An eviction notice is a formal, written document from a landlord to a tenant signaling the intent to terminate the rental agreement. It is the first step in the legal eviction process, informing the tenant of an issue like unpaid rent or a lease violation and providing a timeframe to fix the problem or move out. This article explains the procedures for eviction notices in Tennessee.
Grounds for Eviction in Tennessee
In Tennessee, a landlord must have a valid reason, or “cause,” to evict a tenant before a lease expires. Common grounds include failure to pay rent, violating lease terms like having an unauthorized pet, or causing significant property damage. Landlords can also evict for illegal acts on the property, actions that threaten others’ health and safety, or if a tenant remains after the lease ends without a new agreement (a “holdover tenant”).
Two sets of laws govern the landlord-tenant relationship. The Uniform Residential Landlord and Tenant Act (URLTA) applies to counties with a population over 75,000, while separate provisions govern all other counties. The requirements and notice periods differ depending on which law applies, so it is important to know the rules for your specific county.
Tennessee Eviction Notice Types and Timelines
The type of eviction notice and its timeline depend on the reason for eviction and the county’s governing laws. For non-payment of rent, a landlord issues a 14-Day Notice to Pay or Quit, giving the tenant 14 days to pay the rent owed.1Justia. Tennessee Code § 66-28-505 (2024) – Noncompliance by tenant – Failure to pay rent For other lease violations, a 14-Day Notice to Cure or Quit allows the tenant 14 days to fix the problem.
If a similar violation occurs within six months of the first notice, the rules change. In counties under the URLTA, the landlord can issue a 7-Day Notice to Quit without an option to cure. In other counties, a 14-Day Notice to Quit is required for a repeat violation.2Justia. Tennessee Code § 66-7-109 (2024) – Notice of termination by landlord – Testimony of manager against tenant
For severe conduct, such as a violent act or behavior that threatens others, a landlord can issue a 3-Day Notice to Quit, which does not offer a chance to fix the issue. To end a month-to-month tenancy without cause, a landlord must provide a 30-Day Notice to Quit.3Justia. Tennessee Code § 66-28-512 (2024) – Termination of periodic tenancy – Holdover remedies
Required Contents of a Valid Tennessee Eviction Notice
For an eviction notice to be legally valid in Tennessee, it must contain specific information. The document must identify the tenant by name, provide the rental property’s address, and state the reason for the potential eviction. If the reason is non-payment, the notice must specify the amount due and how to pay it. The notice must also include the deadline for the tenant to resolve the issue or move out. Finally, the document must be signed by the landlord or their authorized agent to be valid.
How Landlords Must Serve Eviction Notices in Tennessee
Tennessee law specifies how a landlord must deliver an eviction notice. The primary method is personal service, where the landlord or an agent hands the notice directly to the tenant. If the tenant is not home, the notice can be left with another resident of suitable age. Another method is to post the notice in a visible location on the property, such as the front door, which often requires mailing a copy to the tenant as well.
Tenant Options During the Notice Period
After receiving an eviction notice, a tenant has a few options. If the notice is for non-payment of rent, paying the full amount within the 14-day period stops the eviction. If the notice is for a curable lease violation, the tenant can correct the issue within the given timeframe. The other option for the tenant is to move out of the property by the deadline specified in the notice.
The Unlawful Detainer Lawsuit Process
If a tenant does not pay rent, fix a violation, or move out by the notice deadline, the landlord can file an eviction lawsuit. This action is called an “unlawful detainer” in Tennessee.4Justia. Tennessee Code § 29-18-104 (2024) – Unlawful detainer defined The landlord begins by filing a “Detainer Warrant” with the General Sessions Court in the property’s county. A copy of the warrant and a court summons are then served on the tenant, providing the date and time for a hearing. At the hearing, both parties can present their case to a judge, who will rule on the eviction.