Memphis, Tennessee - Tenant Eviction Process
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Explanation / Tennessee - Tenant Eviction Process
Tennessee evictions can be a lengthy process that if not done within the specific confines of the Tennessee Eviction Statute can cost you a lot of time, money and aggravation.
If you would like to learn more about how to evict a tenant a Free - Tennessee Tenant Eviction Process Explanation is provided at the bottom of this web page.
They also offer a link to Free - Tennessee Tenant Eviction Notices & Landlord Forms.
If you have any questions about the Tennessee Tenant Eviction Process and how it relates to your specific situation as a landlord or property manager please contact your local Memphis Kick'em Out Quick® Member Eviction Attorney for a Free Initial Consultation.
They are Affordable & Professional and they will evict your non-paying or nuisance tenant(s) just as quickly as the law allows.*
Call Eviction Attorney J. Luke Sanderson today to discuss your case (901) 523 - 1844.
And don't forget after your eviction is complete submit your Tenant Collection or Judgment (including Attorney fees) online in the Collection Section of this web site.†
A landlord begins the eviction process by serving the tenant with an eviction notice. In Shelby County, a 30 Day Notice is required unless the lease contains an explicit waiver of notice. The 30 Day Notice must provide 14 days to redeem the tenancy to avoid termination of the lease. In rare situations involving serious damage or violations of health or safety, the landlord can serve the tenant with a 3 Day Notice to Vacate. All notices should be sent by certified mail and the landlord should keep a copy.
After proper notice, the landlord files a detainer warrant in the Shelby County General Sessions Court, which is located at 140 Adams Avenue, Memphis, Tennessee, 38103. The filing fee is $99.50, plus an additional $28.00 for service of process by the Shelby County Sheriff's Office. Some landlords prefer to use a private process server for quicker service. The process server will deliver the Detainer Warrant to the tenant, giving the time and place for the hearing. If the tenant is not served, the landlord can only recover legal possession without money damages.
On the initial setting, either party is entitled to a reset. Often, the tenant will request a continuance on the first setting and the matter will be reset approximately two weeks. If all parties wish to proceed on the initial setting, the judge will hold a hearing to determine which party is entitled to possession and/or damages. If the landlord is present but the tenant does not appear, the landlord will obtain a default judgment. The landlord must be present to testify regarding the rent arrearage, any damages, and the amount of the security deposit. The landlord should also bring a copy of the eviction notice, rent receipts, photographs of damage, witnesses, etc. If the landlord presents a lease that contains a provision for attorney’s fees and collection costs, the landlord will also receive these amounts.
If the judge rules in favor of the landlord, the tenant will have 10 days to vacate the premises. During these 10 days, the tenant can appeal the judgment. If they appeal, another hearing will be held in Circuit Court. Tenant appeals are rare because a considerable bond is required.
In some cases, the tenant does not automatically leave within 10 days. When this occurs, the landlord must file a Writ of Possession for the Sheriff to physically remove the tenant and the tenant’s belongings against their will. The landlord must be certain during all steps to proceed lawfully or the tenant may be able to recover punitive damages against the landlord.
Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.