Tennessee Eviction Laws: A Comprehensive Landlord's Guide (2023)
Recent data from June 2023 reveals a striking reality for Tennessee landlords. Over 1,200 evictions were filed in Nashville within that month alone, with a staggering total of nearly 13,000 eviction filings in the past year.
To navigate the complexities of tenant eviction in Tennessee, it's more important than ever that landlords arm themselves with a thorough understanding of the state's eviction laws. In this comprehensive guide, we'll cover everything you need to know about Tennessee eviction laws, ensuring you are well-prepared to handle any eviction situation that may arise.
Reasons For Eviction According To Tennessee Eviction Laws
As a landlord in Tennessee, it's vital to be aware of the valid reasons for evicting a tenant. The state's eviction laws allow landlords to initiate eviction proceedings for the following reasons.
Nonpayment of rent
One of the most common reasons for eviction is when a tenant fails to pay rent on time. In Tennessee, rent is considered late unless paid within five days after its due date.
To start the eviction process, the landlord must serve the tenant with a written proper notice called a 14-Day Notice to Pay. This gives the tenant 14 days to catch up on the overdue rent.
If the tenant pays the full amount within this notice period, the eviction process is halted, and they can continue residing in the rental property. Otherwise, you may move forward with eviction proceedings.
Illegal activity on the property
Engaging in illegal activities within the rental premises is grounds for eviction in Tennessee, as it violates the rental agreement.
These activities can include:
- Drug-related offenses
- Theft
- Assault
- Murder
- Other criminal actions that threaten the safety of other tenants or the property itself.
In such cases, the landlord must serve the tenant with a 3-Day Notice to Quit. This eviction notice provides tenants with a three-day window to vacate the property. The landlord can file an eviction lawsuit if the tenant remains on the premises beyond this period.
Violating the lease agreement
Lease violations can encompass a range of infractions that violate the rental agreement. These include:
- Damaging the rental unit, including electrical wiring or plumbing, or violating housing codes
- Housing unauthorized pets in the rental unit
- Smoking in non-smoking areas
- Exceeding the maximum occupancy allowed in the lease agreement
For curable violations, the landlord must serve the tenant with a 14-Day Notice to Comply, giving them 14 days to rectify the breach. However, for incurable violations, the landlord can issue a 14-Day Notice to Quit, requiring the tenant to vacate the property within 14 days or else face an eviction lawsuit.
Non-renewal of the lease
If a tenant remains in the rental property after their written lease expires without renewing it, the landlord can serve them with a 30-Day Notice to Quit.
This notice allows the tenant 30 days to either arrange for a lease renewal or vacate. If the tenant fails to comply or vacate the rental unit, the landlord can proceed with filing for an eviction lawsuit.
Tennessee Eviction Laws: Quick Reference Table
| Problem | Tennessee Eviction Law Says… | What To Do |
|---|---|---|
| Tenant hasn’t paid rent. | Tennessee, rent is considered late if not paid within five days after its due date. TN § 66-7-109 (2010) |
Serve the tenant with a written 14-Day Notice to Pay, giving the tenant 14 days to catch up on the overdue rent. If they don’t, initiate legal action. |
| Tenant has pets or long-term guests. | Landlords are required to give the tenant a 14-day notice to comply with the terms of the rental agreement. TN § 66-7-109 (2010) |
Serve the tenant with a 14-Day Notice to Comply, giving them 14 days to rectify the violation or else start the eviction process. |
| Tenant has damaged the property. | Landlords can allow tenants to fix the damage. But if damage is incurable through repairs, tenants may be removed. TN § 66-7-109 (2010) |
Serve the tenant with a 14-Day Notice to Comply or a 14-Day Notice to Quit depending on the severity of the damage. |
| Tenant is conducting illegal activities. | Engaging in illegal activities within the rental premises is grounds for eviction in Tennessee. TN § 66-7-109 (2010) |
Serve the tenant with a 3-Day Notice to Quit, providing a three-day window to vacate the property. |
How To Evict A Tenant In Tennessee: Step By Step Guide
Evicting a tenant is a legal process that requires adherence to specific steps outlined by Tennessee eviction laws. As a landlord, following these steps carefully is essential to ensure a smooth and lawful eviction.
Here's a step-by-step guide on how to evict a tenant in Tennessee.
Step 1: Serve a notice.
The first step in the eviction process is to serve the tenant with an official notice stating the reason for eviction.
Depending on the specific reason for eviction, you must provide the tenant with the appropriate notice, such as a 14-Day Notice to Pay for nonpayment of rent or a 3-Day Notice to Quit for illegal activities or health and safety violations.
Step 2: Wait for the tenant to fix the problem or leave.
After serving the eviction notice, Tennessee eviction laws provide the tenant a specified period to either remedy the issue, such as paying overdue rent, correcting lease violations, or vacating the rental property voluntarily.
Step 3: File a complaint.
If the tenant fails to comply with the notice and remains on the property, the next step is to file a complaint with the appropriate court. The complaint should outline the reasons for eviction, the dates of notice served, and any supporting evidence. Prepare to pay filing fees and court fees, which average $351 in Tennessee.
Step 4: Serve the tenant.
Once the complaint is filed, the tenant must be officially served with a copy of the complaint and a summons to appear in court. The service of these documents can be done in person, by mail, or by other methods allowed under Tennessee law.
Step 5: Go to court.
The tenant can respond to the complaint in court during a scheduled eviction hearing. The property manager and the tenant will present their arguments and evidence to the judge, who will then make a ruling based on the case's merits.
Step 6: The tenant is removed, and the landlord gains possession of the property.
If the judge rules in favor of the landlord, a judgment for possession will be issued, and the tenant will be given a specific period (usually 10 days) to vacate the property voluntarily.
If the tenant fails to leave within the given timeframe, Tennessee eviction laws state that the landlord can request a Writ of Possession, which authorizes law enforcement officials to physically remove the tenant and their belongings from the rental premises.
Late Or Nonpayment Of Rent? Hemlane Eviction Services Can Help
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