Evicting a tenant in Tennessee can take around 4 to 8 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
- Illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 14 Days | Maybe |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation | 10 Days or 30 Days | Maybe |
| Material Health or Safety Violation | 3 Days | No |
| Illegal Activity | 3 Days | No |
In Tennessee, notice requirements are determined by statute, which is contingent on the county’s population. For counties with a population more than 75,000 people, the Tennessee Uniform Residential Landlord-Tenant Act (URLTA). For counties with a population less than 75,000, the Tennessee code determines notice requirements.
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 month and is considered late in Tennessee 5 days after its due date. 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.
If rent is due on February 1st, it will be considered late starting on February 2nd, unless the lease specifically states there is a grace period.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
End of Lease or No Lease
In Tennessee, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, they must first terminate the tenancy by giving a proper 30-days’ notice to move out.
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Lease Violations
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 the issue to avoid removal and other violations do not allow the tenant to fix the issue and must vacate immediately.
Examples of lease violations:
- Not maintaining a certain level of cleanliness
- Damaging the electrical wiring
- Breaking a window
- Causing disturbances to other residents
Lease Violations Subject To URLTA
Violations of the URLTA may be curable or incurable. For curable issues, the landlord must give 14 days’ notice to correct the issue or vacate. If the same violation occurs within a 6-month period, the landlord may terminate the lease with a 7 days’ notice to vacate.
For incurable violations under the URLTA, the landlord must provide a 14 days’ notice to vacate. The tenant will not have the option to fix the violation and must move out.
Lease Violations Subject To Tennessee Code
Violations of the Tennessee Code may be curable or incurable. For curable issues, the landlord must give 14 days’ notice to correct the issue or vacate. If the same violation occurs within a 6-month period, the landlord may terminate the lease with a 14 days’ notice to vacate.
For incurable violations under the Tennessee Code, the landlord must provide a 30-days’ notice to vacate. The tenant will not have the option to fix the violation and must move out.
Material Health or Safety Violations
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
If the tenant remains on the property after the notice period expires, the landlord may file an eviction action with the court.
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 include:
- 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, there are a few different types of evictions that are 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
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.
In Tennessee, all evictions follow the same process:
- Landlord serves tenant written notice of violations
- Landlord files complaint with court for unresolved issues
- Court holds a hearing a issues a judgment
- Writ of possession is issued
- Possession of property is returned to landlord
Step 1: Landlord Serves Notice To Tenant
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. Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
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 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 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 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 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 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 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 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 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
- Mailing a copy via certified mail
If the summons and complaint are served by posting and mailing via first class mail, they must be served 6 days prior to the hearing.
Step 3: Court Holds Hearing and Issues Judgment
The eviction hearing must be held at least 6 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.
The eviction hearing will be held at least six days after the summons is served on the tenant.
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.
The writ will be issued 10 days after the ruling in favor of the landlord.
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.
The tenant must move out immediately once they are given the writ of possession.
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
Tennessee Eviction Court Fees
The cost of an eviction in Tennessee for all filing, court, and service fees can vary based on service fees. For cases filed in Circuit Court (for claims less than $25,000), the average cost is $351. Cases can also be filed in General Sessions Court (for claims up to $25,000) the average cost of an eviction is $187.
| Fee | Circuit | General Sessions |
| Initial Court Filing | $225 | $42 |
| Summons Service | ~$40 | ~$40 |
| Writ of Possession Issuance | $6 | $25 |
| Writ of Possession Service | $40 | $40 |
| Writ of Restitution Execution | $40 | $40 |
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.
- 23 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.
