Which Tennessee rules apply to your building
The Uniform Residential Landlord and Tenant Act applies only in counties with more than 75,000 people under the 2010 federal census (T.C.A. 66-28-102), which takes in Davidson, Shelby, Knox and Hamilton and the other larger counties. The notice rules below come from that Act. Outside those counties the lease does more of the work, and the court steps in Title 29, Chapter 18 apply statewide.
Tennessee eviction notices
Under T.C.A. 66-28-505(a), a landlord can give written notice of a material breach. The periods depend on the breach.
- Nonpayment: the tenant has 14 days to pay rent, damages or other amounts owed, or the lease ends. Rent isn’t late for fee purposes until the five-day grace period in 66-28-201(d) runs, and late fees are capped at 10% of the past-due rent.
- Repeat breach: if the same breach happens again within six months, the lease can end on at least 7 days’ written notice.
- Breach that payment can’t cure: the lease ends on a date at least 14 days after the tenant receives notice.
- Violence or danger: under 66-28-517, the lease can end three days after the tenant receives a written notice that specifically describes a violent act, a real and present danger to others, a hazardous or unsanitary condition, or an unauthorized occupant who won’t leave.
- Month-to-month: 30 days’ written notice before the periodic rental date ends the tenancy, and week-to-week takes 10 days (66-28-512). No reason is required.
- Domestic abuse: under 66-28-517(g), only the perpetrator can be evicted on that basis when the victim has an order of protection and has given the landlord a copy.
The lease waiver: filing without the 14-day notice
Tennessee lets the tenant give up the nonpayment notice in advance. Under T.C.A. 66-28-505(b), a lease can provide that the tenant waives notice, so the landlord may file a detainer warrant right away for nonpayment. The waiver must be in the lease in at least 12-point bold type.
It doesn’t erase the five-day grace period. The statute says the waiver does not shorten 66-28-201’s grace period, so a tenant whose rent was due on the 1st still isn’t in default for this purpose until that period runs. For a 5+ unit building, check whether your current lease form has the clause and whether it’s printed the way the statute requires, because a waiver in small print won’t carry the case.
Notice or not, the landlord can still enforce the lease to collect rent for the rest of the term (66-28-505(c)), and attorney fees are recoverable when the lease provides for them (66-28-505(d)).
Filing a detainer warrant in general sessions court
The eviction case starts with a detainer warrant filed in the general sessions court for the county. The officer who serves it must tell the tenant the time and place of trial, and the trial date can’t be less than six days after service (T.C.A. 29-18-117).
If the tenant doesn’t appear, the court can enter a default judgment, but first file a military status affidavit. The Servicemembers Civil Relief Act, 50 U.S.C. 3931, requires one before any default and lets the court protect a tenant on active duty.
After judgment: the 10-day wait and the appeal bond
Winning at trial doesn’t mean possession that afternoon. T.C.A. 29-18-126 bars any execution or writ of possession until after 10 days have passed from the judgment. Either side can appeal to circuit court within 10 days under T.C.A. 27-5-108, where the case is heard again.
Tennessee makes that appeal expensive for a tenant. Under T.C.A. 29-18-130(b), no appeal is allowed unless the tenant posts a bond, cash deposit, irrevocable letter of credit or two good personal sureties in the amount of one year’s rent, covering costs, damages, rent and interest. On a $1,650 unit, that is $19,800.
If the tenant appeals without that security, the landlord may take possession without posting its own bond. If the tenant does post it and the landlord still wants possession while the appeal runs, the landlord must bond double one year’s rent. Once the writ issues, it is executed and the landlord is restored to possession immediately (29-18-130).
What Tennessee landlords can’t do
Self-help eviction is off the table. Under T.C.A. 66-28-504, if a landlord unlawfully removes or excludes a tenant, or willfully cuts off essential services the lease provides, the tenant may recover possession or end the lease, and recover actual damages, punitive damages when appropriate and a reasonable attorney fee. Section 66-28-517 repeats the ban on self-help, including shutting off electric or gas, even after a three-day notice for violence.
Retaliation is barred by 66-28-514. A landlord can’t raise rent, cut services or bring or threaten a possession case because the tenant complained about a repair duty under 66-28-301 or used a remedy under the Act. There are exceptions: a possession case can go forward when the tenant is behind on rent, when the tenant or a guest caused the code violation, or when compliance requires work that would effectively take the unit away.
Tennessee bills in 2025 and 2026 proposed changes to detainer trial timing, including HB 452 and HB 1940. Neither became law, so the rules above are current.
The CARES Act and federally backed buildings
If the building has a federally backed mortgage, such as a Fannie Mae, Freddie Mac or FHA-insured loan, or takes part in a covered federal housing program, Section 4024(c) of the CARES Act, 15 U.S.C. 9058(c), says a tenant can’t be required to vacate until 30 days after a notice to vacate. The 120-day moratorium in that section expired in 2020, but the 30-day text is still in the statute and courts have split on whether it still applies. For covered buildings, the safer practice is to give 30 days’ notice and not rely on a 14-day notice or a lease waiver.
Tennessee eviction timeline
The table follows an uncontested nonpayment case in a county covered by the Act.
| Step | Deadline | Rule |
|---|---|---|
| Grace period | 5 days starting on the due date | T.C.A. 66-28-201(d) |
| Nonpayment notice | 14 days to pay | T.C.A. 66-28-505(a) |
| Lease waiver of notice | File immediately, after grace period | T.C.A. 66-28-505(b) |
| Repeat breach within 6 months | 7 days | T.C.A. 66-28-505(a) |
| Violence or danger | 3 days after receipt | T.C.A. 66-28-517 |
| Month-to-month termination | 30 days before rental date | T.C.A. 66-28-512(b) |
| Trial on detainer warrant | At least 6 days after service | T.C.A. 29-18-117 |
| Appeal to circuit court | Within 10 days | T.C.A. 27-5-108 |
| Tenant’s appeal bond | One year’s rent | T.C.A. 29-18-130(b) |
| Writ of possession | After 10 days from judgment | T.C.A. 29-18-126 |
Worked example: a nonpaying unit in Nashville, with and without the waiver
Assume a 20-unit building in Davidson County, a unit renting for $1,650, rent due Monday, March 1, 2027, and a $900 attorney flat fee. To stay clear of the grace period, the landlord acts on Saturday, March 6.
Without a waiver, the 14-day notice delivered March 6 runs through Saturday, March 20. The detainer warrant is filed and served Monday, March 22. Six days later is a Sunday, so trial is Monday, March 29. Ten days after judgment is April 8, so the writ can issue Friday, April 9. That is 39 days from the due date, or $2,116 of lost rent at $54.25 a day ($1,650 × 12 ÷ 365).
With a valid bold-type waiver, the warrant is filed and served Monday, March 8, trial is Monday, March 15, and the writ can issue Friday, March 26. That is 25 days and $1,356 of lost rent. The waiver saves 14 days and $760 on one unit, before any appeal.
| Item | 14-day notice | Lease waiver |
|---|---|---|
| Days from due date to writ | 39 | 25 |
| Lost rent at $54.25 a day | $2,116 | $1,356 |
| Attorney flat fee (assumed) | $900 | $900 |
| Total | $3,016 | $2,256 |
Alternatives to a detainer warrant
A tenant who can catch up within the 14 days ends the matter by paying, and a written payment plan can do the same for a tenant who needs a little longer. Put the dates and the consequence of a missed payment in writing. When a tenant can’t pay at all, cash for keys, a set payment in exchange for a clean move-out by a fixed date, often costs less than five or six weeks of lost rent plus fees.
Selling a Tennessee building with an eviction pending
You can sell with a detainer warrant pending. Leases pass with the building, so the buyer takes over the landlord’s rights and can continue the case, settle it or start over in its own name. Give the buyer the lease, ledger, notice, warrant and any judgment, and collect tenant estoppel certificates. Our Tennessee landlord-tenant law guide covers how deposits and liability move to a buyer under 66-28-305.
Selling your Tennessee apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units across Tennessee with tenants in place, including buildings with nonpaying tenants or detainer warrants already filed. We price those units into the offer, so you can sell before the case is over.
Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
