A Tennessee 30 Day Notice To Quit evicts a tenant in a non-URLTA location for an incurable lease violation, such as disturbing the peace and enjoyment of others. The tenant is not given an opportunity to take corrective action, and must move out within thirty (30) calendar days of receiving notice.
When To Use a Tennessee 30 Day Notice To Quit
A Tennessee 30 Day Notice To Quit begins when the tenant has committed an incurable lease violation other than a violent act or criminal activity on the premises, in Non-URLTA counties. This means a lease violation that cannot be fixed through corrective action, such as leasing to a subtenant without permission or causing major property damage.
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 30 Day Notice To Quit
To help ensure the legal compliance of a Notice To Quit:
- Use the full name of the receiving party, and address of record, if known
- Specify the basis upon which the tenancy will terminate
- Specify the termination date of the lease or 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 30 Day Notice To Quit
Tennessee landlords in a non-URLTA county do not have strict legal requirements for delivery of notice. In general, however, courts will expect similar standards as those which apply in URLTA jurisdictions:
- Hand delivery to the tenant
- Delivery by mail
Delivery of notice usually must be to the tenant’s last known address, or address of record.
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 § 66-7-109
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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.
Source Link - 2 Tenn. Code § 66-28-106
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Source Link
(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 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 - 4 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 - 5 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.