Outline of the Eviction Process in Tennessee

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: Tenn. Code Ann. § 66-28-101 to § 66-28-705 (Uniform Residential Landlord and Tenant Act, URLTA, in counties over 75,000); § 29-18-101 to § 29-18-134 (Forcible Entry and Detainer).

2. Notice to Quit

• Written notice served:
  • Non-payment: 14-day notice to pay or vacate.
  • Lease violation: 14-day notice to cure or vacate (if curable); 3-day for non-curable or repeat violations.
  • Month-to-month: 30-day notice to terminate.
  • No-fault/end of lease: 30-day notice.
  • Illegal activity: 3-day notice to vacate (no cure).
  • Holdover: 14-day notice to vacate.
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent (within 14 days) or fixing violation (within 14 days).

3. Filing the Eviction Case

• File Detainer Warrant in General Sessions Court; Circuit Court for appeals or complex cases.
• Documents: Warrant, Notice to Quit, lease, proof of service, non-military affidavit.
• Fee: ~$100–$200 (varies by county).
• Timing: After notice period expires (e.g., 15th day for 14-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or process server serves papers 6 days before hearing.
• Methods: Personal delivery, left with resident (age 18+), or posted and mailed.
• Tenant must appear at hearing; no written Answer required.

5. Court Hearing

• Held 6–14 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (rare).

6. Judgment and Execution

• Writ of Possession if landlord wins.
• Appeal: 10 days to Circuit Court (requires bond).
• Writ issued: ~10–14 days post-judgment; sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: Tenn. Code Ann. § 29-18-130.

8. Tenant Protections

• Rights:
  • Cure violations (14 days, URLTA counties), defenses (retaliation, discrimination, habitability in URLTA areas).
  • No self-help evictions (landlord penalties up to 2 months’ rent or actual damages in URLTA counties).
• Resources:
  • Legal Aid Society of Middle Tennessee (800-238-1443), las.org, tn.gov.

Notes

• Disclaimer: General guide; consult a lawyer. URLTA applies in populous counties.
• Sources: Tenn. Code Ann. § 66-28-101 to § 66-28-705, § 29-18-101 to § 29-18-134; tn.gov/courts; las.org.