A Tennessee Immediate Notice To Vacate is a letter which complies with state legal requirement to begin eviction against a tenant for engaging in or promoting prostitution, or manufacturing or selling illegal drugs. The tenant is not given an opportunity to take corrective action, and must move out immediately upon receiving notice.
When To Use a Tennessee Immediate Notice To Vacate
A Tennessee Immediate Notice To Vacate begins eviction against a tenant in all locations, both URLTA and Non-URLTA, for the following tenant violations:
- Engagement in or promotion of prostitution
- Manufacture, distribution, or sale of illegal drugs
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 Immediate Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- 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 Immediate Notice To Vacate
Tennessee landlords may deliver a Notice To Vacate on a day when the courthouse is open to file for eviction immediately, but this is not a legal requirement. A landlord may deliver this notice 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.
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:*:
- 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 § 66-7-107
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An occupant’s tenancy may be terminated where the premises or the area immediately surrounding the premises is knowingly used or occupied in whole or in part to violate § 39-13-513, § 39-13-515 or § 39-17-417, (Prostitution or distributed/sold drugs).
Source Link - 2 Tennessee Court Rules of Civil Procedure - Rule 4.04
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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.
Source Link - 3 Tennessee Court Rules of Civil Procedure - Rule 6.05
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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.
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 Assistance - 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.