Tennessee Eviction Laws

Are you a landlord or tenant in Tennessee? Do you need to understand the eviction laws in your state?

This article will give you a comprehensive overview of the eviction process in Tennessee. You'll learn about the reasons for eviction, notice requirements, and the steps involved in filing for eviction.

Whether you're a landlord or tenant, knowing the eviction process timeline and your rights and responsibilities is crucial. By familiarizing yourself with Tennessee eviction laws, you can confidently navigate any rental disputes.

Key Takeaways

• The landlord must provide the tenant with an official Notice to Quit before proceeding with an eviction lawsuit.
• Failure to pay rent or non-payment of rent is the most common reason for eviction in Tennessee.
• The landlord must provide a written 14-Day Notice to Pay for failure to pay rent and a written 14-Day Notice to Comply for lease violations.
• If the tenant remains after the notice period ends, the landlord may continue with the eviction lawsuit to regain possession of the rental property.

Eviction Reasons and Notice Requirements

If you're a landlord in Tennessee, you must be aware of the various eviction reasons and notice requirements. It's important to understand the rules and regulations outlined in The Uniform Residential Landlord and Tenant Act of Tennessee. This act states that before proceeding with an eviction lawsuit, you must provide the tenant with an official Notice to Quit. Self-help eviction, which means taking matters into your own hands without following proper legal procedures, is considered illegal and disorderly conduct.

The most common reason for eviction in Tennessee is failure to pay rent on time. Rent is considered late if it isn't paid within 5 days of its due date. If a tenant fails to make a timely payment, you must give them a written 14-Day Notice to Pay before starting the eviction process. If the tenant pays all rental payments in full within 14 days, the eviction process stops. It's important to note that some leases/rental agreements may have grace periods for paying rent, so check your agreement for any specific provisions.

Another reason for eviction is violation of the lease/rental agreement. In this case, you must provide the tenant with a written 14-Day Notice to Comply. If the violation is incurable, meaning it can't be fixed, you must give the tenant a 14-Day Notice to Quit. Examples of lease violations include causing damage to the rental unit, smoking in non-smoking areas, or falsely claiming to need a service animal. If the tenant fails to pay for repairs or remains in the rental unit, you may proceed with the eviction lawsuit.

If a tenant engages in illegal activity on the rental premises, you must give them a written 3-Day Notice to Quit. This includes activities that threaten the health and safety of others, such as violence. If the tenant remains after the notice period ends, you may continue with the eviction lawsuit.

In the case of a material health or safety violation, such as violations of health, building, safety, or housing codes, you must issue a 3-Day Notice to Quit. This could include things like not properly disposing of trash or damaging electrical wiring or plumbing fixtures. If the tenant can't vacate within 3 days, you may continue with the eviction lawsuit. It's important to note that these violations must fail health and safety inspections.

Lastly, if a tenant stays in the property after their written lease ends, you can't evict them without good cause. In this situation, you must give them a 10-Day Notice to Quit or a 30-Day Notice to Quit, depending on the tenant's tenancy type or lease. If the tenant remains after the notice period ends, you may continue with the eviction proceedings.

Understanding the eviction reasons and notice requirements in Tennessee is crucial for landlords. By following the proper procedures and providing the necessary notices, you can navigate the eviction process effectively and within the bounds of the law.

Steps in Filing and Timeline

To proceed with filing for eviction in Tennessee, you'll need to follow specific steps and adhere to a timeline. Here are some key points to help you understand the process:

• Go to the justice court that has jurisdiction over the rental property, such as the circuit court or general sessions court.
• Fill out the necessary forms and be prepared to pay the filing costs, which can be as high as $140 in Knox County.
• Follow the specific procedures and guidelines set by the court, making sure to include all required documentation accurately.
• Keep in mind that it can take between 3 to 30 days before you can file a complaint, depending on the situation.

Different types of tenancy require different notice periods, such as a 10-day notice for weekly tenancy or a 30-day notice for monthly tenancy.

• Once the eviction hearing is scheduled, it will typically take place at least 6 days after the tenant receives the Summons and Complaint.
• If the judgment is passed in your favor, the tenant has 10 days to file an appeal.
• On average, the entire eviction process in Tennessee takes about 4 to 8 weeks.

Understanding the steps and timeline involved in filing for eviction in Tennessee is crucial for both landlords and tenants. By following the proper procedures and adhering to the established timeline, you can navigate the eviction process more effectively.

Serving the Tenant and Asking for Possession

To serve the tenant and ask for possession in Tennessee, you must issue a notice to comply before proceeding with the eviction process. This notice serves as a warning to the tenant that they've violated a term of the lease or rental agreement. It's important to use a legally correct notice template or wizard to ensure compliance with the law. Paying a small fee for using a step-by-step wizard can help you avoid mistakes that could lead to further legal action.

When serving the notice, make sure to include all necessary information, such as the date and time of the court trial if the tenant fails to comply. The notice can be delivered through personal service, posting service, or mailing service. Professional process servers or peace officers can help with serving the document.

After the notice has been served and the required time has passed, you can file a motion to obtain judgment and seek a judgment for possession. It's important to provide a strong argument backed up by solid evidence, such as lease agreements, rent receipts, and bank statements.

If the landlord wins the case and a judgment is granted, a Writ of Possession will be issued. This document informs the tenant that they must move out of the property or face forcible eviction. The tenant should vacate the property before the Writ of Possession is executed.

Remember, there's no grace period for the tenant to move out once the Writ of Possession is issued. Only authorized law enforcement officers can remove the tenant from the property. The landlord must store any property left behind by the tenant for 30 days, and if the tenant fails to reclaim it, the landlord can dispose of it within state laws.

It is crucial to follow Tennessee laws regarding the move-out process and disposal of property to ensure a smooth and legal eviction process.

Getting Possession and Move Out Process

Once the landlord has obtained a Writ of Possession, you'll need to promptly vacate the property to avoid forcible eviction. The Writ of Possession serves as a formal notice to move out, and there's no grace period provided. To help you understand the process of getting possession and the move-out process, here are three key points:

• Authorized law enforcement officers: Only authorized law enforcement officers are allowed to execute the Writ of Possession and remove the tenant from the property. This ensures that the eviction process is carried out lawfully and with proper authority.
• Storage of tenant's property: If the tenant leaves behind any belongings, the landlord is required to store them for a period of 30 days. During this time, the tenant has the opportunity to reclaim their property. It's important for the tenant to act promptly to retrieve their belongings within the given timeframe.
• Disposal of unclaimed property: If the tenant fails to reclaim their property within the 30-day period, the landlord can dispose of it in accordance with state laws. Any money earned from selling the tenant's belongings can be used to cover unpaid rent and outstanding costs.

It's crucial to follow Tennessee laws regarding the move-out process and disposal of property to ensure compliance and avoid any legal issues. By understanding these key points, you can navigate the process more effectively and take the necessary steps to vacate the property in a timely manner.

Showing Evidence

When presenting your case in an eviction hearing, it is essential to show evidence that supports your claims as the landlord. This evidence will help you prove that the tenant has violated the terms of the lease or rental agreement, and that eviction is necessary. Here are some types of evidence that you can gather and present in court:

Conclusion

In conclusion, understanding the eviction laws in Tennessee is crucial for both landlords and tenants. By knowing the reasons for eviction, notice requirements, and the steps involved in filing for eviction, both parties can navigate the process with confidence.

It's important for landlords to follow the proper procedures and for tenants to be aware of their rights and responsibilities. By doing so, a fair and legal resolution to any rental disputes can be achieved.