Do I Get My Security Deposit Back if I Am Evicted in Tennessee

In Tennessee, eviction is a process that must follow steps defined by state law.

Landlords cannot physically remove tenants from the property themselves or try to force a tenant out of a property by cutting off access to utilities or changing locks. This is sometimes referred to as a "self-help" eviction, and it is prohibited in Tennessee.  Tenants can sue their landlord for damages if they attempt a "self-help" eviction.

Physical tenant removal can only occur through law enforcement and the court system.

Counties with more than 75,000 residents must adhere to the Uniform Residential Landlord and Tenant Act. These counties include:

• Anderson
• Blount
• Bradley
• Davidson
• Greene
• Hamilton
• Knox
• Madison
• Maury
• Montgomery
• Putnam
• Rutherford
• Sevier
• Shelby
• Sullivan
• Sumner
• Washington
• Williamson
• Wilson

Eviction processes in other counties are dictated by Tennessee code.

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Reasons for eviction

Landlords can begin the eviction process for:

• nonpayment of rent; rent is considered past due five days after its due date.
• health and safety violations that threaten others and others' property.
• illegal activities at the rental unit, including drug-related activity and violence.
• damage to the rental unit beyond normal wear and tear.
• violations of the rental agreement, including pet policy violations and falsely claiming to have a service animal.
• end of lease.

Required notice to tenants

For nonpayment of rent and rental agreement violations that can be remedied through payments or repairs, landlords must typically give tenants 14 days notice before filing for eviction. This period allows tenants time to resolve the situation if they wish to stay in their rental unit by paying any rent charges due or paying for repairs or damages.

In counties with populations of 75,000 or more, the Uniform Residential Landlord and Tenant Act allows landlords to include a clause in the rental agreement waiving tenants' right to 14 days notice for eviction due to nonpayment of rent. Tenants whose lease includes this waiver clause may not receive 14 days notice before their landlord files for eviction, and they are not able to fix the situation by paying the rent and/or fees due.

If a tenant commits a rental agreement violation for the second time within six months, landlords in counties under the Uniform Residential Landlord and Tenant Act can issue a seven-day notice for the tenant to move out of the rental unit. Those in smaller counties must issue at least 14 days notice, according to Tennessee code.

For lease violations that aren't able to be remedied through payment, landlords must give tenants 14 days notice to move out in counties under the URLTA. A minimum 30 days notice may be required in smaller counties, depending on the lease agreement violation, according to Tennessee code.

For health and safety violations and illegal activity, landlords must give tenants three days notice to move out of the rental unit before they can file for eviction.

Landlords must provide 30 days notice to move out for tenants paying month-to-month rent at the end of their lease. Landlords must provide 10 days notice to tenants paying rent on a weekly basis.

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Eviction for nonpayment of rent

Rent is considered late once it is five days past due.

If a tenant is late paying rent, their landlord can issue a "14-day notice to quit." This allows the tenant 14 days to pay the rent and any late fees or penalties.

If a tenant does not pay the outstanding rent by the fourteenth day, they have 16 days to vacate the property.

If a tenant does not leave the property by the end of the 16-day period (30 days after the landlord delivered the notice to quit) the landlord can go to court to request a detainer warrant for the tenant. The sheriff will deliver the detainer warrant to the tenant, which gives the tenant a court date and location.

The landlord and tenant must appear for the court date. If the tenant does not appear in court, the landlord wins possession by default. If a judge decides in favor of the landlord, the tenant has 10 days to vacate the property or appeal the case. The judge may also require the tenant pay back rent and damages.

If the tenant does not leave the property after the 10-day period has passed, the landlord can request that the sheriff physically remove the tenant and their belongings from the property.

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Cassandra Stephenson covers business at The Tennessean, part of the USA Today Network — Tennessee. Reach Cassandra at ckstephenson@tennessean.com or at (731) 694-7261. Follow Cassandra on Twitter at @CStephenson731.

Do I Get My Security Deposit Back if I Am Evicted in Tennessee

Source: https://www.tennessean.com/story/money/real-estate/2021/07/06/how-eviction-works-tennessee-how-long-does-process-take-tn/7779230002/

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