How to Handle Evictions for Non-Payment in Tennessee

Evicting a tenant for non-payment in Tennessee is a legal process that requires adherence to specific laws and regulations. Understanding the steps involved can help landlords navigate the situation efficiently. Below are the necessary steps to handle evictions for non-payment in Tennessee.

1. Understand Tennessee's Eviction Laws

Before initiating the eviction process, landlords should familiarize themselves with Tennessee’s landlord-tenant laws. The key laws governing evictions can be found in the Tennessee Code Annotated Title 66, Chapter 28. Knowing your rights and responsibilities, as well as those of your tenant, is crucial.

2. Provide Written Notice to the Tenant

In Tennessee, landlords are required to give tenants a written notice of non-payment. This is typically a 14-day notice to pay rent or vacate the property. The notice should clearly state the amount owed and specify a deadline by which the tenant must either pay the overdue rent or move out. Properly documenting this notice is essential, as it serves as a legal record of your attempt to resolve the issue before proceeding with eviction.

3. File an Unlawful Detainer Action

If the tenant fails to pay the rent or vacate the premises by the end of the 14-day notice, the next step is to file an unlawful detainer action in your local General Sessions Court. This legal action formally begins the eviction process. When filing, you will need to provide the court with the completed forms, any relevant documentation (including the notice given to the tenant), and the required filing fee.

4. Attend the Court Hearing

After filing the unlawful detainer action, the court will schedule a hearing. Both the landlord and the tenant will receive notice of the date and time. It is essential to attend the hearing prepared with all necessary documents, including the lease agreement, payment history, and any correspondence with the tenant. Presenting a well-organized case increases your chances of a favorable outcome.

5. Obtain a Judgment

If the court rules in your favor, you will receive a judgment that orders the tenant to vacate the property. This judgment may also include the amount owed in back rent and, potentially, additional damages. If the tenant still does not leave, you may need to take further steps to enforce the eviction.

6. Coordinate with Local Law Enforcement

If a tenant refuses to leave after the court’s judgment, the landlord can request a warrant for removal from the court. This warrant allows law enforcement to assist with the eviction. It’s important to follow this legal procedure, as attempting to forcibly remove a tenant without a court order can result in legal consequences.

7. Secure the Property

Once the tenant has vacated the premises, take the time to inspect the property for any damage. Document any damages with photographs and itemized lists. This documentation will be helpful if you need to pursue claims for repair costs against the tenant's security deposit or in a small claims court.

8. Return the Security Deposit

Following the eviction, you must handle the returned security deposit according to Tennessee law. If you have reasons to withhold part or all of the deposit due to damages or unpaid rent, you must provide the tenant with an itemized list of deductions within 30 days.

Evictions can be complicated and emotionally challenging for both landlords and tenants. However, by following the proper legal procedures in Tennessee, landlords can navigate the process efficiently and protect their rights.