Nashville, 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 Nashville 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 Benton Smith today to discuss your case (615) 291-0520.
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.†
Disclaimer: “No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."
The applicable statute to Evictions in Tennessee can be found at Tenn. Code Ann. § 66-28-101. According to the statute, “The general sessions and circuit courts of this state shall exercise original jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter”.
1. Step One: Notice (if required by the lease)
A landlord begins the eviction process by serving the tenant with an eviction notice. 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.
2. Step Two: Filing and Serving the Detainer Warrant
After proper notice, the landlord files a detainer warrant in general sessions county where the property is located. Such a filing will include both a filing fee and a service fee. 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; the service can either occur by personally serving the tenant or by posting iton the rental property door. If the tenant is not served, the landlord can only recover legal possession without money damages. Often the landlord is only concerned about getting the property back as the money damages part can be handled at a later time.
3. Step Three: Going to Court
The Detainer Warrant advises the tenant of a court date and time, which may not be less than 6 days after service on the tenant, though the parties may request that the trial date be extended.
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.
4. Step Four: Sheriff Removal
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. Please note that the sheriff does not actually remove the tenant’s possessions, which must be done by the landlord or his or her representatives, but supervises the event and ensures the peace.
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.