Tennessee Eviction Process

Guide to the Eviction Process in Tennessee

State-Specific COVID-19 Resources

Eviction in Tennessee: The first step in the eviction process in Tennessee is when the landlord serves the tenant with an eviction notice. If the landlord is in one of the counties covered by the Uniform Residential Landlord and Tenant Act, then eviction takes a little more time. In those counties, to evict a tenant for non-payment of rent or for breaching the lease, the landlord should serve the tenant with a 30 Day Notice. This 30 day notice will state that the tenant must fix the problem within 14 days, or else the lease will terminate at the end of the 30 days.

Tennessee Eviction Laws

The eviction laws in Tennessee depend on what county you are in. If you live in Shelby, Davidson, Knox, Hamilton, Sumner, Montgomery, Blount, Madison, Bradley, or Anderson Counties, your eviction laws are governed by the Uniform Residential Landlord and Tenant Act, which is contained in the Tennessee Code under Title 66, Chapter 28. This act covers all the rules concerning the relationship between landlords and tenant for those counties. If you do not live in one of those counties, the eviction law is governed by local law or common law. If you are a landlord in Tennessee, it is a good idea to familiarize yourself with the laws in your county.  Tenants can view helpful pages when they are being evicted> Tenants Help Pages

 

 

---

 

DOWNLOAD FORMS YOU WILL NEED FOR THE EVICTION IN TENNESSEE

Tennessee Landlord Notices for Eviction / Unlawful Detainer Forms Package

TENNESSEE EVICTION FORMS

 

 

---

 

The Tennessee Rental Agreement

Tennessee Residential Landlord Tenant Rental Lease Forms and Agreements Package

 

 

 

---

Tennessee Eviction Notice

The first step in the eviction process in Tennessee is when the landlord serves the tenant with an eviction notice. If the landlord is in one of the counties covered by the Uniform Residential Landlord and Tenant Act, then eviction takes a little more time. In those counties, to evict a tenant for non-payment of rent or for breaching the lease, the landlord should serve the tenant with a 30 Day Notice. This 30 day notice will state that the tenant must fix the problem within 14 days, or else the lease will terminate at the end of the 30 days.

If the tenant is doing something that creates serious damage or harm to others, the landlord can serve the tenant with a 3 Day Notice to Vacate. This should only be used for serious damage or violations of health or safety. It is important for the landlord to check the lease. Some leases say that no notice is required for non-payment of rent. If that is the case, the landlord can go straight to court for relief.  However, it might be better to give notice anyway, to give the tenant an opportunity to pay the rent (and let them know you are serious).

If the property is not in one of the counties covered by the Uniform Residential Landlord and Tenant Act, then the landlord only needs to serve a 14 Day Notice to evict for non-payment of rent, extensive damage, or health and safety violations. All other breaches need a 30 Day Notice.

 

 

Detainer Warrant

Once the Notice period in the Eviction Notice has run out, and the tenant is still there, the landlord needs to go to court for help. The landlord should go to the court that handles evictions for the jurisdiction where the property sits (usually General Sessions Court), and ask the court clerk for a Detainer Warrant to be issued. There will be a filing fee. The Sheriff will the deliver the Detainer Warrant to the tenant. It will tell the tenant when and where the court date is.

 

Going to Court

The landlord needs to appear at the court date to win the eviction. If the tenant does not show, then the landlord will win by default. If the tenant shows up, then both sides will have to present their case (their “side of the story”) to the judge. The landlord should bring all evidence to court, including the lease, a copy of the eviction notice, documents, rent reciepts, witnesses, etc. The judge will then make a ruling. If the judge rules for the landlord, the tenant will have 10 days to vacate the premises. The judge can also award the landlord back rent and money for damages. During this 10 days, the tenant can appeal the judgment if they want to. If they appeal, there will be another hearing in Circuit Court, upon which the landlord must prove their case before the landlord can gain possession.

 

 

Sheriff Removal

If the tenant is still in possession after the expiration of 10 days from the judge’s order to vacate, the landlord must go to the court clerk and apply to have the Sheriff remove the tenant. The Sheriff has the power to physically remove the tenant and the tenant’s belongs on the 11th day after the order was handed down. The landlord can never physically evict the tenant themselves.

 

You decided to rent a place to live. The landlord seemed nice enough when you first moved in, but after you got behind on rent, he threatened to throw you and your stuff out if you didn’t have the rent to him within the next 24 hours!What do you do? Do you have any rights? I get phone calls all the time from individuals who want to know what their landlord can and cannot do. Conversely, I’ve had landlords with one or two rental properties call and ask for advice on how to deal with troublesome renters.Very strict rules govern the circumstances that allow a landlord to evict a tenant and they can be found in Title 66, Chapter 28 of the Tennessee Code Annotated (T.C.A.). If the landlord doesn’t follow those rules he or she simply cannot legally evict someone, but that does not mean they won’t try. The best way for tenants to respond to an eviction threat is with solid knowledge about their legal rights and the steps a landlord must follow before a legal eviction can occur.

 

Step 1: Written Notice

The first thing a landlord must do is provide the tenant with a written notice that an eviction will occur in 30 days if the tenant does not comply with the terms of the lease within 14 days. This notice is required by T.C.A. Section 66-28-505. This notice must be served before a landlord may formally file for an eviction and it may be as simple as a one page paper handed to the tenant.Tennessee law permits landlords to evict tenants for several specific reasons: non-payment of rent, end of lease term, breach of lease contract, safety or noise issues, illegal activity, or property abandonment. If other reasons are included in the lease, they may be permitted, as long as they can’t be classified as some sort of discrimination.Keep in mind that a tenant hasn’t “received” written notice unless the notice is provided in one of these three ways: hand delivered by landlord, posted on the property (i.e. taped to the front door, put in the mailbox, etc.), or sent via certified mail.

 

Step 2: Eviction Papers

The next step a landlord must then perform is to file an Eviction Notice with the general sessions court in the county where the property is located. The landlord may set the date for the hearing of this matter for whatever day they desire (in Knox County, evictions are heard every Tuesday), but it is usually a few weeks to a month from the date on which they filed for the eviction.The landlord must provide either a written copy of the eviction paperwork to the tenant through a process server or a written copy of what was posted on the property or sent via certified mail.

 

 

Step 3: The Eviction Hearing

At this point in the proceeding, if not before, you may desire to hire an attorney to represent you to show to the court that the eviction is fraudulent, based upon inappropriate grounds, or that the landlord has failed to comply with the terms of the lease or the requirements of Tennessee law regarding evictions, such as providing proper notice of the pending eviction. If you, as the tenant are successful, congratulations! If not, there are still several steps the landlord must comply with before you are required to vacate the premises.As a landlord, keep in mind also that if you have a limited liability company or corporation that owns the property instead of an individual, you must have an attorney represent the company. A company cannot represent itself in legal proceedings.

 

Step 4: Period for Appeal

A tenant has 10 days to appeal an eviction judgment in Tennessee. If a tenant decides to appeal, he or she must file an appeal in circuit court and file an appeal bond with the general sessions court. Remember to file the appeal bond or you will be defeated in your appeal before you start. A new trial date will be set in circuit court, and at that time, the tenant must appeal the decision with evidence contesting the eviction.

 

Step 5: Writ of Possession

The landlord can do nothing to remove you from the property until the 10 day appeal period has run. After that time period has lapsed, the landlord must then file with general sessions court a Writ of Possession for the leased premises. The writ gives possession of the residence back to the landlord. At that point, within 2-3 days of the Writ being filed, a tenant will be physically made to leave by a sheriff and all of tenant’s property will be removed from the residence.Finding yourself in the process of being evicted is not an enviable position, but it is important to know the many time periods and requirements so that you are able to keep yourself on the premises for the entirety of the period to which you are entitled.Hopefully, you’ll never be evicted!