What Steps Should Landlords Take Before Starting the Eviction Process?

Jun 25, 2025

eviction process

Evicting a tenant is never an easy decision, and it’s not one that landlords should take lightly. Whether the issue is unpaid rent, lease violations, or illegal activity, it’s important to follow the legal eviction process step by step. Doing so not only protects your rights as a property owner but also helps prevent delays, disputes, and costly legal consequences.

Here’s a breakdown of the essential steps landlords should take before initiating the eviction process in Tennessee.

1. Understand the Legal Grounds for Eviction

Before starting the eviction process, landlords must determine if there are legal grounds for removal. In Tennessee, common reasons may include:

  • Non-payment of rent
  • Repeated late payments
  • Violation of lease terms (e.g., unauthorized pets, unauthorized occupants, property damage)
  • Criminal activity or nuisance complaints
  • Refusal to vacate after lease expiration

Your reason for eviction must be clearly documented and in compliance with state law. Depending on the circumstances, federal or state laws may afford your tenants certain protections.  Be sure to consult with a landlord attorney if you are unsure whether you have grounds for eviction.

2. Review the Lease Agreement

The lease agreement is your first line of defense. Carefully review the terms related to rent payments, lease violations, and notice requirements. Ensure that your actions align with what was agreed upon in writing. If the lease includes a grace period for late rent or specific procedures for violations, follow those exactly.

3. Communicate With the Tenant Before Starting the Eviction Process

Communicating with the tenant in writing via text message, email, or letter prior to initiating the eviction process can allow for potential resolution without resorting to costly legal action. Trying to resolve the issue with the tenant directly shows good faith and may help you avoid legal proceedings entirely.

4. Serve a Proper Notice

If communication fails and legal action becomes necessary, you’ll need to serve a formal “notice to quit” (i.e., an eviction notice) that informs the tenant they must vacate the rental property.

The number of days notice required for an eviction in Tennessee depend on the nature of the violation:

  14 Days

Landlords can issue a 14-day notice for material noncompliance by the tenant with the Lease Agreement.  What constitutes material noncompliance depends on the language of the Lease Agreement, but typically includes unpaid rent and damages beyond normal wear and tear. If the issue can be fixed (e.g., by payment of rent or repairs to damages), the tenant generally has 14 days to resolve it or move out. If not corrected, the landlord can move forward with eviction. As a general matter, repeat violations for which notice was previously given within 6 months don’t require a chance to fix — just 14 days to vacate.

  3 Days

If a tenant commits a violent act, engages in drug activity, or poses a safety threat, you can serve a 3-day notice to quit. If they don’t leave within three days, you can move forward with an eviction lawsuit.

Make sure your notice is written clearly, includes all the required information, and is served properly (via certified mail or in person).

5. Document Everything

Keep detailed records throughout the process. This includes:

  • All documentation regarding communication with the tenant
    Payment history and late notices
  • Lease agreement and any amendments
  • Photographs or evidence of damages or other violations
  • Copies of all formal notices served

Having this documentation on hand will be essential if the case ends up in court.

6. Avoid “Self-Help” Eviction

It’s illegal in Tennessee to change the locks, shut off utilities, or remove a tenant’s belongings without a court order. These actions can expose you to lawsuits, fines, and delays in the eviction process. Always go through the proper legal channels.

7. Ending a Tenancy Without Cause: What Landlords Need To Know

Sometimes, a landlord may want to end a rental agreement even when the tenant hasn’t violated the lease. This is known as termination without cause. In these cases, you can’t initiate the eviction process immediately. You’ll need to wait until the lease naturally ends and follow the proper notification requirements based on the type of tenancy.

Month-to-Month Tenancies

For tenants renting month-to-month, Tennessee law requires landlords to provide at least 30 days written notice before terminating the tenancy. This notice must clearly state the date the tenancy will end. If the tenant does not move out by that date, you can then proceed with filing an eviction lawsuit.

Fixed-Term Leases

If a tenant is on a fixed-term lease (such as a 12-month lease), you generally must wait until the lease term ends to require the tenant to vacate. Unless the lease includes a clause requiring notice, Tennessee law does not obligate landlords to provide written notice before the lease expires. Once the lease term ends, you can expect the tenant to vacate the property unless a renewal has been negotiated.

The eviction process can be stressful, but it’s manageable when approached with the right steps and legal guidance. If you’re a landlord in Murfreesboro or Middle Tennessee navigating a challenging tenant situation, our team can help you protect your rights and move forward with confidence.

At Hudson, Reed & Christiansen, we help landlords approach the eviction process with confidence and care. From drafting notices to representing you in court, our team ensures every step is handled by the book so that you can protect your property and your peace of mind.

Have questions about your next move? Contact us today to schedule a consultation.

 

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