As a residential landlord, understanding how Tennessee eviction law works is crucial for protecting yourself and your property. The eviction process varies by county and depends on the terms of the rental agreement signed by both the landlord and the tenant. For example, a landlord in East Tennessee may follow a different procedure than one in Middle Tennessee. Having a comprehensive understanding of your rights, along with keeping meticulous records and undergoing a thorough tenant screening, can help you avoid this difficult situation and provide invaluable support in an eviction case.
Every Tennessee landlord and their tenant should thoroughly read through the lease, clarifying any questions before signing. The lease is often the key to winning or losing an eviction lawsuit. The tenant eviction process can take a long time, so it's important to be patient and know your rights. If possible, it's always best to try to avoid eviction proceedings and settle with the tenant outside of court.
Maintaining respectful and positive tenant/ landlord relations will make the eviction process easier, saving time, money, and frustration. Let's explore the 2025 Tennessee eviction laws and how they impact residential landlords and their tenants.
Understanding the Tennessee Eviction Process: When to Evict
Under Tennessee Code § 66-7-109, a landlord can begin the eviction process on a tenant for numerous reasons, most of which must be clearly stated in the rental agreement. The first step is to provide an eviction notice, called a Notice to Quit. The amount of time the tenant has to vacate the property after receiving their notice depends on the reasoning for the eviction. Every eviction notice must comply with The Uniform Residential Landlord and Tenant Act of Tennessee and be given to the tenant before beginning an eviction lawsuit.
As part of the eviction Notice to Quit, there must be a clear statement showing how long the tenant can stay on the property before facing legal action and an eviction hearing in a court of law. Additionally, it must also state what terms the tenant has violated. It's important to note that regardless of the violation, no landlord can pursue a self-help eviction as it's considered disorderly conduct and is illegal. Under the Tennessee Code, there's multiple reasons why a landlord may begin the eviction process against a residential tenant. As a landlord, knowing what's in the rental agreement is crucial so you can identify any lease violation quickly.
How Much Notice Must a Landlord Give Before Starting the Eviction Process?
Non-Payment or Failure to Pay Rent
By far, the most common reason for starting the eviction process is a failure to pay rent. Tennessee eviction laws are very clear that a landlord has the right to evict a tenant for not paying their rent when it's due. A tenant has up to five days past the due date to make a rent payment before it's considered late. So, for example, if the payment is due on the 20th, they have until the 25th to catch up. However, if the lease agreement provides for an extended grace period for rent periods, the length of time may be longer.
Before starting an eviction lawsuit for unpaid rent, the landlord must provide a 14-Day Notice to Pay to the tenant. This written eviction form lets the renter know that they must either pay their rent or vacate the property within fourteen days to avoid eviction. If they're able to pay their rent in full within the fourteen day peroid, the eviction process ends, and they can stay on the property.
Conducting Illegal Activity
Tenants performing illegal activities under Tennessee law are subject to eviction. The landlord must provide a 3-Day Notice to Quit, a written eviction notice to vacate the property. Illegal activity includes any act of violence that threatens the safety and health of others living on the property. If the tenant doesn't leave the rental property at the end of the eviction notice, the landlord can file an eviction lawsuit.
Non-Renewal of the Lease Agreement
Tennessee eviction laws don't allow a landlord to evict a tenant from a rental unit without a good reason. If they're not violating any eviction laws or rules stated in the rental agreement, they're free to stay until the lease term ends. However, if they choose not to renew their lease, they cannot stay in the rental unit even a day longer than the agreed-upon vacate date.
This eviction notice typically only applies when the landlord wants to end the lease. The eviction notice timeline depends on either the lease or the type of tenancy and may be a 30-Day Notice to Quit or a 10-Day Notice to Quit. A Tennessee tenant may not remain on the property longer than the tenancy duration; if they do, the landlord may begin the eviction process.
Making a Safety or Material Health Violation
Tennessee law accounts for housing, health, safety, and building codes. If a rental unit violates any Tennessee code, the landlord can administer a 3-Day Notice to Quit, providing the tenants three days to leave the rental unit. If the tenant doesn't vacate the property in that time, Tennessee Landlord Tenant Law allows them to begin the eviction process. Code violations can include:
- Property damage, like ruining plumbing fixtures
- Damaging electrical wiring
- Failing to throw trash away for long periods and creating a rodent or bug infestation
Violating the Rental or Lease Agreement
Each rental agreement between a landlord and tenant is unique, and both parties must uphold the terms at all times. Tennessee eviction laws allow a landlord to evict a tenant for violating their lease agreement. They must provide a 14-Day Notice to Comply, a written eviction notice gives the tenant fourteen days to pay for any costs to repair the lease violation. That said, if the violation can't be fixed by repairs or payment, eviction law doesn't require the landlord to allow the tenant to try to fix it. In this case, landlord tenant laws let the landlord issue a 14-Day Notice to Quit, giving the tenant fourteen days to leave the property. Rental agreement violations include:
- Keeping a pet under a pet-free lease
- Damaging the rental unit
- Housing too many people inside the unit
- Smoking on smoke-free properties
- Falsely claiming the need of a service animal
If the tenant doesn't pay for the repairs or stays in the unit after receiving an eviction notice, the landlord can file an eviction lawsuit.
What are the Eviction Laws for Tenants with Subtenants in Tennessee?
Under landlord tenant law, if a tenant has an unauthorized subtenant, the landlord can issue a 3-Day Notice to Quit. If the tenant fails to vacate the subtenant in that time, the landlord can begin eviction proceedings. If the subtenant is authorized, the landlord has the right to screen them and terminate the sublet if a violation occurs. Be advised that under the Fair Housing Act, no landlord can evict a tenant or subtenant based on familial status, disability, sex, national origin, religion, color, or race.
What are the Eviction Laws for Tenants with Pets in Tennessee?
Under Tennessee law, service animals are protected under tenant rights and aren't considered pets, making them exempt from all pet fees. However, a landlord can request that the tenant provide written verification of the service animal's status from their healthcare provider. In regard to tenants with pets, eviction is allowed if damage to the property occurs. The landlord may also remove the tenant if the pet causes a nuisance or violates specific rules of the lease agreement, including:
- Keeping an unauthorized pet
- Not paying pet fees
- Breaking agreed-upon pet rules
- Keeping more than the allowed number of pets
If these violations occur, the landlord must serve a 14-Day Notice to Comply, and the tenant must fix the violation within that time. If they don't, a 14-Day Notice to Quit can be issued, requiring them to vacate the property. If the tenant doesn't leave within that time, the landlord can begin eviction proceedings.
What Happens After a Notice Period Passes?
A Tennessee eviction notice offers tenant protection by allowing a grace period to vacate the property. Once the specified time period ends, the landlord can then file an eviction lawsuit. To be successful, it's essential to file every form correctly in the right court, either with the general sessions or the circuit courts. To file an eviction lawsuit, follow these steps.
- Go to the justice court belonging to the rental property.
- Fill out all the required forms.
- Pay the filing fees.
Once the landlord files the paperwork with the court, the tenant is served with a Detainer Warrant. It's important that the landlord never tries to deliver this warrant on their own; the Tennessee eviction process allows for a peace officer to serve the document. This process must be done no less than six days before the scheduled eviction hearing.
The tenant doesn't have to respond to the notice, but they must show up for the hearing. Both parties may request a continuance for up to fifteen days. If the tenant doesn't show up for the hearing, the landlord could win by default. The landlord's responsibilities in an eviction lawsuit include showing strong evidence to support their case, which they can do with:
- Witness statements
- A rent ledger
- Copies of the rental/lease agreement and the deed
- Bank statements
- Rent receipts
- Video and photo documentation of all violations
What Happens When a Landlord Wins An Eviction Lawsuit?
If the landlord wins a Tennessee eviction lawsuit and the tenant doesn't appeal, the judge will issue a Writ of Possession. This legal document tells the tenant they must move out of the property or face forcible eviction. There's no grace period for this move; it must happen immediately. If they leave any property behind, the landlord must store it for 30 days so the tenant can retrieve it if they want. If, after that time period, the items aren't claimed, they become the landlord's property.
How Landlords Can Avoid the Eviction Process
As a landlord, going through the eviction process is a worst-case scenario. The last thing you want is to waste time and money vacating and finding new tenants. There are ways to help avoid this unfortunate circumstance and enjoy long-term, high-quality tenants.
Use a Property Management Service
Property managers make life easier for landlords since they pretty much handle everything. These real estate professionals screen and interview potential renters, address tenant complaints, manage the property, and handle rent payments. Under their watchful eye, landlords can often avoid drawn-out eviction lawsuits before they occur.
Thoroughly Vet Tenants
The tenants you choose can make or break your rental experience, that's why it's so important to thoroughly vet them before signing a lease agreement. Knowing which questions to ask potential renters, performing background checks, and looking at their past rental experiences will help ensure you select a high-quality tenant.
Follow the Lease Agreement
It may be tempting to loosely follow the lease agreement by letting your tenants get away with small violations like paying a few days late or having an extra animal. However, if you don't set a good example and follow the rules, the chances are high that your tenants will keep breaking them. Staying on top of rent collection and not allowing violations will protect your investment and ensure your tenants have respect for you and your property.
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