Tennessee Eviction Laws

Perhaps you are considering purchasing property in the state of Tennessee to rent out or either you are considering renting property in Tennessee. If this is the case, it is important to be vividly aware of the laws about the eviction process and your legal rights as a landlord or as a tenant. Each state has its' own laws and ways of handling the eviction process legally.

In the state of Tennessee abandonment of a dwelling can be grounds for eviction. If a tenant is not present in a rental property for 30 days or more without paying rental monies due to the landlord, this is grounds for filling an eviction in Tennessee. If a lease is present and it is clearly stated in the lease agreement, a tenant may be required to inform the landlord if they intend to be gone from the rental property for more than 7 consecutive days at a time. This is so the landlord is aware the tenant has not abandoned the rental property.

If a tenant should abandon property you own in the state of Tennessee and they leave behind personal property, it is a good idea to consult with a lawyer as to what rights you have to the personal property left behind. If the tenant signed a copy of the Uniform Commercial Code or gave you, the landlord, property to hold as collateral, and you have proof of these documents, you may be entitled to property left behind if the tenant owed you money. If you do not have documents such as these, obtaining legal advice is a wise idea.

If a lease is in place and the tenant violates any part of the lease, it is the landlord's responsibility to send a written notice to the tenant and allow them 30 days to correct the problem. If the landlord accepts rental monies from the tenant and neglects to inform the tenant of any problems, the landlord forfeits the right to evict the tenant for violation of the lease until at such a time when the landlord notifies the tenant in writing of the problem and then allows the tenant 30 days to correct the problem.

Once the tenant has been notified in writing of a problem, and the problem has been corrected, the problem must remain corrected. If the same problem happens again within a 6 month period, the landlord may, at his or her will, cancel the lease after providing a 14 day notice.

It is a good idea to have a clear written lease with any person interested in renting property in the state of Tennessee. This is to protect both parties involved. A landlord may not evict a tenant for failure to pay rent unless it is clearly stated in the lease agreement or the landlord has provided the tenant written notice stating that rent was due and was not paid.

Should a tenant or a guest of a tenant commit and act of violence against another person, the landlord has the right to evict the tenant with a 3 day notice. Even under these circumstances, the landlord must still have a court order to forcibly evict a tenant. The eviction must be done legal to prevent a lawsuit.

A landlord must attend a General Sessions Court and sue for eviction in all cases of needing legal assistance to evict a tenant in the state of Tennessee. Clerks of the court can provide most information a landlord needs to know about how to evict a tenant. If the landlord or the tenant looses its case, they then have a ten day period in which to appeal the case.

No matter if you are a landlord or a tenant in the state of Tennessee, knowing your rights can protect your investment or your living arrangements. Being aware of the laws and the proper procedures can save time and the possibility of a future lawsuit.