The Tennessee thirty (30) day termination letter, in regards to Statute 66-28-512(b), may be used by a landlord to notify a tenant that their lease is being terminated. The landlord does not need a specific reason to terminate the lease agreement (as long as the reason is not in discrimination/retaliation of the tenant). The termination letter provides the tenant with 30 days to vacate the rental unit. After the 30 day window has passed (and the tenant has failed to move out), the landlord can file an eviction lawsuit in the Circuit/General Sessions Court in the county of the rental property.
Tenneessee Eviction Process & Laws | Free TN Eviction Notices
The Tennessee thirty (30) day notice to cure or vacate, in regards to Statute 66-7-109(b), is the notice used to inform a tenant of their noncompliance with the lease agreement. If the tenant does not cure the violation(s) or move out of the rental unit by the end of the 30th day of the notice period, the landlord has the right to file an eviction lawsuit in court. Note: If the tenant has committed the same violation(s) within the past six (6) months, the landlord can serve them a 14 day notice to quit. Download/Print: .PDF How to Write Step
The Tennessee fourteen (14) day notice to pay or quit, in association with § 66-7-109, is used when a tenant has failed to pay rent. The full notice period is actually 30 days, however the tenant must pay the past due amount of rent within 14 days of receiving the notice (otherwise they must vacate the rental period within 30 days). If the tenant does not pay rent within the 14 day period, the landlord must wait until the end of the 30 day period to file an eviction action in court. Note: In counties operating under URLTA (Uniform Residential Landlord
The Tennessee three (3) day notice to vacate, violation due to Statute 66-7-109(d), can only be used when a tenant has severely damaged the rental property, committed a violent act on the premises, or “engaged in any drug-related criminal activity.” This notice gives the tenant 3 days (from the date of service) to vacate the rental unit. If the tenant does not move out of the property by the end of the third (3rd) day, the landlord can file an eviction action in court. Note: If you’re unsure of whether you can use this eviction notice, it is recommended to
The Tennessee immediate notice to vacate, for a violation in accordance with Statute 66-7-107. How to Write
How to Evict a Tenant (Process)
The only way to evict a tenant in the State of Tennessee is by obtaining a court order (“self-help” evictions are illegal). Before filing an eviction suit (often times referred to as a “Forcible Entry and Detainer”), the landlord must serve the tenant with a written eviction notice (the notice cannot be verbally given to the tenant). There are five main kinds of eviction notices that can be used (1. the 14 day notice to pay*, 2. the 3 day notice to vacate for illegal behavior, 3. the 30 day termination notice for month-to-month tenancies, 4. 30 day notice to cure, 5. the immediate notice to quit for prostitution/drug activity).
Note: Certain counties in Tennessee have different notice requirements due to the Uniform Residential Landlord & Tenant Act (URLTA). Anderson, Blount, Bradley, Davidson, Hamilton, Madison, Montgomery, Shelby, Sumner and Knox counties all adhere to URLTA guidelines. URLTA counties require a 30 day notice for nonpayment of rent (as well as lease violations).
*If the lease agreement does not explicitly state the notice period for nonpayment of rent, the standard is 30 days.
Step 1 – The tenant must be served the proper eviction notice. Acceptable forms of service include personal delivery, posting the notice on the premises of the rental unit, leaving the notice with a resident of the unit, or sending it via certified mail.
Step 2 – Allow the tenant the full notice period to pay the past due rent/cure the violation(s)/vacate the unit. If the tenant does not comply with the notice within the specified time frame, an eviction lawsuit can be filed.
Step 3 – File a “Detainer Summons” (eviction action) in the Circuit Court where the rental property is located. If the rental property is not personally owned, a lawyer may have to file the action. After the action has been filed, the Sheriff will serve a copy of the Summons to the tenant. The tenant will be required to file a written answer (to the Complaint) within 6 days of being served. If the tenant does not file an answer, they will most likely lose the case by default and be ordered to vacate the rental unit.
Note: The filing/service fee is typically $100.
Step 4 – If the tenant is found guilty of forcible entry and detainer (or unlawful detainer), the Judge will order them to vacate the rental property within 10 days. If the tenant fails to move out within the 10 day period, a “Writ of Possession” must be filed. After paying the filing fee, the clerk will send a copy to the Sheriff, who will then supervise the eviction (physically removing the tenant if necessary).