nationality or origin, creed, marital status, family status, etc., of the tenant. Where this is perceived, the tenant can counter the eviction notice based on this ground.
  • Retaliation: If the landlord had issued the eviction notice in response to the tenant’s exercise of his or her rights, the eviction process can be discontinued. Examples of these tenant’s rights are joining a tenant’s union, reporting a code violation, etc.

5. Issuing a Writ of Possession

If the landlord wins the lawsuit, he will be granted a Writ of Possession, 10 days after the court has given judgment in his favor. As such, the tenant can only seek an appeal within those 10 days.

The Writ of Possession is issued to the Sheriff or an authorized law enforcement agent, granting him the authority to evict the tenant from the rental premises.

6. Executing the Eviction

Landlords are not expected to evict a tenant even after he wins the lawsuit. He must act through a law enforcement agent.

After the Writ of Possession is received by the Sheriff, he must execute it IMMEDIATELY. Therefore, the tenant is expected to have vacated the rental when the judgment was given.

Where the tenant remains in the rental after the writ is issued, the Sheriff may use necessary force to evict such tenant.

If the tenant abandons his personal property in the rental, the landlord is required by Tennessee eviction laws, to notify the tenant of his intention to remove or dispose of it within 30 days.

The tenant is free to reclaim the property within that period. But where the tenant fails to reclaim the property after 30 days, the landlord can lawfully sell or dispose of it however he deems fit.

The money earned can be used to cover any unpaid rent, damages, or any outstanding costs.

FAQs

For tenancy at will, monthly tenants, and holdover tenants, a 30-day eviction notice in Tennessee is required to evict a tenant. But for a weekly tenant, a 10-day eviction notice is sufficient.

Commencing an eviction process in Tenessee may cost between $500 to $700. However, the fees are subject to various legal fees, court of jurisdiction, turnover costs, etc.

Tennessee eviction process may take on average, 4 to 8 weeks to complete.

Tenancy at will or a tenant with no lease can be evicted by giving a 30-day eviction notice in Tennessee. This notice informs the tenant to leave the premises within 30 days or face a lawsuit.

Landlords have the right to collect rent when due, keep the rent in a safe and habitable condition, serve Tenessee eviction notices, etc.

Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.

NOTICE TO LANDLORDS

This is a unique time in our history. If your tenant is behind on rent, be understanding and try working with them before evicting them. Most importantly, stay professional and be kind, and seek legal counsel when you are not sure about something.

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