Most landlords have been there. You’ve watched things go downhill with a tenant, most likely with rent coming in later and later, until they are over a month behind. You can’t delay any longer, you have to kick them out with the legal system.
*Note: We recommend trying several other tactics to avoid using the legal system, such as this one. Evicting through the court system is clunkly, costly, and it’s really the attorneys who win, not the tenant or landlord.
We’ve created a short, simple guide to help you with this process. We can’t provide legal advice, of course, and this certainly isn’t an all-encompassing guide, but these are more or less the steps we go by for our processes. These steps should take into consideration the Uniform Residential Landlord and Tenant Act which is applicable in any county with a population of 75,000 or more. Here’s a link straight to the legal documents. Go to section 66, then chapter 28.
What Steps to Take to Evict a Tenant in Davidson County, TN
- When the 3rd of the month rolls around with no rent and no communication from the tenant, send a courtesy 3-day Pay or Quit Notice.
*Depending on tenant’s track record, if they have communicated to you how and when they will pay the rent and late fee before you send notice, it may be best to give them some more time.
**Remember to document all communication with the tenant from this point forward. If you tape notice to the door, take a picture, if you email, save it, etc. - On the 6th, file a Detainer Warrant.
Cost: $127.50
Address: 408 2nd Ave N, Nashville, TN 37201 (Take elevator to second floor, entrance is the office adjacent to where the elevators open up.)
Phone Number: 615-862-5195
Website with helpful info: http://www.nashville.gov/Sheriffs-Office/Civil-Warrants-Division.aspxIn Nashville, TN, tenants have through the 5th to pay rent with no late fees (called the “grace period”). You can charge your fee starting on the 6th (unless it’s a weekend).
The staff at metro will help you fill out the form. We recommend adding some dollar amount to the Warrant in addition to asking for possession of the property. Gives you some more leverage, and tenants that were evicted for possession only will not have an eviction on their background check.
The sheriff will then service notice physically at the address given. You will get a courtesy call from him (usually within 5 days) and possibly a text informing you he has served and when the court date is (no less than 6 days away).
*Note: If you accept partial payment of rent after you file the Warrant, the judge will often dismiss the case.
- Attend court.
You don’t need a lawyer, but be sure to know exactly what amount of rents are due to you, and write out your statement to the judge beforehand. Tell your story in chronological order concisely, and include any significant points along the way. It should be basically answering the question: “Why should we believe your cause?” Bring pictures of proof, your lease, emails/texts with tenant, etc.
- Wait 10 days to see if tenant moves out (most will at this point).
- On the 11th day, if they still occupy the unit, file a Writ of Restitution.
This recruits the Sheriff to show up with you at the property and physically remove the tenant and belongings from the house. See the TN Code link for laws about tenant possessions. Sheriff will call you within a couple days of filing the Writ to schedule the day you remove the tenant.
Cost: $65
File the Writ at same place you did the Detainer Warrant. - On the day agreed to with Sheriff, show up with helpers to remove possessions from the property.
- Bonus: If their security deposit doesn’t cover the past due rent and damages, you have the option of pursing collections and wage garnishment. Most landlords agree this is a waste of time and it’s lost money, however you can hire an agency who will take 1/3 of collections and they will make it their job to chase down that tenant until they pay. It’s found money!