In Tennessee, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Tennessee?
In Tennessee, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Tennessee?
In Tennessee, most lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 14 Day Notice To Quit, the eviction notice used for tenants that do not pay rent in full and on time, a landlord can serve notice when any portion of the rent remains unpaid, beginning the day after it’s normally due. There is no legal grace period for paying rent in Tennessee.
For a 3 Day Notice of Termination, the eviction notice used for tenants that commit a violent act on the premises, landlords use this notice in locations governed by the Tennessee Uniform Residential Landlord and Tenant Act (URLTA). In accordance with state law, landlords must serve this notice on a judicial day (not counting weekends or legal holidays), so that tenants have immediate access to the courthouse.
For an Immediate Notice to Vacate, the eviction notice used for tenants that engage in prostitution or the business of illicit drugs, a landlord can deliver the notice on any day. However, landlords may choose to serve the notice on a judicial day in order to begin eviction proceedings immediately, but this is not required by law.
Acceptable Forms of Service in Tennessee
Tennessee landlords may deliver a lease termination notice using any of these methods:
- Hand delivery to the tenant
- Delivery by mail
- (URLTA lease agreements only) Electronic delivery (e.g. email or through an online portal), if the receiving party has agreed in writing to this form of notice
Notice must be delivered to the tenant’s last known address or address of record. Agreement to accept electronic notice cannot be a requirement for entering into a lease.
Tennessee does allow limited cases where a non-written (e.g., verbal) lease termination notice may be legally valid. However, only dated, written notice with a certificate of service is proof positive of a proper and legal delivery.
Obtaining Proof of Service in Tennessee
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Mail – via return receipt and by completing a Declaration of Service at the time of delivery
- Electronic Service – via electronic record and by completing a Declaration of Service
Tennessee Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 14 Day Notice To Quit | Eviction for Unpaid Rent |
| 14 Day Notice To Comply or Vacate | Eviction for Lease Violation
(Non-URLTA)* |
| 14 Day Notice To Comply | Eviction for Lease Violation
(URLTA)* |
| 7 Day Notice To Vacate | Eviction for Repeat Lease Violation
(URLTA)* |
| 14 Day Notice To Vacate | Eviction for Repeat Lease Violation
(Non-URLTA)* |
| 3 Day Notice of Termination | Eviction for Violent Act / Health or Safety
(URLTA)* |
| 3 Day Notice To Vacate | Eviction for Violent Act / Criminal Activity
(Non-URLTA)* |
| Immediate Notice To Vacate | Eviction for Illegal Activity |
| 30 Day Notice To Quit | Eviction for Lease Violation
(Non-URLTA)* |
| 10 Day Notice To Vacate | Ending a Weekly Lease |
| 30 Day Notice To Vacate | Ending a Monthly / Yearly Lease |
| 60 Day Notice To Vacate | Non-Renewal of Lease (Davidson County) |
URLTA versus Non-URLTA Counties in Tennessee
*In Tennessee, depending on the county the property is located in, landlords and tenants are governed by one or both of the following sets of laws:
- Tennessee Property Code Chapter 7 – laws that apply in ALL counties in Tennessee.
- Tennessee Property Code Chapter 28 – known as the Uniform Residential Landlord Tenant Act (URLTA), laws that only apply in Tennessee counties with a population over 75,000 (as of 2010 Census data).
Chapter 28 laws exist to give additional protections to landlords and tenants above and beyond those stated in Chapter 7.
For counties where the URLTA applies, these laws apply in addition to Chapter 7. However, some laws in Chapter 7 explicitly do not apply to URLTA counties, and some laws in Chapter 28 override the laws stated in Chapter 7. Therefore, it’s important to know if a property is located in a URLTA applicable county, or a non-URLTA applicable county.
URLTA applicable counties include*:
- Anderson
- Blount
- Bradley
- Davidson
- Greene
- Hamilton
- Knox
- Madison
- Maury
- Montgomery
- Rutherford
- Sevier
- Shelby
- Sullivan
- Sumner
- Washington
- Williamson
- Wilson
* This list is subject to change in the future based on federal census data collected every ten years.
Sources
- 1 TN Code § 66-28-517
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Upon receipt of such written notice, the tenant shall be entitled to immediate access to any court of competent jurisdiction for the purpose of obtaining a temporary or permanent injunction against such termination by the landlord.
Source Link - 2 Tenn. Code § 66-28-106
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(a) Either party has notice of a fact if such person:Source Link
(1) Has actual knowledge of it; or (2) Has been given written notice. (b) All parties must give written notice to the last known or designated address contained in the lease agreement. - 3 Tenn. Code § 66-28-108
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If the tenant provides an electronic mail address in the rental agreement, any notification required to be sent to the tenant pursuant to this chapter may be made by the landlord through electronic notification to such mail address, unless a provision in this chapter requires a specific form of notification other than electronic notification; provided, however, that the landlord shall not require the tenant to provide an electronic mail address as a condition of entering into a rental agreement.
Source Link - 4 TN Code § 66-28-102
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Uniform Residential Landlord and Tenant Act: This chapter applies only in counties having a population of more than seventy-five thousand (75,000), according to the 2010 federal census or any subsequent federal census.
Source Link - 5 TN Code § 66-7-109
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Nothing in this section, Chapter 7, shall apply to rental property located in any county governed by the Uniform Residential Landlord and Tenant.
Source Link - 6 Tennessee Legal Services - Help for Renters
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What is the Uniform Residential Landlord-Tenant Act (URLTA)?
URLTA, sometimes called the Landlord-Tenant Act, is a law that places additional responsibilities on landlords in urban counties. These Responsibilities include providing safe and healthy rentals to their tenants.
Source LinkWhich counties does URLTA apply to?
URLTA applies to counties in Tennessee that have a population of more than 75,000 residents. Currently, the only counties covered by URLTA are Anderson, Blount, Bradley, Davidson, Hamilton, Knox, Madison, Maury, Montgomery, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson, and Wilson.
