Steps of the eviction process in Tennessee:
- Landlord serves tenant written notice.
- Landlord files complaint with court (if unresolved).
- Court holds hearing & issues judgment.
- Writ of possession is issued.
- Possession of property is returned to landlord.
Evicting a tenant in Tennessee can take around four to eight weeks, depending on the reason for the eviction and where the property is located. If tenants file an appeal, the process can take longer.
Grounds for an Eviction in Tennessee
In Tennessee, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms, violating health and safety codes, and illegal activity. Even so, proper notice must first be given before ending the tenancy.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 14 Days | Maybe |
| End of / No Lease | 30 Days | No |
| Lease Violation | 14 Days or 30 Days | Maybe |
| Material Health/Safety Violation | 3 Days | No |
| Illegal Activity | 3 Days | No |
The amount of notice depends on the county’s population. For counties with a population of 75,000 people or more, the eviction process is regulated under the Tennessee Uniform Residential Landlord Tenant Act (URLTA). For counties with a population of 75,000 people or fewer, the eviction process is regulated under the Tennessee Code. Additionally, the majority of the information in this article is subject to URLTA as Tennessee Code is quite limited on most landlord-tenant issues.
Eviction for Nonpayment of Rent
In Tennessee, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 14 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Tennessee 5 days after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the sixth of the month (if not paid in full). Tennessee has a legal grace period of 5 days, if the last day of the grace period is on a Sunday or legal holiday, rent must be paid the next business day.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In Tennessee, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease or Responsibilities
In Tennessee, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Tennessee Code or URLTA. Some violations allow the tenant to fix (“cure”) the issue to avoid removal and other violations do not allow the tenant to fix the issue (“incurable”) and must vacate immediately.
Tenant responsibilities include:
- Complying with all building and housing codes that materially affect health and safety.
- Keeping the premises clean and safe.
- Disposing of all rubbish, garbage, and other waste into receptacles.
- Not deliberately or negligently destroying, defacing, impairing or removing any part of the premises.
- Not disturbing the neighbor’s peaceful enjoyment of the premises.
Examples of lease violations:
- Not maintaining a certain level of cleanliness.
- Damaging the electrical wiring.
- Breaking a window.
Lease Violations Subject to URLTA
- Curable Violations. For counties with a population more than 75,000 people, landlords must follow the Tennessee Uniform Residential Landlord Tenant Act. If the violation is remediable by the cost of repairs, the landlord must give 14 days’ notice to correct the issue or vacate. The tenant has the option to fix the violation or move out.
- Subsequent Violation. If the same violation occurs within a 6-month period, the landlord may terminate the lease agreement with a 7 days’ notice to vacate. The tenant does not have the option to fix the violation and must move out.
- Incurable Violations. If the violation is not remediable by the cost of repairs, the landlord may provide a 14 days’ notice to vacate. The tenant does not have the option to fix the violation and must move out.
Lease Violations Subject to Tennessee Code
- Curable Violations. For counties with a population with fewer than 75,000 people, landlords must follow Tennessee Code. If the lease violation is damage beyond normal wear and tear, the landlord must give 14 days’ notice to correct the issue or vacate. The tenant has the option to fix the violation or move out.
- Subsequent Violations. If the same violation occurs within a 6-month period, the landlord may terminate the rental agreement with a 14 days’ notice to vacate. The tenant does not have the option to fix the violation and must move out.
- Incurable Violations. For all other lease violations (not including damage beyond normal wear and tear), landlords must provide tenants with a 30 days’ notice to vacate without the option to fix the issue.
Eviction for Material Health / Safety Violation
In Tennessee, a landlord can evict a tenant if they violate a health, building, safety, or housing code. To do so, landlords must give 3 days’ notice to vacate. The tenant does not have the opportunity to fix the issue and must move out.
Examples of material health and safety violations include:
- Letting trash pile up inside the rental unit.
- Providing a harbor for rodents or bugs.
- Falsifying a disability or a disability-related need for a service or support animal (for dwelling units that are under URLTA).
If the tenant remains on the property after the notice period expires, the landlord may file an eviction action with the court.
Eviction for Illegal Activity
In Tennessee, a landlord can evict a tenant for illegal activity. To do so, landlords must give 3 days’ notice to vacate. The tenant does not have the opportunity to fix the issue and must move out.
Illegal activity subject to URLTA includes:
- Engaging or promoting prostitution.
- Willfully or intentionally committing a violent act.
- Endangering or threatening to endanger the health, safety or welfare of others or their property.
- Allowing an unauthorized subtenant or occupant to live in the dwelling.
- Manufacturing, delivering, selling or possessing a controlled substance.
Illegal activity subject to Tennessee Code (counties with less than 75,000 people):
- Committing a violent act.
- Engaging in drug-related criminal activity.
- Behaving in a manner that threatens the life of the property or others.
- Allowing an unauthorized subtenant or occupant to live in the dwelling.
If the tenant remains on the property after the notice period expires, the landlord may proceed and file an eviction lawsuit.
Illegal Evictions in Tennessee
In Tennessee, any of the below is illegal. If found liable, the landlord could be required to pay the tenant actual damages sustained by the tenant, punitive damages, plus reasonable attorneys’ fees.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about a lease violation to the landlord.
- Pursuing a legal right to remedy lease violation issues.
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Tennessee by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Delivering it to the tenant in person.
- Mailing a copy to the tenant.
- Emailing the notice to the tenant (if it’s an agreed upon service method in the lease agreement).
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
14-Day Notice to Pay Rent or Quit (Nonpayment of Rent)
If a tenant is late on paying rent (full or partial) in Tennessee, the landlord can serve them a 14-Day Notice to Pay or Quit. This notice gives the tenant 14 judicial days to pay the entire remaining balance or vacate the premises.
This notice is applicable to all counties in Tennessee.
30-Day Notice to Quit (No Lease/End of Lease)
For a tenant with no lease or a month-to-month lease in Tennessee, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.
However, for tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 10 Days |
| Month-to-Month | 30 Days |
This notice applies to all counties in Tennessee.
14-Day Notice to Cure or Vacate (Curable Lease Violation)
In Tennessee, if a tenant commits a lease violation, the landlord can serve them a 14-Day Notice to Pay or Vacate. This eviction notice gives the tenant 14 calendar days to fix the issue or move out.
This notice is applicable to all counties in Tennessee.
14-Day Notice to Quit (Subsequent Lease Violation-Tennessee Code)
In Tennessee, if the same lease violation occurs within a 6-month period, the landlord can serve them a 14-Day Notice to Quit. This eviction notice gives the tenant 14 calendar days to move out without the chance to fix the issue.
This notice is applicable to counties with 75,000 people or fewer.
7-Day Notice to Quit (Subsequent Lease Violation- URLTA)
In Tennessee, if the lease violation occurs within a 6-month period, the landlord can serve them a 7-Day Notice to Quit. This eviction notice gives the tenant 7 calendar days to move out without the chance to fix the issue.
This notice is applicable to counties with 75,000 people or more.
14-Day Notice to Quit (Irremediable Lease Violation-URLTA)
In Tennessee, if the tenant commits a lease violation (other than damaging the rental unit beyond normal wear and tear), the landlord can serve them a 14-Day Notice to Quit. This eviction notice gives the tenant 14 calendar days to move out without the chance to fix the issue.
This notice is applicable to counties with 75,000 people or more.
30-Day Notice to Quit (Irremediable Lease Violation- Tennessee Code)
In Tennessee, if the tenant commits a lease violation (other than damaging the rental unit beyond normal wear and tear) the landlord can serve them a 30-Day Notice to Quit. This eviction notice gives the tenant 30 calendar days to move out without the chance to fix the issue.
This notice is applicable to counties with 75,000 people or fewer.
3-Day Notice to Quit (Health & Safety Violation)
In Tennessee, if the tenant violates a material health and safety code, the landlord can serve them a 3-Day Notice to Quit. This eviction notice gives the tenant 3 calendar days to move out without the chance to fix the issue.
This notice is applicable to all counties in Tennessee.
3-Day Notice to Quit (Illegal Activity)
In Tennessee, if the tenant commits an illegal activity, the landlord can serve them a 3-Day Notice to Quit. This eviction notice gives the tenant 3 calendar days to move out without the chance to fix the issue.
This notice is applicable to all counties in Tennessee.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Tennessee landlords must file a complaint in the appropriate court. Filing fees may vary.
The summons and complaint may be served on the tenant by the sheriff, constable, or a private process server prior to the hearing through one of the following methods:
- Giving a copy to the tenant (or anyone else on the rental property) in person;
- Posting a copy in a conspicuous place on the rental unit six days prior to the hearing AND mailing a copy via regular mail; or
- Mailing a copy via certified mail.
Step 3: Court Holds Hearing & Issues Judgment
The eviction hearing must be held at least six days after the summons and complaint are served on the tenant. However, either party can request a 15-day postponement.
If the tenant fails to appear for the hearing, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant will have to move out.
If the judge rules in favor of the landlord, a writ of possession will be issued and the eviction process will continue.
If tenants file an appeal, this will add more time to the process.
Step 4: Writ of Possession is Issued
The writ of possession is the tenant’s final notice to leave the rental unit, and gives them the opportunity to remove their belongings before law enforcement officials return to the property to forcibly remove the tenant.
The writ of possession cannot be issued until 10 days after the ruling in favor of the landlord. This gives tenants time to file an appeal if they wish.
Step 5: Possession of Property is Returned
Once law enforcement officials receive the writ of possession, they must remove tenants from the rental unit immediately. There is no grace period under Tennessee law.
Tennessee Eviction Process Timeline
In Tennessee, an eviction can be completed in 4 to 8 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Tennessee eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3-30 Calendar Days |
| Court Issuing/Serving Summons | 6 Business Days |
| Court Ruling | 6 Business Days |
| Court Serving Writ of Possession | 10 Business Days |
| Final Notice Period | Immediately |
Flowchart of Tennessee Eviction Process
For additional questions about the eviction process in Tennessee, please refer to the official legislation, Tennessee Code § 66-7, and the Tennessee Uniform Residential Landlord Tenant Act §66-28 and § 66-28-405, for more information.
Sources
- 1 TN Code §66-28-505 (2019)
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(a)(2) If the breach for which notice was given in subdivision (a)(1) is remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that if the breach is not remedied within fourteen (14) days after receipt of such notice, the rental agreement shall terminate, subject to the following…
- 2 TN Code § 66-7-109 (2021)
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1. Except as provided in this section, fourteen (14) days’ notice by a landlord shall be sufficient notice of termination of tenancy for the purpose of eviction of a residential tenant, if the termination of tenancy is for one of the following reasons:
A. Tenant neglect or refusal to pay rent that is due and is in arrears, upon demand…
g. Nothing in this section shall apply to rental property located in any county governed by the Uniform Residential Landlord and Tenant.
- 3 TN Code §66-28-201 (2019)
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(d) There shall be a five-day grace period beginning the day the rent was due to the day a fee for the late payment of rent may be charged…If the last day of the five-day grace period occurs on a Sunday or legal holiday, as defined in § 15-1-101, the landlord shall not impose any charge or fee for the late payment of rent; provided, that the rent is paid on the next business day.
- 4 TN Code §66-28-512 (2019)
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(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten (10) days prior to the termination date specified in the notice. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the periodic rental date specified in the notice.
- 5 TN Code §66-28-505 (2021)
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If the breach… is remediable by…the cost of repairs, damages…the landlord may inform the tenant that if the breach is not remedied within fourteen (14) days after receipt of such notice, the rental agreement shall terminate…
B. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least seven (7) days’ written notice specifying the breach and the date of termination of the rental agreement. - 6 TN Code § 66-28-505 (2021)
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3. If the breach for which notice was given in subdivision (a)(1) is not remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that the rental agreement shall terminate upon a date not less than fourteen (14) days after receipt of the notice.
- 7 TN Code §66-7-109 (2021)
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1.Except as provided in this section, fourteen (14) days’ notice by a landlord shall be sufficient notice of termination of tenancy for the purpose of eviction of a residential tenant, if the termination of tenancy is for one of the following reasons:
B. Damage beyond normal wear and tear to the premises by the tenant, members of the household, or guests..
2. If the notice of termination of tenancy is given for one of the reasons set out in subdivision (a)(1)(A) or (a)(1)(B) and the breach is remediable by repairs or the payment of rent or damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice from the landlord, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least fourteen (14) days’ written notice specifying the breach and the date of termination of the rental agreement. - 8 TN Code § 66-7-109 (2021)
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b. For all other defaults in the lease agreement, a thirty (30) day termination notice from the date such notice is given by the landlord shall be required for the purpose of eviction of a residential tenant.
- 9 TN Code § 66-7-109 (2021)
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d. Notwithstanding § 66-7-107 or this section to the contrary, three (3) days’ notice by a landlord is sufficient notice of termination of tenancy to evict a residential tenant… 1. Behaves in a manner that constitutes or threatens to be a real and present danger to the health, safety, or welfare of the life or property of other tenants, the landlord, the landlord’s representatives, or other persons on the premises.
- 10 TN Code §66-28-517 (2019)
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1. …may terminate a rental agreement within three (3) days from the date written notice is received…if the tenant… (3) Creates a hazardous or unsanitary condition on the property that affects the health, safety or welfare or the life or property of other tenants or persons on the premises; or (4) Refuses to vacate the premises after entering the premises as an unauthorized subtenant or other unauthorized occupant.
- 11 TN Code §66-28-505 (2019)
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(f)(1) It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant: (A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or (B) Provides documentation under § 66-28-406(c) that falsely states an animal is a service animal or support animal.
- 12 TN Code §66-28-517 (2019)
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A landlord may terminate a rental agreement within three (3) days from the date written notice is received …if the tenant… (1) Willfully or intentionally commits a violent act; (2) Behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other tenants or persons on the premises…(3) Creates a hazardous or unsanitary condition on the property that affects the health, safety or welfare or the life or property of other tenants or persons on the premises; or (4) Refuses to vacate the premises after entering the premises as an unauthorized subtenant or other unauthorized occupant.
- 13 TN Code § 66-7-109 (2021)
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Notwithstanding § 66-7-107 or this section to the contrary, three (3) days’ notice by a landlord is sufficient notice of termination of tenancy to evict a residential tenant…1. Commits a violent act;2. Engages in any drug-related criminal activity…f. Three-days’ notice by a landlord is sufficient notice of termination of tenancy for the purpose of eviction of an unauthorized subtenant or other unauthorized occupant, if the termination of tenancy is for refusal by the unauthorized subtenant or other unauthorized occupant to vacate the premises.
- 14 TN Code §66-28-504 (2019)
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If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting essential services as provided in the rental agreement to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover actual damages sustained by the tenant, and punitive damages when appropriate, plus a reasonable attorney’s fee. If the rental agreement is terminated under this section, the landlord shall return all prepaid rent and security deposits.
- 15 TN Code §66-28-514 (2019)
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(a) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession because the tenant:
(1) Has complained to the landlord of a violation under § 66-28-301; or
(2) Has made use of remedies provided under this chapter. - 16 TN Code §66-28-101 (2019)
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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…
- 17 TN Code §29-18-115 (2019)
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(a)(1) In commencing an action under this chapter, summons may be served upon any adult person found in possession of the premises, which includes any adult person occupying the premises…
- 18 TN Code §29-18-115 (2019)
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(b) …service of process may be made by the plaintiff, the plaintiff’s attorney, or the plaintiff’s agent, in lieu of subsection (a), by lodging the original summons and a copy certified by the clerk with the sheriff or constable of the county in which suit is brought, who shall promptly send postage prepaid a certified copy by certified return receipt mail to the individual…
- 19 TN Code §29-18-117 (2019)
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The officer serving the warrant shall notify the defendant of the time and place of trial, the time not to be less than six (6) days from the date of service.
- 20 TN Code §29-18-118 (2019)
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The general sessions judge may, at the request of either party, and on good reason being assigned, postpone the trial to any time not exceeding fifteen (15) days…
- 21 TN Code §29-18-126 (2019)
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No execution or writ of possession shall issue against the defendant upon any judgment, under this chapter, until after the lapse of ten (10) days from the rendition of the judgment.
- 22 TN Code §29-18-130 (2019)
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(a) When judgment is rendered in favor of the plaintiff, in any action of forcible entry and detainer, forcible detainer, or unlawful detainer, brought before a judge of the court of general sessions, and a writ of possession is awarded, the same shall be executed and the plaintiff restored to the possession immediately.
