ATennessee 3 Day Notice of Terminationis 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 other party
Hand delivery to a person of suitable age on the property who can accept the notice on behalf of the other party, PLUS delivery by mail
Delivery by electronic form (e.g., email or online tenant portal), only if the parties have agreed to this form of notice in writing
To account for variable delivery times, mailed notice extends the notice period by three (3) calendar days. 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.
In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.
URLTA vs 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:*:
* This list is subject to change in the future based on federal census data collected every ten years.
Upon an individual other than an unmarried infant or an incompetent person, by delivering a copy of the summons and of the complaint to the individual personally, or if he or she evades or attempts to evade service, by leaving copies thereof at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, whose name shall appear on the proof of service, or by delivering the copies to an agent authorized by appointment or by law to receive service on behalf of the individual served.
Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon such party and the notice or paper is served upon such party by mail three (3) days shall be added to the prescribed period.
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.
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.
Which 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.
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.