A Tennessee 3 Day Notice of Termination is a letter which complies with state legal requirements to begin eviction against a tenant for an “incurable” (non-correctable) violation, in places governed by the state Uniform Residential Landlord and Tenant Act (URLTA). The tenant must move out within three (3) judicial days (i.e., not counting weekends or legal holidays) of receiving notice.
When To Use a Tennessee 3 Day Notice of Termination
A Tennessee 3 Day Notice of Termination begins the eviction process, in URLTA counties, for the following tenant violations:
- Health and safety violations
- Endangering the health or safety of other persons
- Willful or intentional violent acts
- Allowing an unauthorized subtenant or occupant to reside on the premises
Some types of Tennessee lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Tennessee 3 Day Notice of Termination
To help ensure the legal compliance of a Notice of Termination:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Tennessee 3 Day Notice of Termination
Tennessee landlords may deliver a Notice of Termination using any of these methods:
- Hand delivery to the tenant
- Delivery by mail
- 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. By law, a landlord must deliver this notice on a judicial day (i.e., a day when the courthouse is open), so that the tenant has an opportunity to respond immediately.
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 – applies in ALL Tennessee counties
- Tennessee Property Code Chapter 28 – also called the Uniform Residential Landlord Tenant Act (URLTA), only applies in Tennessee counties with a population over 75,000 (as of 2010 Census data)
URLTA laws apply in addition to Chapter 7. Some laws in Chapter 7 do not apply to URLTA counties, and some URLTA laws override the basic Chapter 7 protections.
Tennesee’s URLTA applies in these counties:*:
- 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(a)
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A landlord may terminate a rental agreement within three (3) days from the date written notice is received by the tenant if the tenant or any other person on the premises with the tenant’s consent:
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- Willfully or intentionally commits a violent act;
- 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;
- 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
- Refuses to vacate the premises after entering the premises as an unauthorized subtenant or other unauthorized occupant.
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- 2 Tenn. Code § 66-28-106
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(a) Either party has notice of a fact if such person:
(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.
- 7 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.
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