How to Evict a Tenant in Tennessee
Step 1 – Deliver an Eviction Notice
Notify the tenant in writing with an eviction notice to vacate the premises within the allotted period. Your notice may include the option to correct the violation, depending on the issue and applicable laws. Your notice to correct or vacate should include the following details:
- The tenant’s name
- The rental property address
- The lease violation
- The date the violation occurred
- Options to cure or vacate
- The date by which the tenant must cure or vacate
Step 2 – Wait for a Response
Give the tenant time to respond to the notice. If they aren’t complying because there are habitability issues, you may address them. You can also give them time to leave on their own or cure the breach by paying their overdue rent or correcting the violation.
It’s ideal to reach a compromise on your own, as you won’t have to deal with the costs and time that an eviction lawsuit presents.
Step 3 – File for Eviction
If the tenant fails to fix the problem or leave within the notice period, you can sue to evict them. Per Tenn. Code § 29-18-107, you can file an eviction lawsuit with the General Sessions Court in the county where the property is located. Submit an official complaint and pay the filing fee to the clerk of court.
Step 4 – Serve the Summons
Per Tenn. Code § 29-18-115, a sheriff must serve the tenant copies of the summons and complaint to notify them of the eviction lawsuit, which state law refers to as a “Detainer Warrant.”
Timeline
If served by mail or posting, the tenant must receive a copy of the complaint and summons at least six days before the hearing. The tenant and landlord may request a continuance of no more than 15 days.
Step 5 – Attend the Eviction Hearing
Attend the scheduled eviction hearing and present your reason for filing the eviction. Use this opportunity to provide documented evidence of the tenant’s breach, including:
- A copy of the lease agreement
- Tenant account statements showing rent payments
- Rent receipts and bank statements
- Documented complaints
- Witness statements
- Photos and videos of the lease violations
- Communication, including texts, emails, and written notices about the violation
The tenant can attend to defend themselves against eviction. The judge will analyze the evidence and rule whether the tenant can remain on the premises. If the tenant wins, they can remain on the property for the remainder of the lease. If the tenant doesn’t show up to the hearing, the judge may enter a summary judgment in the landlord’s favor.
If the landlord wins, the judge orders the tenant to vacate the premises. During the eviction hearing, the judge also determines whether the tenant must pay the landlord for back rent, attorney’s fees, late fees, repairs, and other losses associated with the lease violation and subsequent eviction proceedings.
Timeline
The tenant has ten days to appeal the judge’s decision.
Step 6 – Remove the Tenant from the Premises
If the judge rules in your favor, they will order the tenant to move out within a certain period. If the tenant doesn’t move out, you can request a Writ of Possession. This document allows local law enforcement to forcibly remove the tenant from the rental property, along with their belongings.
There is no grace period for a Writ of Possession, which means officers will immediately remove the tenant upon receipt of the Writ.
Timeline
You must wait ten days from the issuance of a judgment before acquiring a Writ of Possession.
Eviction Reasons
Evictions typically occur when the tenant fails to meet the terms of the rental agreement, such as not paying rent on time. A landlord must have reasonable cause to start the eviction process. In addition to unpaid rent, common reasons you could evict a tenant in Tennessee include:
- Noncompliance with lease terms
- Illegal activity on the rental premises
- Purposeful damage to the rental property
- Dangerous, violent, or threatening behavior
- Fraudulent transactions
Retaliatory and Discriminatory Conduct Prohibited
In URLTA counties, Tenn. Code § 66-28-514 prohibits landlords from increasing rent, decreasing services, or threatening eviction in retaliation for tenant complaints or reports to authorities concerning the landlord’s conduct.
In non-URLTA counties, a landlord cannot end the lease solely because the tenant or a household member is a victim of domestic abuse, sexual assault, or stalking, per Tenn. Code § 66-7-112.
For all renters in the US, the Fair Housing Act (FHA) prevents landlords from evicting tenants based on the following protected categories:
- Race or color
- Nationality
- Religion
- Sex (gender identity and sexual orientation)
- Disability
- Familial status
Evictions in Tennessee may fall under at-fault and no-fault categories. Timelines for eviction may differ depending on the county and its appropriate URLTA coverage. Check your local laws before you begin the eviction notice process to prevent legal issues.
At-Fault Evictions
An at-fault eviction arises when the tenant’s actions violate the lease. The landlord must prove the tenant has breached the lease agreement. Failure to make timely rent payments, damaging the rental property, or engaging in illegal activities are common reasons for at-fault evictions.
Eviction regulations and landlord-tenant responsibilities vary between counties. Only counties with populations of 75,000 or greater are subject to the URLTA. However, URLTA counties may be subject to other legal provisions that modify, cancel, or replace URLTA provisions. Local Regulations
1. Notice to Pay Rent or Quit (URLTA)
Overview:
- Use it when the tenant does not pay rent within the five-day grace period (Tenn. Code § 66-28-201).
- It gives the tenant 14 days’ notice to pay rent or quit the property, per Tenn. Code § 66-28-505.
- The 14-day notice doesn’t include weekends or legal holidays.
- Non-URLTA terms under Tenn. Code § 66-7-109 may apply.
2. Notice to Quit for Noncompliance (Non-URLTA)
Overview:
- Use it when the tenant damages the property beyond normal wear and tear.
- The landlord can choose whether they allow the tenant to cure the violation. If the violation is non-curable, the tenant has 14 days to move out.
- Landlords can only administer this notice in non-URLTA counties, meaning counties with less than 75,000 people.
- They may also use this notice if the tenant refuses to pay rent.
- Relevant terms are present in Tenn. Code § 66-7-109(a).
3. Unconditional Notice to Quit (URLTA and non-URLTA)
Overview:
- Use it when the tenant intentionally commits a violent or threatening act that jeopardizes the health and safety of others on the premises.
- The landlord gives the tenant three days to vacate the rental unit.
- It doesn’t offer the option to fix the lease violation.
- The three-day period doesn’t include weekends or legal holidays.
- Relevant terms are present in Tenn. Code § 66-7-109(d).
4. Notice to Quit for Noncompliance (URLTA)
Overview:
- It applies to tenants and landlords living in counties with more than 75,000 people.
- Use this seven-day notice when the tenant has committed more than one lease violation within six months.
- It specifies that because a tenant previously had a chance to rectify the breach, their offenses are no longer curable.
5. Immediate Notice to Quit for Illegal Activity (Non-URLTA)
Overview:
- Use this notice when the tenant knowingly uses the property for prostitution or controlled substance use and distribution.
- The landlord notifies the tenant that they will immediately terminate the lease without providing an option to cure it.
- The relevant terms are present in Tenn. Code § 66-7-107.
6. Notice to Quit for Noncompliance (Non-URLTA)
Overview:
- Per Tenn. Code § 66-7-109(b), this notice applies to any defaults in the lease agreement that don’t fall under Tenn. Code § 66-7-109(a).
- This 30-day notice doesn’t apply to any tenancy with a rental period of less than 14 days.
- Landlords can issue this notice to tenants living in counties of less than 75,000 people.
No-Fault Evictions
Tennessee does not permit landlords to evict tenants without just cause. If the tenant does not violate the terms of the rental agreement, they are legally allowed to remain on the premises.
However, if you do not plan to renew the rental agreement, you may issue a notice to vacate at the end of the lease period. Depending on the lease period, you may issue a 10-day or 30-day notice to vacate.
1. Notice to Terminate a Week-to-Week Tenancy
Overview:
- Use a 10-day notice when the tenant is on a week-to-week tenancy, and you wish to discontinue the lease term.
- It provides the tenant with 10 days’ notice to vacate the premises.
- The terms are outlined under Tenn. Code § 66-28-512.
2. Notice to Terminate a Month-to-Month Tenancy
Overview:
- Use it to notify the tenant of the non-renewal of a month-to-month tenancy.
- The landlord must give the tenant 30 days’ notice to vacate the rental unit.
Eviction Timeline
| Reason | Curable | Lease Type | Duration | Notice Period |
|---|---|---|---|---|
| End of Lease | No | Fixed Term | Greater than one month | Immediate if the lease has expired. |
| End of Lease | No | Monthly | Month-to-month | 30 days (for less than a year) |
| End of Lease | No | Weekly | Week-to-week | 10 days |
| Overdue Rent | Yes | Any | Any | 14 days |
| Lease Violations | Yes | Any | Any | 14 days |
| Illegal or Dangerous Activity | No | Any | Any | • 3 days |
| Repeat Violation | No | Any | Any | • 14 days (non-URLTA) • 7 days (URLTA) |
Tenant Rights in Tennessee
Self-Help Evictions
Per Tenn. Code § 66-28-514, landlords can’t force a tenant out of the property by:
- Cutting or reducing services
- Limiting access to the premises
- Changing the locks
- Kicking the tenant out
- Removing the tenant’s belongings
If the landlord violates these tenets, the tenant could sue them for breaching their right to peaceful enjoyment. They may seek compensation for losses they suffered due to the landlord’s legal violation.
Abandoned Property
If the tenant moves off the property but leaves belongings on the premises in a non-URLTA county, the landlord must take the following actions, per Tenn. Code § 29-18-127:
- Place the tenant’s personal property on the rental property from which the tenant is being removed
- Ensure the property is in an appropriate area clear of the rental property’s entrance
- Place the property a reasonable distance from any roadways
- Leave the tenant’s personal property undisturbed for at least 48 hours
If the tenant fails to recover their personal property within 48 hours, the landlord can dispose of the items.
For properties in URLTA counties, the landlord must store the tenant’s property for 30 days, per Tenn. Code § 66-28-405. If the tenant doesn’t reclaim their possessions within 30 days, the landlord can sell or dispose of the property. Any proceeds from selling the tenant’s belongings can be applied to past rent, storage fees, attorneys’ fees, damages, and sale costs.
Resources
- HELP4TN: Free legal assistance and social services for Tennessee residents.
- Metropolitan Development and Housing Agency (MDHA): Housing resources for individuals and families in Nashville.
- Housing Choice Voucher (HCV) Program: Also called Section 8, this program provides housing subsidies through vouchers for low-income residents.
- Tennessee Fair Housing: Non-profit anti-discrimination legal support and advocacy for residents in various counties, including Wilson, Williamson, Sumner, Smith, Rutherford, Robertson, Putnam, Montgomery, Dickson, DeKalb, Davidson, and Cheatham.
- West Tennessee Legal Services: Legal support and resources for low-income residents in West Tennessee.
- Legal Aid Society of East Tennessee: Low-income resident legal support in East Tennessee.
- Legal Aid Society of Middle Tennessee and the Cumberlands: Legal aid and resources in middle Tennessee and the Cumberlands.