In Tennessee, an eviction notice is a legal document used by landlords to inform tenants of the need to vacate a rental property. Serving this notice is an important step in the eviction process and must be completed in accordance with state law.
Eviction notices tell tenants that they have breached their lease and that the landlord will take legal action to regain the property.
To guarantee they are following the correct legal processes to retake control of their home, landlords must first create an eviction notice as the first step in the legal eviction process.
Types of Eviction Notices in Tennessee
Eviction notice requirements and procedures vary by state. In Tennessee, some common types of eviction notices are as follows:
Non-Payment of Rent
A landlord can terminate a tenancy with a 14-day notice for non-payment of rent. (Section 66-28-505(a)(2))
Breach of Lease
Landlords can end a lease with written notice of at least 14 days if the tenant damages property, commits violence, or poses a threat to the health, safety, or welfare of others. (Section 66-7-109)
To evict a residential tenant for any other lease agreement default, the landlord must provide a 30-day termination notice starting from the date of the notice. (Section 66-7-109(b))
Allows for the termination of a tenant's tenancy with a 3-day notice period if the premises or the surrounding area are knowingly used for criminal activity. (Section 66-28-517)
In the case of a week-to-week tenancy, either the landlord or the tenant can end the lease at any time with ten days' written notice to the other party. (Section 66-28-512)
For a month-to-month tenancy, either the landlord or tenant can terminate the tenancy by giving a written notice to the other party at least 30 days before the periodic rental date specified in the notice. (Section 66-28-512)
Eviction Laws and Requirements in Tennessee
Laws & Requirements
Grace Rent Period. There is a five-day grace period beginning the day the rent is due.
Non-Payment of Rent. 14-day notice to terminate tenancy for non-payment of rent.
Breach of Lease. 14-day notice to terminate for property damage, violence, or safety threat.
Non-Compliance. 30-day notice for other lease agreement violations.
Criminal Activity. 3-day notice for using premises for criminal activity.
Week-to-Week. 10-day written notice to end the lease by the landlord or tenant.
Month-to-Month. 30-day written notice to terminate before the periodic rental date specified.
When is Rent Late in Tennessee?
In Tennessee, the due date for rent is typically set in the lease agreement between the landlord and tenant. If a specific day of the month, such as the 1st, is specified as the due date for rent in the lease agreement, then the rent is considered late if the tenant does not pay it in full by that due date.
Grounds for Eviction in Tennessee
In Tennessee, a landlord may seek to evict a tenant for several reasons, including:
Grounds for Eviction
Non-payment of rent
Breach of the lease
Prostitution or drug violations
Eviction Process in Tennessee
Eviction in Tennessee involves four steps, which depend on how the tenants have violated it.
#1. Written Notice to Vacate
First, the landlord provides the tenant with a written notice to vacate, which varies in length from 14 to 30 days depending on the situation (14 days for breach of rental agreement, 30 days for lease non-renewal, and three days for serious violations)
#2. Detainer Warrant
The second step involves the landlord filing a detainer warrant in court if the tenant does not comply with the notice.
#3. Court Date
The third step is the court hearing, where both parties present their arguments, and the judge decides whether the tenant must move out.
#4. Writ of Possession
The fourth step involves the landlord obtaining a writ of possession if the tenant does not move within ten days after a judge's order, which leads to the sheriff overseeing the tenant's removal from the property.
Other Eviction-Related Forms in Tennessee
In addition to the eviction notice, there are other forms utilized within the eviction process by the parties, such as:
Other Eviction-Related Forms
Detainer Summons. This document informs tenants that they are being sued for possession of the rental property and invites them to appear in court and present their view of the matter.
Writ of Possession. A court-issued legal document that authorizes a lawful officer to remove the tenant and give the landlord back control of the rented property.
Eviction Information for Landlords in Tennessee
When a landlord wishes to terminate a tenancy, whether due to a violation of the lease agreement or other reasons, it is important to follow the proper legal procedures.
Note that physical eviction of the tenant is not an acceptable solution.
Instead, the landlord must issue an eviction notice to inform the tenant of the termination and provide a specific time frame for vacating the premises. In the event that the tenant refuses to leave, the landlord has to initiate court proceedings.
It is essential to comply with all legal requirements and adhere to the correct procedures to avoid potential legal consequences.
Eviction Information for Tenants in Tennessee
Tenants have the legal right to be given notice and a hearing before being evicted, at which they can present their case. However, tenants can appeal a decision within ten days after a judge's order if they post one year's worth of rent as a bond with the appeal.
Tenants with an oral lease are in a different position than those with a written lease. If the tenant has a lease, the landlord can only evict them when the lease ends, but they still have to take the tenant to court.
In cases where the tenant doesn't have a lease, the landlord can evict them whenever they want, but they must give them the right amount of notice before going to court for eviction.
How to Write an Eviction Notice in Tennessee
Tennessee Eviction Notice Checklist
Tennessee Eviction Notice FAQ
A landlord can file an eviction notice in Tennessee when a tenant violates the terms of their lease agreement, such as failing to pay rent, damaging the property, or engaging in illegal activities on the premises.
An eviction notice serves as a legal notice to the tenant that they must vacate the property or face legal consequences. It is an important step in the eviction process that protects the landlord's legal rights.
The timeline for evicting a tenant can vary depending on several factors, such as the reason for the eviction, the length of the eviction notice, and the efficiency of the court system. Typically, the eviction process can take anywhere from a few weeks to several months.
Yes, in Tennessee, a 3-day eviction notice is legal only if the tenant has engaged in illegal activity on the rented property.