Navigating an eviction process is tricky—more so if you're unfamiliar with the fundamental Tennessee eviction laws that apply to both the landlord and the tenant. While you don't have to learn every law there is, knowing the basics can save you from an expensive lawsuit.
The Legal Eviction Process in Tennessee
- To initiate eviction proceedings, you must first issue an eviction notice stating the reason behind your decision, as well as the timeframe in which they can correct their mistake. If the lease violation is severe, a Notice to Quit provides them with three days to vacate the rental unit until an eviction lawsuit is filed.
- Wait for the notice to expire. The notice period may depend on the violation. It can range from three days to the duration of your fixed-term lease.
- When the tenant does not comply, you can file an eviction lawsuit in the appropriate local court. You will have to pay a filing fee, then a court hearing will be scheduled.
- The tenant will be served with court papers, also known as a detainer warrant, so they can prepare should they choose to defend their tenancy. The Summons and Complaint (detainer warrant) must be served at least six days before the eviction hearing, allowing time for preparation if the tenant contests the eviction.
- Once the court hearing date arrives, you must be prepared to attend the trial by gathering the needed documents and evidence supporting your decision to evict the tenant. If they have unpaid rent, for instance, you may offer a copy of the tenant's transaction history.
- If the judge rules in your favor, you will receive a Writ of Possession 10 days after the judgment is issued.
- If the tenant fails to correct the mistake or vacate the premises after the court proceedings are finalized, you are prohibited from removing them yourself. Only a local law enforcement officer is authorized to escort or force the tenant out of the rental property.
Types of Eviction Notices
The eviction case you initiate depends on the kind of notice you provide. There are various types, all of which are appropriate for particular circumstances. This will determine what action the tenant needs to take, as well as the timeframe for completion.
- 14-Day Notice to Cure or Quit: This gives your tenant a 14-day period to remedy the issue. This usually applies to tenants who fail to pay rent or cause damage beyond normal wear and tear. Other lease violations, such as threatening other tenants or committing violent acts, may also apply, but it will depend on your lease agreement.
- 30-day Notice to Cure: This typically applies to all other violations of the lease terms. According to Tennessee Code Section 6-7-109, you may terminate the lease or rental agreement if the tenant fails to comply or pursue further legal action.
- Three-Day Notice to Quit: This particular notice is issued for extreme circumstances, such as violent acts committed, real and present danger to the residents in the property, or engagement in drug-related criminal activities. When the tenant remains in the premises, you may file an eviction lawsuit to commence the Tennessee eviction process.
Eviction Without Cause
If you have no legal grounds to evict tenants earlier under Tennessee eviction laws, you may opt to end their lease instead. Of course, you will still need to provide proper written notice requirements to prevent legal action against you, but it can be much easier than waiting for a court order.
- For a fixed-term lease, you will have to wait until the lease agreement expires, which will depend on your lease agreement. If you have a one-year lease, then you will wait until the term is over to regain possession of the property.
- For a month-to-month lease, you'll only have to wait for the one-month lease term to end. However, you must give the tenant a 30-day notice.
Self-Help Eviction
You are required to go through a legal process to justify eviction for a residential tenant, whether it's for minor lease violations, like nonpayment of rent, or something more severe, like illegal activities. Self-help evictions in Tennessee are prohibited by law. A Writ of Possession is needed to conduct evictions legally. Otherwise, you will be violating tenant rights, and it could cost you more than an eviction would.
Forcible entry, changing the locks, or cutting off utilities to pressure tenants to leave is against the law due to certain tenant protections in place. It is always recommended that you let a lawyer or a property manager who's knowledgeable about Tennessee law handle evictions.
Legal Grounds for Eviction in Tennessee
- Nonpayment of rent
- Lease violations
- Holdover tenancy
- Illegal activities
- Serious property damage
- Health or safety violations
Tennessee Eviction Laws FAQs
How long should an eviction notice period be?
- That depends on the reason behind the eviction complaint. It can range from three to 30 days: 14 days for common violations like nonpayment of rent, 30 days for other lease violations, and three days for criminal activities.
What should be included in an eviction notice?
- A proper notice must have the landlord's and tenant's names, the property address, the reason for the eviction, the date the tenant must vacate, and the written instructions for leaving the property.
What if an evicted tenant fails to pay rent owed?
- If the tenant did not pay the rent owed after the eviction process, you may deduct the loss from the security deposit. Provide an itemized receipt of your deduction.
What are the requirements to start an eviction process in Tennessee?
- You will need the signed lease agreement, the written notice provided to the tenant, a detainer warrant form, and documented evidence of the violation.
How can landlords avoid evictions?
- Through preventative measures like tenant screening, vigilant lease enforcement for rent payments and lease rules, and proper mediation to handle disputes.
Handle Evictions with Professional Insight
Evictions can be pretty messy when you fail to comply with laws or don't follow court rules. While legal counsel can be sufficient to ensure compliance, letting a property manager or other real estate professionals handle it keeps you from making mistakes.
Green Tree Property Management can help you with more than just eviction proceedings. With tenant screening and vigilant lease enforcement, we can help your business run smoothly and avoid any disputes.
Be a stress-free landlord now. Simply contact us, and we'll discuss how our company can assist you!
