Isabella Carter
In the state of Tennessee, landlords must follow specific rules and procedures when evicting a tenant. The first step in the eviction process is to serve a Tennessee eviction notice, which must detail the reason for the eviction, as well as other vital information. The type of notice and the number of days' notice required will depend on the reason for eviction and the terms of the lease agreement. For example, in cases of non-payment of rent, a 14-day notice to pay or quit is typically required. If the tenant fails to remedy the situation or vacate the premises within the specified time frame, the landlord can then proceed with filing an eviction lawsuit. The eviction documents must be served properly and lawfully, and landlords should keep a copy of the notice as proof of service.
| Characteristics | Values |
|---|---|
| First step in the eviction process | Serve a Tennessee Notice to Quit |
| Notice to Quit must include | Number of days to remedy or cure the violation |
| Notice to Quit must include | Reason for eviction |
| Notice to Quit must include | Date of termination of rental agreement |
| Notice to Quit must be delivered | By mail or email (where previously agreed upon) |
| Notice to Quit must be delivered | By a sheriff or process server |
| Notice period for non-payment of rent | 14 days |
| Notice period for lease violations | 14 days |
| Notice period for termination of a month-to-month tenancy | 30 days |
| Notice period for termination of a fixed-term tenancy | Until the end of the term |
| Notice period for termination of a week-to-week tenancy | 7 days |
| Notice period for severe non-compliance in non-URLTA-regulated counties | 3 days |
| Next step after notice period | File an eviction complaint in court |
| Next step after complaint | Court serves tenant a summons |
| Next step after summons | Landlord and tenant attend court hearing and receive judgment |
| Next step after judgment in landlord's favor | Sheriff serves the writ and forcibly removes the tenant |
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What You'll Learn
Notice to Quit
In the state of Tennessee, a landlord must provide a tenant with an official Notice to Quit before proceeding with an eviction lawsuit. The number of days associated with the Notice to Quit will depend on the reason for eviction. For instance, in the case of non-payment of rent, tenants are typically given a 14-day notice period to pay or quit. This means that they have 14 days to either pay the rent due or vacate the premises before the landlord can initiate eviction proceedings in court.
In counties with a population of 75,000 or more, the Uniform Residential Landlord and Tenant Act (URLTA) allows landlords to include a clause in the rental agreement, waiving tenants' rights to a 14-day notice for non-payment of rent. In such cases, tenants may not receive any notice before the landlord files for eviction, and they cannot remedy the situation by paying the rent due.
For lease violations that cannot be remedied through payment, landlords must give tenants 14 days' notice to move out in counties under the URLTA. A minimum of 30 days' notice may be required in smaller counties, depending on the lease agreement violation. For health and safety violations and illegal activity, landlords must give tenants three days' notice before filing for eviction.
If a tenant commits a violent act or engages in behaviour that threatens the health, safety, or welfare of others, the landlord can issue a 14-day notice without the option to cure or remedy the situation. The landlord may also give a 14-day notice without a chance to cure if the tenant commits the same act or omission that previously resulted in a violation within six months of the first notice.
Once the notice period has expired, if the tenant does not vacate the property, the landlord can go to court to request a detainer warrant. The sheriff will deliver this warrant, which includes the court date and location. If the tenant fails to appear in court, the landlord wins possession by default. If the judge rules in favour of the landlord, the tenant has 10 days to vacate the property or appeal the decision.
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Eviction notice delivery methods
In Tennessee, the first step in the eviction process is to serve the appropriate eviction notice. The notice can be delivered through the following methods:
Delivery by mail
The notice can be sent via registered or certified mail to the tenant's designated last known address. This is a reliable method of delivery as it provides proof of service, which is important for the landlord to keep in case of any disputes.
Delivery by email
The notice can be delivered by email if this method has been previously agreed upon by the landlord and tenant. Again, it is important for the landlord to keep a copy of the notice as proof of service.
In-person delivery
In Tennessee, a notice to quit can be served by a sheriff or process server, who will hand-deliver the notice to the tenant. This method ensures that the tenant receives the notice directly and can be useful if there are concerns about the tenant's current address or their willingness to engage in the eviction process.
Posting on the rental property
In some cases, if other delivery methods are not feasible, the notice can be posted on the rental property. This method should only be used as a last resort, and the landlord must ensure that the notice is posted in a prominent and secure location where the tenant is likely to see it.
Regardless of the delivery method, the eviction notice must comply with the rules stated in The Uniform Residential Landlord and Tenant Act of Tennessee. It should detail the reason for the eviction, the number of days the tenant has to remedy the violation or vacate the property, and other vital information. If the tenant fails to take the necessary action within the specified timeframe, the landlord can proceed with the next steps in the eviction process, including filing an eviction lawsuit and attending a court hearing.
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Eviction notice contents
The contents of an eviction notice in Tennessee will vary depending on the reason for eviction. However, there are some standard elements that should be included in every eviction notice.
Firstly, the notice must detail the reason for eviction. This could be due to a breach of the rental agreement, non-compliance with the law, or another valid legal reason. The notice should also specify the type of breach, for example, failure to pay rent, damage to property, or violation of lease terms. If the tenant has the option to remedy the breach, the notice should outline the number of days they have to do so, typically 14 days. In some cases, such as severe non-compliance or repeat violations, the notice may simply state that the tenant has a certain number of days to move out without the option to cure the breach.
The eviction notice should also include information about the upcoming legal proceedings. This includes the date and time of the court hearing, as well as any relevant court jurisdiction information. The notice should also include a statement informing the tenant that they are required to appear in court. Additionally, the notice should specify the date of termination of the rental agreement and the consequences of non-compliance, such as the potential issuance of a writ of possession to remove the tenant.
It is important to note that the eviction notice must be delivered properly and lawfully according to Tennessee laws. The notice can be delivered through mail or email, and landlords should keep a copy of the notice as proof of service. Failure to serve the notice properly may result in the landlord losing the subsequent lawsuit.
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Eviction lawsuit
In Tennessee, the eviction process must go through the legal system, and a formal eviction notice must be issued before a landlord can remove a tenant from the property. The type of notice required is determined by the reason for the eviction and the county in which the rental unit is located.
Notice to Quit
In most cases, the first step to every eviction is that the landlord must provide the tenant with 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 it must be given to the tenant by the landlord before proceeding with an eviction lawsuit.
14-Day Notice to Pay or Quit
If the tenant has not paid rent when it is due, the landlord must deliver a 14-Day Notice to Pay or Quit. This notice states the amount of unpaid rent required to remedy the breach and the date on which the lease will terminate if it is not paid (not less than 14 days after receipt of the notice). If the tenant pays all rental payments in full to the landlord before the 14 days are up, the eviction process stops, and they can continue staying in the rental premises.
14-Day Notice to Cure or Quit
If the tenant has violated the lease or rental agreement in some other way, the landlord can give the tenant a 14-Day Notice to Cure or Quit. This notice gives the tenant the option to correct the behaviour or move out. Some violations allow the tenant to fix the damage to avoid eviction, and some are incurable, and the tenant must vacate the rental unit immediately. Examples of some lease violations include keeping pets where it is prohibited, exceeding maximum occupancy, smoking in a smoke-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.
3-Day Unconditional Notice to Quit
For non-URLTA-regulated counties and in certain other circumstances (e.g. tenancies in a housing authority), the landlord may send a three-day unconditional eviction notice for severe noncompliance. Such noncompliance includes behaving in a manner that constitutes or threatens to be a real and present danger to the health, safety, or welfare of the life or property of others.
Once the notice period has passed and the tenant is still in default, the landlord can proceed to file an eviction lawsuit 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. The landlord must not serve the summons and complaint document themselves; this must be served by a professional process server or a peace officer. The document should contain information such as the date and time of the court trial. 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. At the eviction hearing, both parties present evidence and arguments before a judge, who will deliver a decision. If the judgment favours the landlord, a court order is issued for possession and/or payment, which may include issuing a writ of possession to remove the tenant. The tenant has the right to appeal this judgment within a specific timeframe, usually 10 days.
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Eviction hearing
In Tennessee, the eviction hearing is the final step of the eviction process, which begins with a landlord serving an eviction notice to a tenant. The type of eviction notice and the number of days given to the tenant to remedy the violation or vacate the property depend on the reason for eviction and the type of tenancy. For example, in the case of non-payment of rent, a 14-day notice to pay or quit is typically provided. If the tenant fails to remedy the breach or vacate within the specified time frame, the landlord can proceed with the eviction lawsuit.
During the eviction hearing, both the landlord and the tenant have the opportunity to present their evidence and arguments before a judge. The landlord must provide a strong argument, along with evidence, to prove the cause for evicting the tenant. This may include documents such as a copy of the lease agreement, proof of service of the eviction notice, and evidence of lease violation. The tenant also has the right to counter the landlord's claim with their own evidence and arguments.
It is important to note that tenants are not required to answer the warrant, but they must show up at the court hearing. The hearing is typically held on the date stipulated in the warrant, but either party may request a continuance of up to 15 days if needed.
After the hearing, the judge will make a judgment based on the credibility and relevance of both sides' arguments and evidence. If the judgment favors the landlord, a court order for possession and/or payment may be issued, which may include a writ of possession authorizing the sheriff to forcibly remove the tenant from the property. The tenant has the right to appeal this judgment within a specific timeframe, usually 10 days.
The eviction process in Tennessee can vary in timeline, typically ranging from a few weeks to a couple of months. It is important for both landlords and tenants to understand their rights and responsibilities during the eviction process to ensure it is carried out lawfully and fairly.
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Frequently asked questions
The first step is to serve a Tennessee Notice to Quit, which states the number of days the tenant has to remedy or cure the violation.
An eviction notice can be delivered via registered or certified mail to the tenant's designated last known address, or via email if previously agreed upon.
A landlord can evict a tenant for multiple reasons, including failure to pay rent, violation of the lease or rental agreement, committing violent acts, or drug-related activity at the rental unit.
The notice period for eviction varies depending on the reason for eviction and the type of tenancy. It can range from 3 days to 30 days. For example, a 14-day notice is typically given for lease violations, while a 30-day notice is required to terminate a month-to-month tenancy.
If the tenant does not vacate the premises or remedy the violation within the specified time frame, the landlord can proceed with filing an eviction lawsuit. The landlord must provide a strong argument and evidence to prove the cause for eviction in court.
