Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal services. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
When a landlord rents out their property to tenants in Tennessee, there is always the possibility that they may need to legally remove a tenant.
Landlords can expect the Tennessee eviction process to take anywhere between four to eight weeks, depending on the infringement committed, such as nonpayment of rent or other lease violations.
If the tenant fails to make payment or address other issues within the given timeframe, the eviction process may proceed accordingly.
The process in Tennessee can take longer should their tenant file an appeal or any other landlord-tenant law infringements take place. With this in mind, we at Brentwood Square Management Service have put together the following is a guide to the eviction process that both landlords and tenants in any rental should be aware of.
Legal Reason
A landlord has to have a legally justifiable reason to remove a tenant from a unit they rent and start the eviction process or they could face an eviction lawsuit. According to Tennessee's laws, the reasons a landlord can take action include:
- If the tenant fails to make a rental payment
- If the tenant violates the terms of the rental agreement
- If the tenant commits housing code or safety violations
- The absence of a rental or lease agreement
- For lease violations involving the tenant’s safety and health
- Illegal activity
Other than for these reasons, it’s illegal according to Tennessee law for a landlord or a property manager to evict a tenant, and doing so could result in the landlord facing an eviction lawsuit.
Additionally, retaliatory evictions by landlords are illegal. Landlords cannot evict tenants for reasons unrelated to nonpayment of rent or other lease violations. If a landlord attempts to evict a tenant without proper justification, they may be subject to legal penalties and damages from the eviction lawsuit.
Eviction Notice
Once a landlord has a legal justification to evict a tenant from their rental unit, the landlord must serve the tenant with a relevant eviction notice. This written notice must specifically address the lease infringement the tenant has committed, including "other lease violations" that may apply.
Tennessee laws also require that the notice inform the tenant of the actions they must take within the notice period to avoid eviction.
Non Payment of Rent
For a Tennessee tenant who stops paying rent, the landlord must serve them a 14-Day Notice to Pay if they wish to remove them from the rental unit. Rent payments become late after its 5 days past-due according to Tennessee law.
The notice gives the Tennessee tenant the option to pay the unpaid rent within 14 days to avoid getting evicted. If the tenant chooses to continue not paying rent and still remains on the rental unit, a landlord can move to court through an eviction lawsuit.
Lease Agreement Violations
The Tennessee landlord-tenant laws also allow the landlord to remove their tenant due to violations committed against lease agreements. Some states categorize violations as either curable or incurable. However, this is not the case in Tennessee, as Tennessee eviction laws consider all lease agreement infringements as incurable.
The only exception to this is if the lease infringement involves property damage. If the Tennessee tenant pays for the costs of repairs within the 14-day window, landlords must stop further eviction proceedings against them. All other lease violations lead directly to eviction.
There are different Notice to Quit periods a Tennessee landlord should be aware of. For repeat offenders in a six-month period, a landlord can terminate their lease with 7 days. Otherwise, the landlord must serve the tenant with a 14-day advance notice. This will give the tenant a maximum of 14 days to move out. If they don’t, you, the landlord, can proceed with the eviction action against them.
The following are examples of lease violations that you can use the 14-Day Notice for:
- Rental unit damage beyond normal wear and tear
- Exceeding any rental limits (tenant volumes etc.)
- Violating the pet policy/unauthorized pets
- Committing health and safety violations
- Violations of the Fair Housing Act
Illegal activity is a serious breach of the lease that belongs in a separate category.
Absence of a Lease or Rental Agreement
This usually occurs when a residential tenant continues living in the premises after their rental agreement has expired. Such tenants are said to be “holdover tenants”, and the landlord may take legal action to evict them. "Before a landlord can evict the tenant from the premises, Tennessee eviction laws require that they serve them proper notice first.
Notice requirements state that for tenants who pay rent on a weekly basis, a landlord must serve them a 10-Day Notice to Quit. For those who pay rent on a monthly basis, as the landlord, the notice requirements are a 30-Day Notice to Quit. If the notice period ends and the tenant fails to vacate, the landlord can take legal action and file an eviction lawsuit. The court can help to forcibly remove the tenant.
Material Health & Safety infringement
Landlords can also evict a tenant for violating a habitability code. Examples of such infringements that can lead a landlord to take action include:
- Tampering with the unit’s electrical wiring.
- Letting trash pile up inside the unit.
- Falsely claiming they are disabled.
- Violations of the Fair Housing Act
In all these cases, a landlord must serve the tenant or tenants with a 3-Day Notice. This will give the tenant up to 3 days to vacate the premises or they risk getting evicted. Again, if the tenant refuses to leave within the 3 days, the landlord can proceed with the eviction process in Tennessee.
Illegal Activity
Tennessee considers illegal activities, which can lead a landlord to take action, to include any of the following:
- Drug related activity, such as the manufacturing, possession or sale of controlled substances.
- Prostitution.
- The willful or intentional committing of a violent act.
- Threatening or endangering the health, welfare, or safety of others or property.
- Creation of an unsanitary or hazardous condition that affects the health, welfare or safety of the rental property or tenants.
To start the eviction process in Tennessee against tenants involved in such, a landlord must first serve them the 3-Day Notice. In the written notice, make sure, as the landlord, you provide your tenant with details of the infringement.
Summons & Complaint
The next step in the eviction process is for landlords to move to an appropriate court and file a complaint. You’ll need to pay court filing fees, which typically cost around $200 depending on the county. Unlike an eviction notice, service of the summons and complaint must be done by a sheriff. They must do so in any of the following ways:
- Serve the notice to the tenants in person.
- Post the notice in a conspicuous place on the property for tenants to see.
- Mail a copy to the tenant via certified mail.
Court Hearing & Judgment
Once the sheriff or other law enforcement officials has served the summons and complaint to the tenant, the eviction hearing must be held no later than 6 days after. Either party can request an extension of this period to up to 15 days.
If the tenant doesn’t show up for the eviction hearing, the court will issue a default judgment in your favor, allowing the eviction to proceed. After the eviction hearing, you’ll be issued with a writ of possession, and the eviction process will continue.
The tenant must vacate the property after that, and if they fail to do so, further eviction actions can be taken to enforce the eviction judgment.
Writ of Possession
This is a judgment by the court that allows a sheriff to remove the tenant and the landlord to change the locks. The writ gives the tenant the final notice to move out before they can be forcibly removed.
Typically, a writ is issued by a court 10 days after successful judgment. Be advised, at this point you may have to return or deduct the security deposit, should returning the deposit be viable.
Bottom Line
Understanding the eviction laws and the eviction process a landlord must follow is incredibly important for landlords. You should also be aware of the Landlord-Tenant Act. Even though you may never wish to evict tenants, the possibility of needing to perform an eviction is always there.
If you have any further questions regarding this or any other aspect of property management please don’t hesitate to contact us at Brentwood Square Management Services.
