[TN] How do I evict a tenant for non-payment?
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Okay, the law in Tennessee requires a 14-day notice to quit for nonpayment, not a 30-day. So the fact that they have waived their right to a 30-day notice doesn’t really mean much because the law doesn’t require a 30-day notice—it requires a 14-day notice.
TN Code § 66-28-505(2): If the breach for which notice was given in subdivision (a)(1) is remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that if the breach is not remedied within fourteen (14) days after receipt of such notice, the rental agreement shall terminate.
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Hello. I am the landlord of a small apartment and need to evict a tenant. In the lease agreement, they are now on a month-to-month lease and specifically have their initials next to a clause stating, “The tenant hereby specifically waives his/her rights to a 30-day written notice to vacate the premises for nonpayment of rent.” Their most recent check bounced, and they need to be evicted for multiple reasons, but I want to make sure I can legally send this eviction notice and have them out asap.
I understand the situation. Have you previously provided the tenant with any written notice regarding the bounced check or any other issues?
We were paying all his utilities included with the $850 monthly rent but sent him notice on June 6, 2025, that we could no longer pay utilities effective July 6, 2025. Since then, his rent bounced, and he won’t let maintenance in the apartment.
Have there been any previous instances where the tenant has violated the lease agreement or failed to pay rent on time?
No, he has paid the rent previously but won’t let pest control inside to treat his unit. The complex has roaches, and all units have to be treated.
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with your eviction process.
I don’t believe so. Thank you.
Hello and welcome to the site! My name is Barrister, and I am a licensed attorney here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply, as I am typically working with several customers at once on the website. I have read your post, and I am sorry to hear you are having to deal with this situation, as I realize it can be frustrating and confusing.
Can you tell me what state the tenant is in?
Tennessee.
Okay, the law in Tennessee requires a 14-day notice to quit for nonpayment, not a 30-day. So the fact that they have waived their right to a 30-day notice doesn’t really mean much because the law doesn’t require a 30-day notice—it requires a 14-day notice.
TN Code § 66-28-505(2): If the breach for which notice was given in subdivision (a)(1) is remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that if the breach is not remedied within fourteen (14) days after receipt of such notice, the rental agreement shall terminate.
With that said, if the intent is to terminate and evict, then you would need to give them a 14-day notice immediately so that you could be close to your July 6th deadline. If you give them notice today, you could file to evict on July 9th if they did not pay the full amount of rent owed.
But if you simply wanted to terminate their tenancy as a month-to-month tenant, then your 30-day notice would have been adequate to do that.
Could the communication be by text or email, or does it need to be a registered letter? I believe the tenant is upset that we will no longer be paying his utilities included with the rent. We sent a registered letter to him giving him 30 days’ notice to change utilities to his name, which will be effective July 6.
It doesn’t have to be a registered letter, just a written paper letter signed by you as the landlord and delivered to the tenant or posted on their door—with you taking a picture of it for proof—and then mailing them a copy by first-class mail and certified mail so there’s no possibility they can claim they didn’t get notice.
Ok, thank you!
You are very welcome. Glad I could help. It was my pleasure to work with you and help with your question.
