Evictions in Tennessee require landlords to follow a specific legal process. Mistakes can cause delays or case dismissal, so understanding these procedures is important for property owners to manage evictions effectively and avoid legal issues. This article outlines these steps and legal requirements.
Legal Grounds for Eviction
In Tennessee, a landlord needs a valid legal reason to evict a tenant, as specified by state law, primarily the Tennessee Uniform Residential Landlord and Tenant Act (TURLTA).1Justia Law. Tennessee Code Title 66, Chapter 28 (2024) – Uniform Residential Landlord and Tenant Act Nonpayment of rent is a common reason; failure to pay by the due date breaches the lease and allows the landlord to seek eviction.
Lease agreement violations are also grounds for eviction. Examples include having unauthorized pets, causing significant property damage, or creating a nuisance. The landlord must show that a clear lease term was violated.
Engaging in certain illegal activities on the property also permits eviction. TURLTA covers situations like violent acts, behavior endangering others, or drug-related criminal activity by the tenant or their guests.2Justia Law. Tennessee Code § 66-28-517 (2024) – Termination by Landlord for Violence or Threats These serious breaches can lead to a faster eviction.
A landlord can also evict a tenant who remains after the lease ends without a new agreement (a holdover tenancy). Landlords cannot use eviction for retaliation, such as after a tenant requests legitimate repairs or reports housing code violations, as Tennessee law protects tenants in these cases.3Justia Law. Tennessee Code § 66-28-514 (2024) – Retaliatory Conduct Prohibited
Notice Requirements
After establishing a legal reason for eviction, the landlord must provide the tenant with proper written notice as required by Tennessee law, particularly the Tennessee Uniform Residential Landlord and Tenant Act (TURLTA).
For nonpayment of rent under TURLTA, a written notice must state the amount due and inform the tenant that the lease will end if rent isn’t paid within fourteen days of receiving the notice.4Justia Law. Tennessee Code § 66-28-505 (2024) – Noncompliance by Tenant – Failure to Pay Rent
For lease violations (other than nonpayment) that can be fixed, a 14-day written notice is usually required, detailing the breach and stating the lease terminates if not corrected. If a tenant repeats a similar violation within six months of a prior notice, the landlord can issue a 14-day termination notice without an opportunity to fix it. A 14-day termination notice is also used for violations that cannot be fixed.
To end a month-to-month lease without tenant fault, at least thirty days’ written notice is required, effective on a rent-paying date.5Justia Law. Tennessee Code § 66-28-512 (2024) – Termination of Periodic Tenancy – Holdover Remedies For week-to-week tenancies, a ten-day notice is needed. All eviction notices under TURLTA must be in writing.
Serving the Notice
The prepared eviction notice must be delivered (“served”) to the tenant according to legal standards to ensure they are officially informed.
Common service methods include:
- Personal delivery: Handing the notice directly to the tenant.
- Substituted service: If the tenant isn’t available, leaving it with another resident 18 years or older.
- Posting: If other methods fail after reasonable attempts, posting the notice on the property’s door, often with a mailed copy.
- Mail: Service by U.S. mail, including certified mail with return receipt for proof of mailing.
Landlords must keep detailed records of service. Incorrect service can cause major delays or dismissal of an eviction lawsuit, forcing the landlord to restart.
Tenant’s Right to Respond
Upon receiving an eviction notice, Tennessee tenants have several response options.
If the notice is for nonpayment of rent or a fixable lease violation, the tenant usually has a specified period to resolve the issue (e.g., pay rent, correct the violation). Doing so typically allows the tenancy to continue.
Alternatively, a tenant can move out by the date in the notice, which can help avoid an eviction lawsuit and its impact on their rental history.
If a tenant believes the eviction is improper (e.g., false claims, defective notice, retaliation, discrimination), they can dispute it. If the tenant remains, the landlord must file a Detainer Warrant in court to proceed with a legal eviction.
Court Filing Procedures
If a tenant doesn’t resolve the issue or move out after an eviction notice, the landlord must file a Detainer Warrant in the General Sessions Court of the county where the property is located to legally regain possession.6Justia Law. Tennessee Code § 16-15-501 (2024) – General Jurisdiction of General Sessions Courts This warrant is the official court summons for the eviction lawsuit, informing the tenant of the action and potential claims for unpaid rent or damages.
The Detainer Warrant must include landlord and tenant names, property description, eviction reasons, and any rent owed.7FindLaw. Tennessee Code § 29-18-112 – Form of Warrant It’s filed with the court clerk, and a filing fee, varying by county, is required.
Once filed, the clerk issues the warrant, which must then be officially served on the tenant by the county sheriff’s office or a licensed private process server. This is a separate service from the initial eviction notice. Methods include personal service or leaving it with a responsible adult at the property. If these fail, it may be posted on the door and mailed, at least six days before the court date.8Justia Law. Tennessee Code § 29-18-115 (2024) – Method of Serving Summons The warrant specifies the court date, giving the tenant a chance to respond.
Eviction Enforcement
If the court rules for the landlord, enforcement begins. The landlord obtains a judgment for possession, but this alone doesn’t permit removing the tenant. A Writ of Possession, a court order directing the county sheriff to conduct the eviction, is required. “Self-help” evictions (e.g., changing locks) are illegal and carry penalties.
Tennessee law mandates a 10-calendar-day waiting period after the judgment before the Writ of Possession can be issued.9Justia Law. Tennessee Code § 29-18-126 (2024) – Delay Before Execution of Writ of Possession This allows the tenant time to move out or seek further legal options, like an appeal (though an appeal usually needs a separate court order, a stay, to halt eviction). If the tenant remains after 10 days without a stay, the landlord can get the Writ.
The landlord delivers the Writ to the sheriff, who executes it. The sheriff will demand the tenant vacate. If refused or if the tenant is absent, the officer can use reasonable force to restore possession to the landlord.
If the tenant leaves belongings, the landlord must remove and store them at the tenant’s expense, gaining a lien for these costs. The landlord must send a certified mail notice to the tenant’s last known address about the stored items. If not claimed and costs paid within thirty days of this notice, the landlord can dispose of the property as law permits.10Justia Law. Tennessee Code § 29-18-127 (2024) – Form of Execution and Writ; Disposition of Personal Property The sheriff ensures lawful repossession, while the landlord, under sheriff supervision, handles moving and storing belongings.