One in three Memphis evictions ends without the landlord getting possession

One in three Memphis evictions ends without the landlord getting possession

Andrew GlissonBusiness Member
Property Manager · Memphis · Member since 2026 · 135 posts · 95 votes

From February 2 to June 30 there were 10,481 eviction filings from 1,820 different landlords. 8,883 reached a disposition.

About one in three cases that reached a decision did not end with the landlord getting the property back, but almost every one of those was ended by the landlord's own side, not by the tenant.

2,949 voluntary dismissals is usually the tenant paying or leaving. That's the system working.

The 52 below it are not good. Dismissed for want of prosecution means the court threw it out because the side that filed it did not move it forward. It's the one outcome with nothing to do with the merits and nothing to do with the tenant.

When that happens, nothing at the property changes. The resident stays, no writ issues, and the docket update is your entire notification.

If you are out of state, or someone else files on your behalf, the first sign of trouble is that nothing is happening. Nothing happening looks exactly like a case moving along normally.

I watched it happen with a new client.. Owner had a judgment date mid July, believed he had won, spent three weeks asking his property manager when the writ would be served. The case was dismissed for want of prosecution. He only found out when he called and read the warrant.

Two traps.

TRAP 1: the writ does not issue automatically. Winning dispatches nobody. The owner has to file for the Writ of Possession at the Clerk's Office and pay a fee. A won case with no writ request sits forever.

TRAP 2: an appeal never shows on your case. Either side can appeal within ten days, and an appeal moves the matter from General Sessions to Circuit Court for a fresh hearing.

What to do: call the General Sessions Civil Clerk at 901-222-3400 with your case number and ask two things. Was an appeal filed. Has a writ been requested. If someone files on your behalf, ask for the disposition and the writ request date in writing. Two facts with dates are harder to answer than "we're working on it."

I only pulled five months of data.. and ~15% of the filings in the window were still open when I counted, so fast cases are somewhat overrepresented. I used the Feb to June window over a more recent one because they were nearly all finished.

Disclosure: I manage rental property in Memphis, so I am not neutral on whether Memphis is a good place to own. I think it's great! Not an attorney, not legal advice.

LPS Short and Long Term Property Management
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  • Josh HandlerPro Member
    Contractor · Memphis, TN · Member since 2026 · 54 posts · 59 votes
    3w

    The "dismissed for want of prosecution" trap is the one worth printing out. I've walked houses where the owner thought they had possession coming and the tenant was still in the kitchen. Nothing happening really does look identical to progress from a thousand miles away.

    Adding the part I see downstream, since I'm the guy who gets called after possession.

    The disposition type predicts the condition of the unit, and almost nobody budgets for that difference. A voluntary dismissal where the tenant paid or left on their own usually means an ordinary turn. A set-out under a writ is a different animal. People who are removed involuntarily leave everything, so you're paying for a full trash-out before a single repair starts, and in this market that alone can be $500 to $1,500 depending on how much is in there. You also see more deliberate damage, and if the power's been off through a Memphis summer you get the mildew problem on top of it.

    So the practical add to your checklist: the day you request the writ, start lining up the turn. Not the day you get possession. The gap between those two is dead time you're paying for either way, and the units I see go badly are the ones where nobody looked inside until the day the crew showed up.

    Two things I'd tell any out-of-state owner sitting in this situation:

    Get somebody to physically check the property the week the writ is requested. Not to interfere, just to confirm the unit is still occupied and the mechanicals are still there. Vacant-but-not-legally-vacant is when condensers walk.

    If the tenant is gone but the case is still pending, that's the good outcome and it's also the moment to get in and get a scope. Don't wait for the paperwork to catch up to reality.

    Andrew, one question your data might answer: is there a gap between disposition date and writ execution you can see? Because the number owners actually feel isn't days-to-judgment, it's days-to-keys, and I'd bet the second number is a lot worse than the first.

    Disclosure, I run a construction company here and own rentals in Memphis, so post-eviction turns are work I get paid for. Nothing above requires hiring anybody.

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    3w

    Don't do biz in TN, so not familiar with the laws there.

    "dismissed, plaintiff did not prosecute" may not be anything to worry about.
    How likely could it be inexperienced local landlords filing, the tenant pays, and the landlord just doesn't show up in court and the case is dismissed?

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