Eviction Notice Tennessee: What Landlords and Tenants Must Know
Understand the key legal steps, timelines, and responsibilities involved in the Tennessee eviction process for both landlords and tenants.
Evictions in Tennessee are governed by a precise legal framework that landlords and tenants must navigate carefully. Understanding this process is crucial for protecting one’s rights, whether seeking to remove a tenant or facing potential displacement.
This article outlines the essential elements of Tennessee eviction law, including timelines and procedures, to help avoid common pitfalls.
Legal Grounds
A landlord in Tennessee must have a legally valid reason to evict a tenant. The primary source for these grounds is the Tennessee Uniform Residential Landlord and Tenant Act (URLTA), codified in Tennessee Code Annotated Title 66, Chapter 28. This act generally applies to counties with populations over 75,000 based on the 2010 census; different laws may apply in smaller counties, though core principles often overlap. Strict adherence to statutory requirements is necessary for a lawful eviction.
Failure to pay rent is a common basis for eviction. If rent is unpaid when due, the landlord typically must provide written notice, unless the lease explicitly waives this requirement. Tennessee law allows a five-day grace period before late fees apply (Tennessee Code Annotated Section 66-28-201(d)). Nonpayment after this period, following proper notice if required, can lead to eviction proceedings.
Violating the terms of the lease agreement, known as material noncompliance, also constitutes grounds for eviction (Tennessee Code Annotated Section 66-28-505).1Justia Law. Tennessee Code § 66-28-505 (2024) – Noncompliance by Tenant – Failure to Pay Rent Examples include keeping unauthorized pets, housing unapproved occupants, or causing property damage beyond normal wear. The law distinguishes between violations that the tenant can remedy and those that cannot. Willful property destruction may lead to eviction and potential punitive damages.
Actions by a tenant or their guests that endanger health and safety can justify eviction. Tennessee Code Annotated Section 66-28-517 and Section 66-7-109 address violent acts or behavior threatening others on the property. Creating hazardous or unsanitary conditions is another basis for termination. Certain illegal activities, especially drug-related offenses, can trigger expedited eviction processes under specific statutes like Tennessee Code Annotated Section 66-7-109(d).2Justia Law. Tennessee Code § 66-7-109 (2024) – Notice of Termination by Landlord
A tenancy may also end when the lease term expires and the tenant remains without permission (a “holdover” tenant). Landlords can seek possession if a tenant stays after the lease ends or after receiving proper notice to terminate a periodic tenancy, like month-to-month (Tennessee Code Annotated Section 66-28-512(c)). If a tenant abandons the property, presumed under conditions like extended absence and unpaid rent (Tennessee Code Annotated Section 66-28-405), the landlord can reclaim possession. Even with valid grounds, landlords must follow all legally required notice and court procedures.
Required Notice Periods
The length of notice a landlord must provide before starting court action depends on the eviction reason and tenancy type. The Tennessee Uniform Residential Landlord and Tenant Act (URLTA), applicable in larger counties, specifies these periods. For nonpayment of rent, unless waived in writing per Tennessee Code Annotated Section 66-28-505(b), the landlord must give 14 days’ written notice stating the amount due and that the lease will terminate if payment isn’t made (Tennessee Code Annotated Section 66-28-505(a)(2)). This allows the tenant an opportunity to pay the owed rent and avoid eviction.
If a tenant violates the lease or fails to maintain the property affecting health and safety (material noncompliance under Tennessee Code Annotated Section 66-28-401), the notice period varies. If the breach can be fixed (“remedied”) through repairs or payment, the landlord must provide written notice specifying the violation and stating the lease terminates in at least 30 days, unless the tenant remedies the breach within 14 days of receiving the notice (Tennessee Code Annotated Section 66-28-505(a)(1)). If the breach cannot be remedied, the landlord can issue a 14-day termination notice (Tennessee Code Annotated Section 66-28-505(a)(3)).
A shorter notice applies for repeat violations. If a tenant commits substantially the same violation within six months of receiving notice for the first instance, the landlord can terminate the lease with only seven days’ written notice (Tennessee Code Annotated Section 66-28-505(a)(2)(B)), usually without an opportunity to cure. For severe conduct, such as violent acts, threats to health or safety, or creating hazardous conditions, the landlord can terminate with just three days’ written notice (Tennessee Code Annotated Section 66-28-517(a)).3Justia Law. Tennessee Code § 66-28-517 (2024) – Termination by Landlord for Violence or Threats This three-day notice also applies if an unauthorized occupant refuses to leave.
Terminating periodic tenancies without fault requires different notice periods. For week-to-week tenancies, either party must give at least ten days’ written notice before the termination date (Tennessee Code Annotated Section 66-28-512(a)). For month-to-month tenancies, at least thirty days’ written notice is required before the periodic rental date specified as the termination date (Tennessee Code Annotated Section 66-28-512(b)).4Justia Law. Tennessee Code § 66-28-512 (2024) – Termination of Periodic Tenancy – Holdover Remedies
Serving the Eviction Notice
Proper delivery, or “service,” of the eviction notice is essential for the process to be legally valid in Tennessee. The method must comply with state law to ensure the tenant is considered properly informed. Under the URLTA, notices generally must be in writing. Tennessee Code Annotated Section 66-28-106 indicates written notice is given when mailed by registered or certified mail to the last known address or delivered to the location specified in the lease for receiving notices.
Other service methods are often recognized. Direct hand-delivery of the written notice to the tenant is acceptable. If the tenant is absent, affixing the notice securely to the tenant’s door or sliding it underneath may be permissible, though landlords should document such attempts. Keeping a copy of the served notice is crucial.
The lease agreement might specify particular service methods. Tennessee Code Annotated Section 66-28-106(b) requires parties to use the last known or designated address in the lease. If the lease mandates a specific method, like certified mail only, the landlord must follow it. Using multiple methods can reinforce proof of service.
Electronic communication is addressed in Tennessee Code Annotated Section 66-28-108, allowing notices under the URLTA via email if the tenant provided an email address in the lease. However, landlords cannot require an email address solely for this purpose. While email may suffice for some communications, landlords should verify its adequacy for formal eviction notices, given the traditional reliance on methods like certified mail or personal service for significant legal actions. Compliance with both statute and lease terms is fundamental.
Tenant Defenses and Responses
Tenants in Tennessee have potential legal defenses against eviction. The validity of an eviction often depends on the landlord’s strict adherence to procedures under state law, particularly the URLTA (Tennessee Code Annotated Title 66, Chapter 28) in applicable counties.
One defense involves challenging the eviction notice itself. If the notice lacks required information, such as the correct timeframe or a clear reason for eviction, or if it wasn’t served properly according to law or the lease, a tenant can argue it is defective.
Another defense relates to the grounds for eviction. If the claim is nonpayment, proof of payment within the notice period negates the claim. If based on a lease violation, evidence that the violation didn’t occur or was corrected (“cured”) within the allowed time (typically 14 days for remediable issues under Tennessee Code Annotated Section 66-28-505(a)(1)) can counter the landlord’s assertion. The landlord must prove the violation justifies termination.
Tennessee law prohibits retaliatory eviction under Tennessee Code Annotated Section 66-28-514. A landlord cannot evict, raise rent, or reduce services because a tenant exercised a legal right, such as requesting necessary repairs (under Tennessee Code Annotated Section 66-28-304), reporting code violations, or joining a tenants’ union. If eviction follows such actions, it may be presumed retaliatory, requiring the landlord to prove a legitimate reason.
The property’s condition can also be a defense. Landlords must maintain habitable premises (Tennessee Code Annotated Section 66-28-304).5Justia Law. Tennessee Code § 66-28-304 (2024) – Maintenance by Landlord If a landlord fails to make necessary repairs after proper notice, a tenant might argue this breach excuses their non-compliance (like withholding rent, following specific procedures) or use it as a counterclaim. This defense usually doesn’t apply if the tenant caused the condition.
Discrimination is an illegal basis for eviction. Terminating tenancy based on race, color, religion, sex, familial status, disability, or national origin violates federal and state fair housing laws (Tennessee Code Annotated Section 4-21-601). If a landlord accepts rent after knowing about a lease violation or after a notice to vacate expires, they might waive the right to evict for that specific breach (Tennessee Code Annotated Section 66-28-508), though waiver rules can be complex.
Filing in Court
If the required notice period expires without tenant compliance (e.g., paying rent or fixing a violation), the landlord must file an eviction lawsuit. In Tennessee, these Forcible Entry and Detainer actions are typically filed in the General Sessions Court of the county where the property is located (Tennessee Code Annotated Section 29-18-107).6Justia Law. Tennessee Code Title 29, Chapter 18 (2024) – Forcible Entry and Detainer Filing in Circuit Court is less common and has additional requirements.
The landlord initiates the case by filing a “Detainer Warrant” with the court clerk.7Blount County Tennessee Government. Detainer Warrant Form Example This document serves as the official complaint, detailing the landlord (plaintiff), tenant(s) (defendant(s)), property address, eviction reason, and the relief sought – usually possession and potentially back rent, damages, and costs (Tennessee Code Annotated Section 29-18-112, Section 29-18-125). A filing fee is required.
Once filed, the court issues the warrant, which must be officially served on the tenant. Proper service notifies the tenant of the lawsuit and court date. Tennessee Code Annotated Section 29-18-115 outlines service methods, typically involving the sheriff or a process server delivering the warrant personally.8Justia Law. Tennessee Code § 29-18-115 (2024) – Service of Warrant Service must usually occur at least six days before the hearing (Tennessee Code Annotated Section 29-18-117).9Justia Law. Tennessee Code § 29-18-117 (2024) – Time of Hearing – Service on Defendant
The Detainer Warrant specifies the court date, time, and location. Hearings are often scheduled relatively quickly. The landlord must present evidence at the hearing to prove their case for eviction before the judge.
Post-Filing Possession Process
If the General Sessions Court rules for the landlord, a judgment for possession is issued. This judgment does not permit immediate removal. Tennessee Code Annotated Section 29-18-126 imposes an automatic ten-day stay on executing the judgment, allowing time for appeal.10Justia Law. Tennessee Code § 29-18-126 (2024) – Judgment – Writ of Possession – Execution This period aligns with the timeframe for appealing to Circuit Court (Tennessee Code Annotated Section 27-5-108, Section 29-18-128).
If the tenant appeals within ten days, they typically must file a notice and post a bond (Tennessee Code Annotated Section 29-18-130(b)(2)).11Justia Law. Tennessee Code § 29-18-130 (2024) – Appeal – Bond Required This bond, often equal to a year’s rent, covers potential landlord costs and rent during the appeal if the tenant stays. Appeals in Circuit Court are “de novo,” meaning the case is retried (Tennessee Code Annotated Section 27-5-108(c)). If the tenant appeals but fails to post the bond, the landlord usually doesn’t need to post one to proceed with regaining possession (Tennessee Code Annotated Section 29-18-130(b)(2)(B)).
If ten days pass without an appeal, or if an appeal fails and possession wasn’t stayed by a bond, the landlord can ask the court clerk for a Writ of Possession.12UT County Technical Assistance Service. Writs of Restitution Authorized under Tennessee Code Annotated Section 29-18-126 and described in Section 29-18-127, this court order directs the county sheriff or constable to remove the tenant and restore possession to the landlord. The landlord pays a fee for the writ’s service and execution.
The sheriff’s department executes the Writ of Possession. Tennessee Code Annotated Section 29-18-130(a) requires the writ to be executed “immediately.” While local practices may vary, the statute doesn’t mandate a specific notice period from the sheriff before enforcement, beyond the initial ten-day stay. The sheriff oversees the removal and maintains peace; the landlord arranges for removing any remaining belongings and securing the property.
Regarding abandoned personal property, Tennessee Code Annotated Section 29-18-127(b) outlines a procedure.13Justia Law. Tennessee Code § 29-18-127 (2024) – Form of Writ – Disposition of Personal Property After removing the tenant, the landlord places the tenant’s belongings on the premises away from entrances and roadways. The property must remain undisturbed for 48 hours, after which the landlord may discard it. The landlord is generally not liable for the property unless malicious intent is proven (Tennessee Code Annotated Section 29-18-127(d)). This completes the legal process of regaining possession.
