Legal Question in Landlord & Tenant Law in Tennessee

Evictions

If rent is paid on a monthly basis, how far behind does a tenent have to be before the landlord can start eviction proceedings in the state of Tennessee?


Asked on 2/11/05, 12:42 pm

1 Answer from Attorneys

Autry Jones Jones & Landers, Attorneys At Law

Re: Evictions

Depends on what the lease says. Additionally:

Section 4.201 Noncompliance with Rental Agreement; Failure to Pay Rent

(a) Except as provided in this Act, if there is a material

noncompliance by the tenant with the rental agreement or a noncompliance

with Section 3.101 materially affecting health and safety, the landlord

may deliver a written notice to the tenant specifying the acts and

omissions constituting the breach and that the rental agreement will

terminate upon a date not less than [30] days after receipt of the

notice. If the breach is not remedied in [14] days, the rental agreement

shall terminate as provided in the notice subject to the following. If

the breach is remediable by repairs or the payment of damages or

otherwise and the tenant adequately remedies the breach before the date

specified in the notice, the rental agreement shall not terminate. If

substantially the same act or omission which constituted a prior

noncompliance of which notice was given recurs within [6] months, the

landlord may terminate the rental agreement upon at least [14] days'

written notice specifying the breach and the date of termination of the

rental agreement.

/* Many states have a three day rather than 14 day period.

(b) If the rent is unpaid when due and the tenant fails to pay rent

within [14] days after written notice by the landlord of nonpayment and

his intention to terminate the rental agreement if the rent is not paid

within that period, the landlord may terminate the rental agreement.

(c) Except as provided in this Act, the landlord may recover actual

damages and obtain injunctive relief for any noncompliance by the tenant

with the rental agreement or Section 3.101. If the tenant's

noncompliance is willful the landlord may recover reasonable attorney's

fees.

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Answered on 2/11/05, 6:07 pm


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