Can anyone explain the eviction process for TN to me, or point me to book, or website with the information? I would like detailed understanding that includes how many days one needs to be late on rent, wording for the notices, etc.
I am familiar with, and did the process twice in CA, but not for TN.
I use an attorney for my evictions. I also have in my lease agreement that notice for late payments is waived...this means I can file for eviction the first day rent is late. If you do not have notice waived in the lease agreement, then you must provide a 14-day notice to your tenant. After the 14 days, you can file for eviction, if no money has been received. Also, keep in mind, if you receive any money from your tenant, then you cannot evict in that month...it is seen as a form of grace that you accepted a partial payment, so you cannot evict until they are late the following month. Typical timeline with attorney is within 2 to 3 weeks I have a court date, the judge then typically tells tenant they have 10 days to move out due to nonpayment. If they do not move out, then a writ is issued by my attorney, which means sheriff must get involved...typically takes another 2 to 3 weeks to get sheriff's office onsite, then we open the door and setout crew sets tenant's stuff on front lawn. Tenant has 48 hours to get their stuff from the yard, then it belongs to the homeowner. Overall, typically takes 30 to 45 days from start to finish.
Hope that helps.
Sure, I do plenty of them! Note: I am a Realtor/Property Manager NOT an attorney, but I go to court a lot so this isn't legal advice and I highly recommend my lawyer, Rob Hill at The Hill Firm.
First, and most important in TN is your lease. You need a "wavier for non-payment" clause to shorten your notice.
Our rents are due on the 1st, late the 5th, and we send out a 3-day "Pay or Quit" letter on the 15th. Anyone that doesn't work out a plan or pay goes to the attorney on the 18th.
Now, if you don't have a lease or your lease doesn't have that clause you need I think a 14-day notice.
Our attorney does a warrant and private server goes out. Runs us about $250. We get a court date typically within 2 weeks. At court, we typically get possession, but that is more in theory at that point. It is usually a default judgment because they do not show. If they do show and your records are good you will win and if not and they dispute they will set a trial for a later date.
Assuming you have possession the tenants will agree to a date to leave and if they do and drop off the keys and give you something in writing saying, "we are out" you can stop the process and take over. If they do not, the attorney can file a writ to set out 10 days after you are granted possession. The sheriff will then call you at random to set them out (typically about 30 mins prior). If there is stuff inside the sheriff (in Davidson Co.) has a crew that for about $80 sets everything out while you change locks.
The process for us with our leases is under 30 days. Our worst hasn't cost us over $695.
Now, if they dispute and it goes to trial you have to expect it to be a bit longer because you will have to appear in court and argue your case. Having good software and keeping excellent records is critical.
Thanks @Gina Miller
Could you please post the waiver for non-payment wording so I can put it in my leases?
NOTICE OF TERMINATION OF THIS LEASE AGREEMENT FOR NONPAYMENT OF RENT IS HEREBY SPECIFICALLY WAIVED.
thank you @Gina Miller
I'm new to buy and hold, hence what landed me on this thread. Also not a lawyer. Adding on to what @Gina Miller posted I believe it also has to be in 12pt bold font. @Lynnette E. wanted you to see this too.
(b) Notwithstanding subsection (a), if the tenant waives any notice required by this section, the landlord may proceed to file a detainer warrant immediately upon breach of the agreement for failure to pay rent without the landlord providing notice of such breach to the tenant; provided, however, that this subsection (b) shall not reduce the tenant's grace period as provided in § 66-28-201 . The tenant's waiver pursuant to this subsection (b) shall be set out in twelve (12) point bold font or larger in the rental agreement.
You are correct, sir.
Just finished 2 evictions in last 3 weeks.
FYI, When tenants do not show up for the court date, they do not hear the Judge give posession and the important 10 day notice.
So, after that 10 days you have to fe for the writ of posession. Our Sherriffs office called within 5 days to setup a time for meeting to change locks and set out. They told me they actually have 20 days to process the writ.
Also, if you lock tenants out on eviction day, they have 48 hours to contact you and setup time to come get rest of stuff.
Start to finish mine were 48 days and 44 days.
On an eviction, you have all the stuff set out outside. You change the locks and they have 48 hours to get it off the curb before you can trash it. You are not supposed to have them back inside the house.