Being a landlord is a challenging job. There are many things you have to oversee, including the headache of resolving issues with tenants who violate their lease agreements. When the tenant fails to solve the problem after extensive measures are taken, eviction is the landlord’s last option. The eviction process is exhausting, especially since you have to worry about the laws involved with kicking a tenant out. But there is a right way to tackle it, and we’re here to guide you through the process.
When to Send an Eviction Notice
Before you send a written notice, you first have to know what the legal grounds are for eviction. The most common reason is unpaid rent, which is already considered late when they fail to pay it five (5) days past the due date. Property damage can also be grounds for eviction, as well as other lease violations you included in the lease agreement.
If you’re unsure about the eviction process in Tennessee, you might want to consult a legal expert or a property management company with knowledge of Tennessee eviction laws, especially since they can be different in each city. The eviction process in Nashville, for example, requires the landlord to provide a 14-day notice period to vacate the property if they fail to pay the rent or if the tenant violates the lease.
Tennessee Eviction Laws Landlords Should Know
Uniform Residential Landlord-Tenant Act
TCA § 66-28-101
The URLTA outlines general grounds for eviction since it covers several points of a lease agreement such as keeping the property “as clean and safe as the condition of the premises permit,” avoiding deliberately damaging the rental unit, as well as using all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances in a “reasonable manner.”
TCA § 66-28-102
If the county your property is in has a population of over 75,000, then this law applies to the rental unit. The rental agreement must also have been signed after July 1st, 1975, and the law does not apply if the rental unit falls under the following:
- Short-term rentals
- Institutions providing medical or educational services
- Under or taken over a property sale by the tenant
- Owns or being held by proprietary leases in cooperatives by the tenant
- Rental primarily for agricultural use
TN Code § 66-28-103
This chapter states that rental laws and rights should be simplified, clarified, and updated, along with the duties of both tenants and landlords. Maintenance and improvement of housing is encouraged and the rental laws across Tennessee should be standardized. If the landlord fails to do so, it could be grounds for an eviction lawsuit.
TN Code § 66-28-104
This portion lists all the essential terminologies that fall within the act such as “nuisance vehicle,” which means any vehicle that cannot operate under its own power and is considered a risk to the health, welfare, and safety of the residents in the community. There’s also the term “substantially impaired,” wherein the eviction process could be prompted by a unit being “deemed unfit for human habitation by a governmental authority.”
TN Code § 66-28-105
The Tennessee code states that a landlord is not authorized to conduct an eviction when they are not a resident of the state of Tennessee. In their place, an agent or a company can be designated to take over the eviction process. Green Tree Property Management is among the property management companies in Tennessee that can handle the eviction proceedings you may need to evict a tenant.
TN Code § 66-28-106
As part of the legal requirements, the landlord must provide a written notice to the tenant facing eviction including the lease violation they committed. It should be sent to the last known or designated address contained in the lease agreement. Failure to do so may result in restarting the process.
Tennessee Fair Housing Act
The Tennessee Housing Development Agency follows the federal and state requirements for fair housing and non-discrimination, which means that you cannot evict someone based on race, color, religion, national origin, sex, disability, or familial status. This will render the eviction null and would likely lead to an eviction lawsuit down the road. It’s also why it’s important to know the tenant screening laws in Tennessee as well.
Tennessee Security Deposit Laws (TN Code 66-28-301)
The tenant's security deposit must be refunded by the landlord, depending on the grounds for eviction. If the security deposit is not forfeited due to failure to pay rent, damage costs, or other amounts that the tenant refused to pay, Tennessee landlords are required to return the security deposit or the part left within 30 days from the notice period, or 60 days when the tenant does not respond to getting the refund. This may also apply to the tenant’s property.
Frequently Asked Questions:
Can I force a tenant to move out of the property?
A landlord cannot force tenants to move out of the rental property without a court order. There is a proper legal procedure to go through to ensure a successful eviction. If unsure, you can consult an attorney for legal advice or hire a property manager, and both the landlord and the hired professional can handle the eviction while bearing Tennessee law in mind.
What is Self-Help Eviction?
It is the practice wherein the landlord would evict tenants by changing the locks, removing the front door, taking the tenant's personal property, and more. It goes without saying that this is an illegal form of Tennessee eviction and the landlord may incur penalties according to Tennessee's eviction laws.
How much will it cost to evict a tenant?
It depends on the complexity of the eviction case and the attorney’s fees. It can range from several hundred dollars to several thousand considering the court costs. Between the eviction notice to the eviction hearing, you may need to seek legal assistance or hire experts like property managers. If you’re unsure about how the legal proceedings work, this might actually save you from more costs.
How long will the Tennessee eviction process take?
The eviction decision can take between several weeks to several months. It will depend on the court hearing schedule and whether the landlord and tenant’s affairs are in order. For a faster process, make sure that you abide by Tennessee laws and do not violate your own lease or rental agreement when you evict a tenant. A proper notice is a good place to start.
What should be included in the written notice?
The official notice must contain the up-to-date information of the parties involved, the current date, the tenant's lease details, the reason for eviction, the eviction date, and the delivery record. The absence of even one component can derail the eviction process in Tennessee, and not providing notice at all can be grounds for an eviction lawsuit.
Should You Hire a Property Management Company Instead?
Depending on your knowledge of the eviction proceedings in Tennessee, you may want to rely on professional or legal services to avoid ending up in justice court when you evict a tenant. Green Tree Property Management has proactive measures in place such as a tenant screening process including credit checks, employment verification, debt-to-income ratios, eviction history checks, criminal history checks, and previous landlord calls to avoid eviction.
You can schedule a free property consultation now to see what the company can do for you, and that includes collecting rent payments, filing eviction notices, providing accounting services, handling marketing, and other property management services.
