Eviction Notice and Unlawful Detainer (Detainer Warrant) Package

EVICTION NOTICE AND DETAINER WARRANT PACKAGE — TENNESSEE

TABLE OF CONTENTS

1. Part A — Notice to Quit / Termination of Tenancy
2. Part B — Detainer Warrant (Complaint for Possession)
3. Part C — Summons
4. Part D — Certificate / Affidavit of Service of Notice
5. Tennessee Practice Notes
6. Pre-Filing Checklist
7. Sources and References

PART A — NOTICE TO QUIT / TERMINATION OF TENANCY

A-1. URLTA Counties — Notice to Pay Rent or Cure Material Noncompliance

TO: [TENANT FULL LEGAL NAME(S)] and all other occupants

PREMISES: [________________________________] (street address, unit, city, county, Tennessee, ZIP)

FROM: [LANDLORD FULL LEGAL NAME], [LANDLORD MAILING ADDRESS]

DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED, pursuant to Tenn. Code Ann. § 66-28-505, that you are in material noncompliance with the rental agreement and/or in violation of Tenn. Code Ann. § 66-28-401 in a manner materially affecting health and safety, as specifically described below:

Description of breach: [________________________________]

Amount of rent and other sums due (itemized):

YOU HAVE FOURTEEN (14) DAYS after receipt of this notice to remedy the breach by payment of the sums above or by curing the noncompliance described.

IF THE BREACH IS NOT REMEDIED WITHIN THE PERIOD STATED, THE RENTAL AGREEMENT SHALL TERMINATE on [__/__/____], and the landlord will seek possession of the premises by filing a detainer warrant in the General Sessions Court.

☐ NOTICE REGARDING REPAIRS: All repairs to be made by the tenant to remedy the breach must be requested in writing by the tenant and AUTHORIZED IN WRITING BY THE LANDLORD prior to such repairs being made. (Tenn. Code Ann. § 66-28-505(a)(2)(A).)

☐ RECURRENCE WARNING: If substantially the same act or omission recurs within six (6) months, the landlord may terminate the rental agreement upon seven (7) days' written notice without a further opportunity to cure. (Tenn. Code Ann. § 66-28-505(a)(2)(B).)

Payment / cure instructions: [________________________________]

Landlord signature: [________________________________]
Print name: [________________________________]
Date: [__/__/____]

A-2. URLTA Counties — Three-Day Notice for Conduct Listed in § 66-28-517

TO: [TENANT FULL LEGAL NAME(S)] and all other occupants

PREMISES: [________________________________]

YOU ARE HEREBY NOTIFIED, pursuant to Tenn. Code Ann. § 66-28-517, that the rental agreement is terminated effective THREE (3) DAYS from receipt of this notice based on the following conduct:

☐ Willful or intentional violent act
☐ Behavior constituting or threatening a real and present danger to the health, safety, or welfare of the life or property of other tenants or persons on the premises
☐ Hazardous or unsanitary condition affecting the health, safety, or welfare of the life or property of other tenants or persons on the premises
☐ Refusal to vacate after entering as an unauthorized subtenant or other unauthorized occupant

Specific facts: [________________________________]

This notice must specifically detail the violation and is effective only upon receipt. The tenant has immediate access to a court of competent jurisdiction to seek an injunction. If domestic abuse is the underlying offense, the protections and conditions in Tenn. Code Ann. § 66-28-517(g) require individualized legal review.

Landlord signature: [________________________________] Date: [__/__/____]

A-3. Non-URLTA Counties — Notice of Termination Under § 66-7-109

TO: [TENANT FULL LEGAL NAME(S)]

PREMISES: [________________________________]

YOU ARE HEREBY NOTIFIED, pursuant to Tenn. Code Ann. § 66-7-109, that your tenancy is terminated for the following reason:

☐ Neglect or refusal to pay rent due and in arrears upon demand — fourteen (14) days' notice
☐ Willful or intentional violent act or behavior constituting or threatening a real and present danger to health, safety, or welfare — fourteen (14) days' notice, unless counsel confirms the special three-day rule in § 66-7-109(d)
☐ Damage beyond normal wear and tear — fourteen (14) days' notice
☐ Substantially similar nonpayment or damage breach recurring within six (6) months — at least fourteen (14) days' written notice
☐ Other lease default — thirty (30) days' termination notice under § 66-7-109(b)

Amount of rent in arrears (if applicable): $[________]

Description of breach / damage: [________________________________]

Termination date: [__/__/____]. You must vacate and surrender possession by that date or a detainer warrant will be filed.

Landlord signature: [________________________________] Date: [__/__/____]

A-4. URLTA Thirty-Day Notice — Termination of Month-to-Month Tenancy

TO: [TENANT FULL LEGAL NAME(S)]

PREMISES: [________________________________]

YOU ARE HEREBY NOTIFIED, pursuant to Tenn. Code Ann. § 66-28-512, that your month-to-month tenancy is terminated effective [__/__/____]. This written notice must be given at least thirty (30) days before the periodic rental date specified in the notice. Section 66-7-109(c) does not supply a non-URLTA month-to-month termination rule; obtain Tennessee legal review before using this form outside a URLTA county.

You must vacate the premises and return possession on or before that date.

Landlord signature: [________________________________] Date: [__/__/____]

Service of Notice (All Forms)

For URLTA notices, Tenn. Code Ann. §§ 66-28-106 and 66-28-108 govern notice and electronic notification. Because several periods run from receipt, preserve reliable proof of delivery. For non-URLTA notices, have counsel confirm the governing delivery method. Do not assume posting alone is sufficient.

☐ Personal delivery to tenant
☐ Written notice delivered to the tenant's last known or lease-designated address
☐ Electronic notification to an email address the tenant provided in the rental agreement
☐ Other counsel-confirmed method: [________________________________]

Method used: [________________________________]
Date and time of service: [__/__/____] at [____]
Server's name and signature: [________________________________]

PART B — DETAINER WARRANT (COMPLAINT FOR POSSESSION)

Caption

IN THE GENERAL SESSIONS COURT FOR [____________] COUNTY, TENNESSEE

Civil Docket No. [________________________________]

DETAINER WARRANT — COMPLAINT FOR POSSESSION OF REAL PROPERTY
(Tenn. Code Ann. § 29-18-101 et seq.)

1. Parties

1.1 Plaintiff [LANDLORD NAME] is the ☐ owner ☐ authorized agent ☐ property manager of the premises described below, with a mailing address of [________________________________].

1.2 Defendant [TENANT NAME] is the tenant in possession of the premises pursuant to a ☐ written ☐ oral rental agreement dated [__/__/____].

1.3 Additional occupants known to Plaintiff: [________________________________].

2. Premises

2.1 The premises (the "Premises") are located at:

[________________________________] (street address, unit number, city, [____________] County, Tennessee, ZIP [____]).

2.2 Type of premises: ☐ Single-family dwelling ☐ Apartment ☐ Mobile home ☐ Other: [____________]

3. Jurisdiction and Venue

3.1 This Court has subject-matter jurisdiction over forcible entry and unlawful detainer actions pursuant to Tenn. Code Ann. § 29-18-107.

3.2 This General Sessions Court has territorial jurisdiction over the Premises under Tenn. Code Ann. § 29-18-107. Section 29-18-104 defines unlawful detainer; it is not an independent venue rule.

4. Tenancy and Rental Terms

4.1 Monthly rent: $[________], due on the [____] day of each month.

4.2 Security deposit: $[________].

4.3 Lease term: ☐ Month-to-month ☐ Fixed term beginning [__/__/____] and ending [__/__/____].

4.4 The rental agreement is ☐ attached as Exhibit A ☐ oral and described in paragraph 4.5.

4.5 [If oral, describe terms: ________________________________]

5. Grounds for Detainer

(Select all that apply.)

☐ 5.1 Nonpayment of rent. Defendant has failed to pay rent due and owing in the amount of $[________] for the period [__/__/____] through [__/__/____], plus late fees of $[________] and other sums of $[________].

☐ 5.2 Material noncompliance / lease violation. Defendant has materially breached the rental agreement as follows: [____________].

☐ 5.3 Holdover after termination of tenancy. The tenancy was terminated effective [__/__/____] and Defendant has unlawfully held over.

☐ 5.4 Damage beyond ordinary wear and tear. [Describe: ____________]

☐ 5.5 Illegal drug activity / violent acts. [Describe: ____________] (Tenn. Code Ann. § 66-28-517.)

6. Pre-Suit Notice

6.1 On [__/__/____], Plaintiff served Defendant with a written [__]-day notice (Part A, attached as Exhibit B), pursuant to Tenn. Code Ann. ☐ § 66-28-505 ☐ § 66-28-517 ☐ § 66-7-109 ☐ § 66-28-512.

6.2 Method of service of notice: [________________________________].

6.3 The notice period has expired and Defendant has failed to cure the breach and/or vacate the Premises.

7. Amounts Claimed

Plaintiff also seeks rent accruing through the date of judgment and possession.

8. Prayer for Relief

WHEREFORE, Plaintiff prays that this Court:

(a) Issue a Summons commanding Defendant to appear and answer this Detainer Warrant;
(b) Award Plaintiff immediate possession of the Premises;
(c) Award a money judgment in the amount stated in paragraph 7, plus rent accruing through the date of judgment;
(d) Award court costs and, if authorized by the lease, attorney's fees;
(e) Issue a Writ of Possession to be executed not less than ten (10) days after judgment, pursuant to Tenn. Code Ann. § 29-18-126; and
(f) Grant such other and further relief as the Court deems just.

9. Verification

I, [LANDLORD / AGENT NAME], declare under penalty of perjury under the laws of the State of Tennessee that the foregoing is true and correct to the best of my knowledge.

Signature: [________________________________]
Print name and title: [________________________________]
Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

Notary / Clerk: [________________________________]
My commission expires: [__/__/____]

PART C — SUMMONS

IN THE GENERAL SESSIONS COURT FOR [____________] COUNTY, TENNESSEE

Civil Docket No. [________________________________]

SUMMONS — DETAINER WARRANT

TO: [DEFENDANT NAME], [DEFENDANT ADDRESS]

You are SUMMONED to appear and defend a civil action filed against you in the General Sessions Court for [____________] County, Tennessee. A hearing will be held on:

Date: [__/__/____] Time: [____] Courtroom: [________]

Court address: [________________________________]

If you fail to appear, a judgment by default may be entered against you for the relief demanded in the Detainer Warrant, including possession of the Premises.

Under Tenn. Code Ann. § 29-18-115, the summons must be served at least six (6) days before the appearance date. Section 29-18-119 governs the manner of trial; it is not the source of the six-day service rule.

Issued this [____] day of [____________], 20[____].

Clerk of the General Sessions Court: [________________________________]

Return of Service

I served this Summons and a copy of the Detainer Warrant on the Defendant(s) as follows:

☐ Personal service on [__/__/____] at [____] upon [____________]
☐ Substitute service on a person of suitable age at the residence: [____________]
☐ After three documented unsuccessful service attempts on different dates, posting on the door plus mailing as authorized by Tenn. Code Ann. § 29-18-115 (possession claim only; not a money judgment)
☐ Other (specify): [____________]

Officer / Server: [________________________________]
Title: [____________]
Signature: [________________________________] Date: [__/__/____]

PART D — CERTIFICATE / AFFIDAVIT OF SERVICE OF NOTICE

STATE OF TENNESSEE
COUNTY OF [____________]

I, [AFFIANT NAME], being first duly sworn, depose and state:

1. I am over the age of eighteen (18) and competent to testify to the matters set forth herein.

2. On [__/__/____], at approximately [____], I delivered a true and correct copy of the Notice to Quit / Termination of Tenancy attached hereto as Exhibit 1 to [TENANT NAME] by the following counsel-confirmed method:

☐ Personal delivery to the tenant at [____________]
☐ Written notice delivered to the tenant's last known or lease-designated address
☐ Electronic notification to an email address the tenant provided in the rental agreement
☐ Other: [________________________________]

3. The Premises served are located at [________________________________].

4. [Optional — additional facts: ____________]

Affiant signature: [________________________________]
Print name: [________________________________]
Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

Notary Public: [________________________________]
Commission expires: [__/__/____]

TENNESSEE PRACTICE NOTES

• URLTA applicability. URLTA applies only in Tennessee counties with population greater than 75,000 under the 2010 federal census. In non-URLTA counties, § 66-7-109 controls residential termination, and §§ 66-28-505 and 66-28-517 do not apply.
• Failed 2025 proposal. HB 1345 / SB 1088 in the 114th General Assembly proposed shortening certain fourteen-day periods to seven days but did not become law. Do not use a lease-date-dependent seven-day cure period based on that failed proposal.
• Demand and arrears. For non-URLTA § 66-7-109 nonpayment terminations, rent must be both due and in arrears, and demand made, before notice is effective.
• Six-day rule. Tenn. Code Ann. § 29-18-115 requires service of the summons at least six (6) days before the appearance date. Section 29-18-119 addresses the manner of trial.
• Writ of Possession — 10-day stay. Tenn. Code Ann. § 29-18-126 stays issuance of the writ of possession for ten (10) days after judgment to permit appeal to circuit court.
• De novo appeal. Defendant may appeal a General Sessions judgment to circuit court within ten (10) days, with bond. Tenn. Code Ann. § 29-18-128 et seq.
• No self-help. Do not change locks, remove belongings, interrupt essential services, or recover possession without a counsel-confirmed statutory basis or judicial process.
• Service of notice. URLTA notice is governed by §§ 66-28-106 and 66-28-108. Do not import the detainer-summons posting procedure in § 29-18-115 into a prefiling termination notice.
• Subsidized housing. Federal or program-specific rules may require additional notice, content, or grievance procedures; verify the current governing program before filing.

PRE-FILING CHECKLIST

☐ Confirmed URLTA / non-URLTA status of county
☐ Selected the current notice period without relying on failed HB 1345 / SB 1088
☐ Identified all adult occupants for service
☐ Properly drafted and served the Notice to Quit
☐ Notice period has expired without cure / surrender
☐ Computed itemized rent, late fees, and damages
☐ Verified ownership / agency authority to sue
☐ Confirmed any entity-representation requirement with the filing court or Tennessee counsel
☐ Attached lease as exhibit
☐ Attached Notice as exhibit
☐ Filed in the correct county (where premises located)
☐ Confirmed General Sessions filing fee and service costs
☐ Checked for any applicable bankruptcy stay, servicemember protection, federal program rule, or local restriction

SOURCES AND REFERENCES

• Tenn. Code Ann. § 66-28-505 (URLTA noncompliance).
• Tenn. Code Ann. § 66-28-517 (URLTA specified three-day grounds).
• Tenn. Code Ann. § 66-28-512 (URLTA periodic tenancy).
• Tenn. Code Ann. § 66-7-109 (non-URLTA termination).
• Tenn. Code Ann. § 29-18-101 et seq. (Forcible Entry and Detainer).
• Tennessee General Assembly HB 1345 / SB 1088 bill status (failed proposal): https://wapp.capitol.tn.gov/apps/BillInfo/Default?BillNumber=HB1345&ga=114
• Tennessee Court of the Judiciary, General Sessions forms (verify local court website).