🏛️ Courthouse Information and Locations for Tennessee
Tennessee Eviction Laws: Notice Requirements, Process, and Timelines
Tennessee handles evictions through General Sessions Court using “Forcible Entry and Detainer” proceedings governed by Tennessee Code Annotated (TCA) Title 29, Chapter 18. Important distinction: Tennessee law varies by county population—the Uniform Residential Landlord and Tenant Act (URLTA) applies in counties with populations over 75,000, while smaller counties follow the Tennessee Code with different notice requirements. The standard notice for nonpayment is 14 days. Total eviction timeline is typically 4-8 weeks. Below you’ll find everything landlords need to know.
Tennessee Eviction Laws
Comprehensive guide to Tennessee's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in General Sessions Court.
⚡ Quick Overview
💰 Nonpayment of Rent
Tennessee has a dual-track eviction system. The URLTA (§66-28-505) applies to counties with population over 75,000 (covering ~75% of the population including Nashville, Memphis, Knoxville, Chattanooga). Non-URLTA counties use §66-7-109. Notice periods are 14 days for both tracks for nonpayment. Tenants have a mandatory 5-day grace period (§66-28-201(d)). The 14-day notice cannot be sent until after the 5-day grace period expires. If the same nonpayment recurs within 6 months, landlord can issue a 7-day unconditional quit notice (§66-28-505(a)(2)(B)). Filing fees vary by county ($100-$200).
📋 Lease Violation
URLTA (§66-28-505) applies to counties with population over 75,000. For lease violations, landlord MAY choose to allow cure for remediable breaches but is NOT required to (unlike nonpayment). If the breach is not remediable, landlord can issue a 14-day unconditional quit notice (§66-28-505(a)(3)). If tenant commits substantially the same violation within 6 months, only 7-day notice required with no cure (§66-28-505(a)(2)(B)). Severe violations (violence, health/safety threats) = 3-day notice (§66-28-517). Drug/prostitution offenses = immediate (§66-7-107).
📬 Service of Process
Detainer warrant served by court officer. If tenant not found, can be posted on premises.
🏛️ Court & Legal Information
Nashville (Davidson County) and Memphis (Shelby County) have court backlogs. Some courts have mandatory waiting periods between filing and hearing.
⚖️ Appeals & Post-Judgment
Sheriff/constable executes writ of possession. Landlord changes locks.
📦 Tenant Property & Abandonment
TN Code §66-28-405. 30-day absence + nonpayment = prima facie abandonment. Also 15-day nonpayment + other indications (removal of possessions, utility termination). Landlord must post notice at premises AND mail to last known address. Notice must state: belief in abandonment; intent to reenter after 10 days; intent to re-rent if not contacted; intent to dispose of property 30 days after reentry; landlord phone/address. Tenant has 10 days to respond. Landlord must store property at least 30 days. After 30 days, may sell or dispose. Sale proceeds applied to unpaid rent, damages, storage, sale costs, attorney fees. Remaining balance held for tenant 6 months after sale.
🏦 Security Deposits
Must return within 30 days with itemized list. No cap on amount. Must notify tenant of any deductions.
💵 Late Fees
Must be in lease. Charged only after grace period (if lease provides one). No statutory cap but must be reasonable.
🛡️ Tenant Protections
State preempts local rent control (Tenn. Code §66-35-102)
🏙️ Local Overrides & City-Specific Rules
Nashville and Memphis may have additional procedural requirements. Check local court rules.
Underground Landlord📝 Tennessee Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the General Sessions Court. Pay the filing fee (~$130).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Tennessee
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Disclaimer: This is general educational information, not legal advice. Consult a qualified Tennessee attorney for specific legal guidance.
Governing Law and Court System
Tennessee evictions are governed by:
- TCA Title 29, Chapter 18: Forcible Entry and Detainer (all counties)
- TCA Title 66, Chapter 28: Uniform Residential Landlord and Tenant Act (URLTA)
- TCA Title 66, Chapter 7: General landlord-tenant provisions (non-URLTA counties)
URLTA vs. Non-URLTA Counties
This distinction is critical for notice requirements:
- URLTA counties (population 75,000+): Anderson, Blount, Bradley, Davidson, Greene, Hamilton, Knox, Madison, Maury, Montgomery, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson, Wilson
- Non-URLTA counties: All other counties with populations under 75,000
Courts: General Sessions Court (most common) or Circuit Court (requires bond and higher filing fee).
Filing fees: General Sessions: ~$42; Circuit Court: $225; Sheriff service: $10-$40.
Self-Help Eviction Prohibited
Self-help evictions are strictly illegal in Tennessee. Landlords cannot:
- Change locks
- Shut off utilities
- Remove tenant’s belongings
- Physically remove tenant
Only the sheriff can execute an eviction after court order. Self-help can result in liability and damages.
Legal Grounds for Eviction
Landlords may evict for:
- Nonpayment of rent
- Lease violations (curable and incurable)
- Illegal activity (drug-related, violence, prostitution)
- Health and safety violations
- Property damage/waste
- Holdover after lease expiration
- End of month-to-month tenancy
Notice Requirements by Violation Type
Nonpayment of Rent: 14-Day Notice to Pay
In both URLTA and non-URLTA counties:
- Rent is late after 5-day grace period (unless lease provides longer)
- Landlord must serve 14-day notice to pay or quit
- If tenant pays full amount within 14 days, eviction stops
- Tenant can cure by paying all past due rent, late charges, and costs
(TCA § 66-28-505)
Lease Violations (Curable): 14-Day Notice to Comply
For violations that can be fixed (unauthorized pets, noise, unauthorized occupants):
- 14-day notice to comply
- Tenant may cure within notice period
(TCA § 66-28-505)
Repeat Violations: 7-Day Notice (No Cure) – URLTA Only
If substantially same violation occurs within 6 months of prior violation:
- 7-day unconditional notice
- No cure right
(TCA § 66-28-505(a)(2)(B))
Lease Violations: 30-Day Notice – Non-URLTA Counties
In non-URLTA counties (population under 75,000):
- 30-day notice for general lease violations
- Tenant has right to cure within notice period
(TCA § 66-7-109)
Illegal Activity: 3-Day Notice (No Cure)
For serious criminal activity:
- 3-day unconditional notice
- No cure right
- Includes: drug manufacturing/possession/sale, prostitution, violent acts, endangering health/safety
(TCA § 66-28-517)
Health/Safety Violations: 3-Day Notice
For material health and safety violations:
- 3-day notice
- No cure right for serious violations
- Includes: improper trash disposal, pest infestations, tampering with smoke detectors
Month-to-Month Termination: 30-Day Notice
To end periodic tenancy without cause:
- 30-day notice before next rent due date
- No reason required
(TCA § 66-28-512)
Week-to-Week Termination: 10-Day Notice (URLTA)
In URLTA counties:
- 10-day notice
Holdover After Lease Expiration
If tenant remains after fixed-term lease expires:
- No additional notice required
- Tenant may be liable for double rent
(TCA § 66-28-512)
Waiver of Notice
Tennessee allows tenant to waive written notice in the lease if:
- Waiver is set out in 12-point bold font or larger
- If validly waived, landlord may file detainer warrant immediately
Serving the Eviction Notice
Notice must be delivered via one of these methods:
- Personal delivery to tenant
- Certified mail
- Left at premises if tenant unavailable
Proof of service is essential – keep certified mail receipt, signed acknowledgment, or dated photo if posted.
Filing the Detainer Warrant
After notice period expires without compliance:
- File Detainer Warrant (complaint) in General Sessions Court
- Pay filing fee (~$42 General Sessions; $225 Circuit Court)
- Must include: tenant name, property address, reason for eviction, unpaid rent amount
- Court schedules hearing within 6-21 days
(TCA § 29-18-107, § 29-18-118)
Service of Summons (Detainer Warrant)
Landlord cannot serve summons personally – must use:
- Sheriff or constable
- Private process server
Methods of service:
- Personal service: Handed to tenant or any adult on premises (preferred – allows money judgment)
- Posting and mailing: After three failed personal attempts (post on door + mail copy); must be at least 6 days before hearing
- Absent defendant: Post on door at least 15 days before hearing
Important: Service by posting only allows possession judgment – NOT money judgment.
Service fees: $40 in person; $10 by mail.
(TCA § 29-18-115)
Court Hearing
At the hearing:
- Hearing scheduled at least 6 days after service (if posted/mailed)
- No written answer required from tenant – just must appear
- Either party may request continuance up to 15 days
- Both parties present evidence to judge
- Ruling typically same day
Landlord should bring:
- Lease agreement
- Notice with proof of service
- Rent ledger/payment records
- Photos, communications, evidence of violations
Default judgment: If tenant fails to appear, landlord typically wins automatically.
Judgment
If landlord wins:
- Court issues Judgment for Possession
- Judge also awards rent, interest, damages, and court costs
10-Day Appeal Period
After judgment:
- Tenant has 10 days to appeal
- To appeal, tenant must file notice of appeal AND post appeal bond for one year’s rent
- If tenant doesn’t post bond, landlord can obtain possession during appeal
- Tenant cannot be evicted during 10-day period
(TCA § 29-18-128, § 29-18-129, § 29-18-130)
Writ of Possession
After 10-day appeal period expires (if no appeal):
- Court issues Writ of Possession
- Writ sent to sheriff
- Cost: ~$75-$150 (paid by landlord, may be recoverable)
(TCA § 29-18-123, § 29-18-126)
Sheriff Enforcement
Once sheriff receives writ:
- Sheriff must execute writ immediately
- No grace period after writ issued
- Tenant should vacate before writ is executed
- Sheriff physically removes tenant if necessary
- Only sheriff can conduct removal – landlord cannot
- Typically 3-5 days from writ to enforcement
Abandoned Property
After eviction:
- Landlord must notify tenant of intent to dispose of abandoned property
- Store property for 30 days
- After 30 days, may dispose of unclaimed property
Tenant Defenses
- Improper notice: Wrong notice type, insufficient days, improper service
- Payment: Rent was paid or offered
- Retaliation: Eviction in response to tenant reporting code violations or exercising rights (TCA § 66-28-514)
- Habitability: Landlord failed to maintain premises (TCA § 66-28-304)
- Discrimination
- Procedural errors: Summons not properly served
Special Provisions
Military Personnel (SCRA)
If tenant qualifies under Servicemembers Civil Relief Act:
- Court may stay eviction up to 90 days
- Judge may adjust lease obligations
2025 Commercial Property Law (SB 0292/HB 0216)
Effective July 1, 2025: faster removal process for unauthorized occupants in commercial properties.
Typical Timeline (Uncontested – URLTA County)
- Notice period: 3-30 days (depending on reason)
- Filing to hearing: 6-21 days
- Appeal period: 10 days
- Writ issued: Day 11 after judgment
- Sheriff execution: 3-5 days (immediate upon receipt)
- Total (uncontested): 4-6 weeks
- Contested: 6-8+ weeks
Best Practices for Tennessee Landlords
- Determine if property is in URLTA or non-URLTA county—notice requirements differ
- Wait until 5-day grace period passes before serving nonpayment notice
- Use correct notice type for specific violation
- Serve notice properly with proof (certified mail receipt or witness)
- Use sheriff or process server for summons—landlord cannot serve
- Bring all documentation to court hearing
- Request Writ of Possession promptly after 10-day appeal period
- Never attempt self-help eviction—only sheriff can remove tenant
- Store abandoned property for 30 days before disposal
- Document everything: payments, violations, communications
Quick Reference: Tennessee Eviction Rules
- Rent grace period: 5 days (unless lease longer)
- Nonpayment notice: 14 days
- Lease violation notice (URLTA): 14 days to cure
- Repeat violation (URLTA): 7 days (no cure)
- Lease violation (non-URLTA): 30 days
- Illegal activity: 3 days (no cure)
- Month-to-month termination: 30 days
- Week-to-week termination: 10 days (URLTA)
- Service before hearing: 6 days (posted) or 15 days (absent defendant)
- Appeal period: 10 days
- Appeal bond: 1 year’s rent
- Writ execution: Immediate upon sheriff receipt
- Abandoned property storage: 30 days
- Filing fee: $42 (General Sessions); $225 (Circuit Court)
- Governing law: TCA 29-18 (procedure); TCA 66-28 (URLTA); TCA 66-7 (non-URLTA)
Bottom line: Tennessee evictions require careful attention to whether your property is in a URLTA county (population 75,000+) or non-URLTA county, as notice requirements differ significantly. Nonpayment requires a 14-day notice after the 5-day grace period. Illegal activity allows immediate 3-day notice with no cure. Landlords must use sheriff or process server to serve summons—personal service by landlord is not allowed. Tenant has 10 days to appeal after judgment, but must post one year’s rent as bond. After the appeal period, sheriff must execute writ immediately with no grace period. Store abandoned property 30 days. Never attempt self-help eviction. Document everything for court.