What is the eviction process in Tennessee?
1. Statutory Framework. Tennessee eviction is a Detainer Warrant action under T.C.A. §§ 29-18-101 to 29-18-138 (Forcible Entry and Detainer). The Uniform Residential Landlord and Tenant Act, T.C.A. §§ 66-28-101 to 66-28-522, applies in counties with population over 75,000 (Davidson, Shelby, Knox, Hamilton, Rutherford, etc.).
2. Pre-Filing Notice. In URLTA counties, nonpayment requires a 14-day notice to pay or quit (T.C.A. § 66-28-505); material noncompliance requires a 30-day cure-or-quit (§ 66-28-505(a)). In non-URLTA counties, no statutory pre-suit notice is required for nonpayment unless the lease specifies one; month-to-month termination requires 30 days (§ 66-28-512). Drug/violent acts allow a 3-day unconditional notice (§ 66-28-517).
3. Filing the Complaint. File the Detainer Warrant in the general sessions court of the county where the property sits. Filing fee is approximately $148-$200.
4. Tenant Answer / Default. Tenant must appear on the court date set within 6-30 days of service. No written answer required.
5. Hearing. General sessions judge conducts a brief trial. Defenses include warranty of habitability (URLTA counties, T.C.A. § 66-28-304), retaliation (§ 66-28-514), and federal Fair Housing Act discrimination. Either party may appeal de novo to circuit court within 10 days.
6. Writ of Possession. Writ of possession issues after the 10-day appeal window expires (T.C.A. § 29-18-126). Sheriff executes the eviction.
7. Self-Help Prohibition. T.C.A. § 66-28-403 (URLTA) prohibits self-help lockouts, utility shutoffs, and removal of belongings; tenants may recover one and one-half month's rent or actual damages plus reasonable attorney's fees. Non-URLTA counties rely on common-law trespass and wrongful eviction remedies.
8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 prior to nonpayment filings.
9. Just-Cause. Tennessee has no statewide just-cause and prohibits local rent control under T.C.A. § 66-35-102.
This is legal information, not legal advice.
- Tenant appeals de novo to circuit court with bond posted
- Drug or violent-act allegations under T.C.A. § 66-28-517
- Subsidized housing or public housing eviction
- T.C.A. §§ 29-18-101 et seq.
- T.C.A. §§ 66-28-101 et seq.
- 15 U.S.C. § 9058
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.