Do You Need an Eviction Notice if No Lease Has Been Signed in Tennessee?

by Luanne Kelchner

Eviction laws in Tennessee can vary by county, but the Tennessee Uniform Residential Landlord and Tenant Act regulates the legal relationship between a property owner and renter in multiple counties in the state. When property owners fail to follow the laws regarding evictions, the renter may sue for damages. The act applies to counties with 68,000 or more residents, according to the Tennessee Consumer Affairs Division.

Eviction Process

Landlords in Tennessee must follow the eviction process in their county even if the tenant didn't sign a lease. When tenants pay rent weekly or monthly, a tenancy is established between the landlord and tenant even without a written contract. Landlords may not discontinue services such as electricity or water to the residence to force tenants to vacate. If they do, it's considered an attempt at illegal eviction, according to the Tennessee Uniform Landlord and Tenant Act and the tenant may sue the landlord for damages and attorney’s fees.

Notice to Vacate

The notice to vacate is the first step in the eviction process. Landlords provide notice to the tenant to correct a violation or pay delinquent rent. The amount of notice the landlord must give to a tenant depends on the terms of the tenancy. For example, to end a monthly tenancy without a lease, the landlord must give a 30-day notice to vacate. If tenants pay weekly, the landlord must give a 10-day notice. The act allows landlords to give a three-day notice if tenants commit a violent or dangerous act against others on the property. Landlords must give a 14-day notice for failure to pay rent.

Filing an Eviction

Filing an eviction with the court is the next step if tenants fail to vacate the property or correct a violation. In Tennessee, landlords may sue for eviction in the General Sessions Court. The court hearing allows the tenant and landlord to state their case before the court. A judge makes a decision regarding possession of the property.

Appeals and Possession of the Property

The landlord and tenant have 10 days to appeal the decision of the court. If 10 days pass after a court judgment and the tenant hasn't vacated, the landlord must request that the sheriff remove the tenant physically from the property. Tennessee does not allow landlords to physically remove the tenant.

About the Author

Luanne Kelchner works out of Daytona Beach, Florida and has been freelance writing full time since 2008. Her ghostwriting work has covered a variety of topics but mainly focuses on health and home improvement articles. Kelchner has a degree from Southern New Hampshire University in English language and literature.

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