The Tennessee eviction notice forms are for use when a landlord has a reason to have a tenant vacate the premises. Here are different notice periods for different situations. For instance, for certain criminal behavior, a landlord can ask a tenant to vacate immediately. For most other violations, including non-payment of rent, there is a 14 day notice where the tenant has 14 days to cure or the lease will be terminated on the 30th day. If the tenant does not respond, the landlord may go to the local General Sessions Court to obtain a “Detainer Warrant“. This must be served on the tenant by the Sheriff. There is a hearing held at least six (6) days after service. If landlord prevails, he or she can obtain a Writ of Possession to have the tenant removed immediately by the Sheriff.
Notices By Type
Immediate Notice to Quit (Prostitution or Drug Violations) – This form is for use when a tenant is engaged in certain kids of illegal behavior for which the landlord can have them removed immediately.
3-Day Notice to Quit (Illegal Behavior) – This form is for any other kinds of illegal behavior that are an immediate threat. Tenant cannot cure this type of behavior and will have to vacate within 3 days.
14-Day Notice to Quit (Non-Payment) – This form is for use when a tenant fails to pay rent on time. A landlord must give tenant 14 days to pay. If tenant does not pay, then the lease is terminated on the 30th day.
30-Day Notice to Quit (Non-Compliance) – This form is for use when there is a breach of the lease other than for damage or for non-payment of rent. Tenant has 30 days to vacate before landlord may seek eviction.
30-Day Notice to Quit (Month to Month Tenancy) – This form is for use when a party seeks to inform the other party that they do not intend to renew a month-to-month tenancy.
When is Rent Due?
Rent is considered late if it is not received on the date specified in the lease between landlord and tenant. Landlord must notify tenant that he or she has fourteen (14) days to pay before landlord may terminate the lease.
How to Evict (Process)
Step 1 – Before beginning an eviction process in court, a landlord must notify tenant in writing about a breach. Depending on the breach, the tenant may have 14 days or 30 days to cure. Other breaches are not curable and tenant must be out of the premises on the date specified. Types of notices are as follows:
- Immediate Notice to Quit (Prostitution or Drug Violations)
- 3-Day Notice to Quit (Illegal Behavior)
- 14-Day Notice to Quit (Non-Payment)
- 30-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month Tenancy)
Step 2 – If the tenant does not respond satisfactorily to the notices, the landlord may file a “Detainer Warrant” with the local General Sessions Court. The General Sessions Court must have jurisdiction over the location of the rented premises. The court will set a hearing date.
Step 3 – You will have to hire the local Sheriff to serve the tenant with the Detainer Warrant.
Step 4 – The hearing will be at least 6 days from the date that the tenant was served. If tenant fails to appear or the landlord proves his case, the court will issue a Writ of Possession, which will entitled Landlord to possession of the Premises. This authorizes to have the Sheriff remove tenant if tenant continues to fail to vacate.