Tennessee Detainer Warrant (Eviction Complaint) — General Sessions Court

DETAINER WARRANT (EVICTION COMPLAINT) — GENERAL SESSIONS COURT OF TENNESSEE

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Premises
5. Tenancy and Rental Agreement
6. Predicate Notice
7. Count I — Unlawful Detainer for Nonpayment of Rent
8. Count II — Unlawful Detainer for Material Lease Breach
9. Count III — Unlawful Detainer for Holdover After Termination
10. Count IV — Money Judgment for Rent and Damages
11. Prayer for Relief
12. Demand for Writ of Possession
13. Verification and Oath
14. Attorney / Plaintiff Signature Block
15. Service Information for the Sheriff / Constable
16. Tennessee Practice Notes
17. Sources and References

1. CAPTION

STATE OF TENNESSEE

COUNTY OF [COUNTY NAME]

IN THE GENERAL SESSIONS COURT OF [COUNTY] COUNTY, TENNESSEE

[CIVIL DIVISION / DETAINER DOCKET]

Docket No.: [________________________________]

DETAINER WARRANT — UNLAWFUL DETAINER

(Issued under T.C.A. § 29-18-101 et seq.)

2. PARTIES

2.1. Plaintiff is [PLAINTIFF NAME], [an individual residing at / a Tennessee [LLC / corporation / partnership] with its principal office at] [ADDRESS], and is the owner / lessor / authorized agent of the Premises described below.

2.2. Defendant Tenant(s) are [TENANT NAME(S)], residing at the Premises and named on the rental agreement.

2.3. All Other Occupants in Possession are joined as Doe defendants pursuant to General Sessions practice to bind any unidentified adult occupants.

2.4. Authorization to Sue. Plaintiff is authorized to commence this action as [owner / property manager under written agency agreement / member-manager of LLC owner / attorney].

3. JURISDICTION AND VENUE

3.1. Subject-Matter Jurisdiction. The General Sessions Court of [COUNTY] County has subject-matter jurisdiction over forcible entry and detainer actions under T.C.A. § 29-18-107.

3.2. Personal Jurisdiction. Defendant(s) are residents of, and in actual possession of real property located in, [COUNTY] County, Tennessee.

3.3. Venue. Venue is proper in [COUNTY] County under T.C.A. § 29-18-107 because the Premises are located in this county.

3.4. URLTA Applicability. ☐ The Premises are located in a URLTA county (population > 75,000). T.C.A. § 66-28-101 et seq. governs. ☐ The Premises are NOT in a URLTA county; T.C.A. § 66-7-109, the rental agreement, and Tennessee common law govern.

4. PREMISES

4.1. The real property at issue (the "Premises") is the residential dwelling unit located at [FULL ADDRESS, UNIT, CITY, COUNTY, TN ZIP].

4.2. The Premises are more particularly described as: [parcel ID / legal description, if needed].

4.3. The Premises are: ☐ a single-family dwelling ☐ an apartment unit ☐ a duplex unit ☐ a mobile home / lot in a mobile home park (T.C.A. § 66-28-201) ☐ other: [__________].

5. TENANCY AND RENTAL AGREEMENT

5.1. Rental Agreement. Plaintiff and Defendant entered a [written / oral] rental agreement (the "Lease") dated [__/__/____], a true and correct copy of which is attached as Exhibit A.

5.2. Term. ☐ Fixed term [__/__/____] through [__/__/____] ☐ Month-to-month ☐ Week-to-week ☐ Other: [________].

5.3. Monthly Rent. $[________], due on the [__] day of each [month / week].

5.4. Security Deposit. $[________], held in [BANK / ACCOUNT] in compliance with T.C.A. § 66-28-301.

5.5. Date of Possession. Defendant has been in possession since [__/__/____].

6. PREDICATE NOTICE

6.1. On [__/__/____], Plaintiff served upon Defendant a written notice (the "Notice") attached as Exhibit B, by the following method(s): [describe — personal delivery / post and mail].

6.2. The Notice was authorized by [T.C.A. § 66-28-505(a) (URLTA pay-or-quit) / § 66-28-505(a)(2)–(3) (URLTA cure or termination) / § 66-28-505(d) (URLTA criminal-conduct 3-day) / § 66-28-512 (URLTA periodic termination) / § 66-7-109 (non-URLTA) / Lease ¶[__]].

6.3. The notice period required by the cited statute was [14 / 3 / 30 / 10] days.

6.4. Defendant failed to cure / failed to vacate / failed to pay within the notice period. The breach continues as of the date of this Warrant.

7. COUNT I — UNLAWFUL DETAINER FOR NONPAYMENT OF RENT

(Use this Count where the predicate is failure to pay rent.)

7.1. Plaintiff incorporates Sections 2 through 6 above by reference.

7.2. Defendant has failed and refused to pay rent due under the Lease.

7.3. The unpaid rent and other amounts due as of the date of filing total $[________], itemized as follows:

7.4. Plaintiff served the 14-day Pay-or-Quit Notice required by T.C.A. § 66-28-505(a) (or applicable non-URLTA / lease notice) on [__/__/____], attached as Exhibit B.

7.5. Defendant did not pay or vacate, and continues in unlawful detention of the Premises under T.C.A. § 29-18-104.

8. COUNT II — UNLAWFUL DETAINER FOR MATERIAL LEASE BREACH

(Use this Count where the predicate is a non-payment lease violation.)

8.1. Plaintiff incorporates Sections 2 through 6 above by reference.

8.2. Defendant materially breached the Lease and/or the obligations imposed by T.C.A. § 66-28-401, by reason of the following acts or omissions:

[FACT-PLEAD WITH SPECIFICITY — date(s), time(s), conduct, witnesses, lease provisions:]

[________________________________]

8.3. Plaintiff served a 14-day Cure-or-Quit Notice (or 14-day non-curable termination, or 3-day criminal-conduct notice, as applicable) on [__/__/____], attached as Exhibit B.

8.4. [Defendant failed to cure within the cure period / The breach is not remediable under T.C.A. § 66-28-505(a)(3) / The breach is a repeat violation under T.C.A. § 66-28-507].

8.5. The Lease is terminated and Defendant continues in unlawful detention.

9. COUNT III — UNLAWFUL DETAINER FOR HOLDOVER AFTER TERMINATION

(Use this Count where the predicate is no-cause termination, lease expiration, or holdover.)

9.1. Plaintiff incorporates Sections 2 through 6 above by reference.

9.2. The Lease was a [periodic month-to-month / week-to-week / fixed-term] tenancy.

9.3. [Plaintiff served a 30-day (or 10-day) no-cause termination Notice under T.C.A. § 66-28-512 (URLTA) or § 66-7-109 on (__/__/____) / The fixed-term Lease expired by its own terms on (__/__/____) and Defendant failed to vacate].

9.4. The Termination Date specified in the Notice was [__/__/____].

9.5. Defendant has remained in possession of the Premises after the Termination Date without Plaintiff's consent and is liable for wrongful holdover damages of up to one and one-half (1½) times the monthly rent under T.C.A. § 66-28-512(c).

10. COUNT IV — MONEY JUDGMENT FOR RENT AND DAMAGES

10.1. Plaintiff incorporates the foregoing.

10.2. Plaintiff is entitled to a money judgment under T.C.A. § 29-18-125 for:

10.3. Per diem rent shall continue to accrue at $[________] per day from [__/__/____] through the date of surrender or execution of the writ of possession.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

A. Enter judgment for possession of the Premises in favor of Plaintiff and against all Defendants under T.C.A. § 29-18-126;

B. Issue a writ of possession under T.C.A. § 29-18-127 and § 29-18-130 commanding the sheriff to remove Defendants and restore Plaintiff to peaceable possession;

C. Enter a money judgment in the amount of $[________] plus per-diem rent and continuing damages;

D. Award court costs;

E. Award attorney's fees as authorized by the Lease and applicable Tennessee law;

F. Award post-judgment interest at the statutory rate (currently calculated under T.C.A. § 47-14-121); and

G. Grant such further and other relief as is just and equitable.

12. DEMAND FOR WRIT OF POSSESSION

Plaintiff specifically demands issuance of a WRIT OF POSSESSION under T.C.A. § 29-18-127 directing the Sheriff of [COUNTY] County to:

(a) Remove Defendants and any other occupants from the Premises;

(b) Place Plaintiff in peaceable possession;

(c) Direct disposition of personal property left on the Premises in accordance with T.C.A. § 29-18-127 (48-hour preservation rule);

(d) Make return of the writ within twenty (20) days as directed by the statute.

13. VERIFICATION AND OATH

Comes now [NAME OF AFFIANT — Plaintiff or authorized agent], who, after first being duly sworn, states under oath:

1. I am the [Plaintiff / authorized agent of Plaintiff] and have personal knowledge of the facts stated in this Detainer Warrant.

2. The facts alleged are true and correct to the best of my knowledge, information, and belief.

3. The Lease, the predicate Notice, and all exhibits are true and correct copies of the originals.

Affiant: [________________________________]

Print Name: [________________________________]

STATE OF TENNESSEE
COUNTY OF [__________]

Sworn to and subscribed before me on [__/__/____].

Notary Public: [________________________________]

My Commission Expires: [__/__/____]

14. ATTORNEY / PLAINTIFF SIGNATURE BLOCK

Respectfully submitted,

By: [________________________________]

[ATTORNEY NAME], BPR No. [__________] (if represented)

[FIRM NAME]

[ADDRESS]

Phone: [________] | Fax: [________]

Email: [________________________________]

Attorney for Plaintiff

— OR —

[PLAINTIFF / NON-ATTORNEY AGENT NAME] (pro se for individual landlord; corporate landlord must appear by counsel for trial)

15. SERVICE INFORMATION FOR THE SHERIFF / CONSTABLE

To the Sheriff or Constable of [COUNTY] County:

You are commanded to summon Defendants named herein to appear before the General Sessions Court of [COUNTY] County on [HEARING DATE] at [TIME] [AM/PM] at [COURTHOUSE ADDRESS] to answer this Detainer Warrant.

Service must be made at least six (6) days before the hearing per T.C.A. § 29-18-117.

Return of Service:

Date served: [__/__/____] at [TIME]

Officer: [NAME, BADGE/ID]

Manner of Service: [________________________________]

Officer's Signature: [________________________________]

16. TENNESSEE PRACTICE NOTES

16.1. General Sessions Court Is the Default Forum. Under T.C.A. § 29-18-107, detainer warrants are heard in the General Sessions Court of the county where the property lies. Circuit Court has concurrent original jurisdiction but is rarely used for first-instance residential evictions because the docket is faster in General Sessions.

16.2. Six-Day Service Floor. T.C.A. § 29-18-117 requires service at least six (6) days before trial. Service less than six days defeats jurisdiction and requires re-service or postponement.

16.3. Default Judgment. Roughly 50% or more of Tennessee detainer warrants resolve by default. Plaintiff should still present proof of service of the predicate notice and the warrant, plus the Lease and rent ledger.

16.4. Jury Demand. Either party may demand a jury under T.C.A. § 29-18-119, which removes the case to Circuit Court. A jury demand is rarely seen in residential evictions but is increasingly used in habitability-defense cases by tenant counsel.

16.5. Appeal De Novo. Under T.C.A. § 27-5-108, either party may appeal de novo to Circuit Court within ten (10) days. The defendant must post a bond (typically the amount of the judgment plus one year's rent under § 29-18-130 if writ-of-possession execution is to be stayed). Bond requirements have been litigated and recently amended; verify current bond rules.

16.6. Writ of Possession Timing. T.C.A. § 29-18-130 permits immediate execution unless the defendant posts the appeal/stay bond. In practice, sheriffs in Davidson and Shelby County execute writs within 7-21 days of issuance.

16.7. Personal Property — 48-Hour Rule. T.C.A. § 29-18-127 requires the plaintiff/landlord, upon execution, to place the defendant's personal property "in an appropriate area clear of the entrance, and at a reasonable distance from any roadway" and to "not disturb the defendant's personal property for forty-eight (48) hours." After 48 hours, remaining property may be discarded.

16.8. Memphis / Shelby County. Detainer warrants filed in Shelby County General Sessions Court, Civil Division (140 Adams Avenue, Memphis 38103). Filing fee approximately $[verify current fee]. Tenant defenders include Memphis Area Legal Services and Just City.

16.9. Nashville / Davidson County. Detainer warrants filed in Davidson County General Sessions Court (Justice A.A. Birch Building, Nashville). Division VIII (Judge Bell) presides over the L.E.G.A.C.Y. diversionary court for habitability-defense cases. The Eviction Right to Counsel program through Legal Aid Society of Middle Tennessee provides tenant representation.

16.10. Knox / Hamilton / Madison Counties. Each county maintains its own General Sessions Court detainer schedule and local rule book. Knoxville Bar Association Pro Bono Project and Legal Aid of East Tennessee staff Knox/Hamilton; West Tennessee Legal Services covers Madison.

16.11. Self-Help Bar. A landlord cannot lock out, shut off utilities, or remove doors/windows without judicial process. T.C.A. § 66-28-504 (URLTA) and Tennessee common law in non-URLTA counties.

16.12. HUD-Subsidized Tenancies. Public housing (24 C.F.R. § 966), HCV (24 C.F.R. § 982), project-based Section 8 (24 C.F.R. § 247), and RD/USDA tenancies require additional notice content and grievance procedures. Failure to comply is a defense.

16.13. CARES Act 30-Day Notice (Federally Backed Properties). Pub. L. No. 116-136 § 4024 imposed a 30-day notice requirement for "covered properties" (federally backed mortgages, LIHTC, federal subsidies). Most courts continue to apply this notice requirement post-pandemic; verify current status.

16.14. Mobile Home Park. T.C.A. § 66-28-201 supplies additional procedural protections including longer notice for park-rule violations.

17. SOURCES AND REFERENCES

• T.C.A. § 29-18-101 et seq. (Forcible entry and detainer): https://law.justia.com/codes/tennessee/title-29/chapter-18/
• T.C.A. § 29-18-104 (Unlawful detainer): https://law.justia.com/codes/tennessee/title-29/chapter-18/section-29-18-104/
• T.C.A. § 29-18-117 (Time of trial): https://law.justia.com/codes/tennessee/title-29/chapter-18/section-29-18-117/
• T.C.A. § 29-18-127 (Form of execution / writ): https://law.justia.com/codes/tennessee/2021/title-29/chapter-18/section-29-18-127/
• T.C.A. § 29-18-130 (Immediate execution / bond): https://law.justia.com/codes/tennessee/title-29/chapter-18/section-29-18-130/
• T.C.A. § 27-5-108 (Appeal de novo): https://law.justia.com/codes/tennessee/title-27/chapter-5/section-27-5-108/
• T.C.A. § 66-28-101 et seq. (URLTA): https://law.justia.com/codes/tennessee/title-66/chapter-28/
• T.C.A. § 66-7-109 (Non-URLTA): https://law.justia.com/codes/tennessee/title-66/chapter-7/section-66-7-109/
• TN Courts Detainer Warrant Form: https://www.tncourts.gov/sites/default/files/docs/detainer_summons_8_10.pdf
• TN Courts Landlord-Tenant Presentation: https://www.tncourts.gov/sites/default/files/docs/landlordtenant_-_presentation_0.pdf
• Painebickers MJK URLTA Memo: https://www.painebickers.com/wp-content/uploads/2018/12/MJK-2018-URLTA-Memo-on-Tennessee-Eviction-Procedures-and-Sample-Notices.pdf
• Help4TN: https://www.help4tn.org/
• Knox County Sample Detainer Warrant: https://www.knoxcounty.org/circuit/pdfs/detainer_warrant.pdf
• Davidson County Sheriff Civil Warrants: https://sheriff.nashville.gov/civil-warrants-division/
• Legal Aid Society of Middle Tennessee: https://las.org/
• Memphis Area Legal Services: https://malsi.org/