Legal Notice - Eviction

TENNESSEE EVICTION NOTICE

Notice to Pay Rent or Vacate / Notice to Cure or Vacate / Unconditional Notice to Vacate

Compliant with the Tennessee Uniform Residential Landlord and Tenant Act (URLTA)
Tenn. Code Ann. § 66-28-101 et seq.

IMPORTANT PRELIMINARY NOTE: URLTA APPLICABILITY

The Tennessee Uniform Residential Landlord and Tenant Act (URLTA) applies to residential rental agreements in counties with a population of 75,000 or more as determined by the most recent federal census (Tenn. Code Ann. § 66-28-102). URLTA counties include, but are not limited to: Shelby, Davidson, Knox, Hamilton, Rutherford, Williamson, Montgomery, Sumner, Sullivan, Wilson, Blount, Washington, Bradley, Maury, Madison, Sevier, Putnam, and Anderson.

☐ This Premises IS located in a URLTA county. Sections referencing URLTA apply.

☐ This Premises IS NOT located in a URLTA county. Common law and Tenn. Code Ann. § 66-7-109 (Forcible Entry and Detainer) apply. Consult counsel regarding applicable notice periods.

LANDLORD INFORMATION

Landlord Name: [________________________________]

Landlord Address: [________________________________]

City, State, ZIP: [________________________________] Tennessee [____]

Telephone: [________________________________]

Email: [________________________________]

Property Manager / Agent (if applicable): [________________________________]

TENANT INFORMATION

Tenant Full Legal Name(s):

1. [________________________________]
2. [________________________________]
3. [________________________________]

And all other occupants, subtenants, and persons in possession.

PREMISES INFORMATION

Property Address: [________________________________]

Unit/Apartment No.: [________________________________]

City: [________________________________] County: [________________________________]

State: Tennessee ZIP: [____]

County Population (URLTA determination): [________________________________]

Lease/Rental Agreement Date: [__/__/____]

Monthly Rent Amount: $[________________________________]

Lease Type: ☐ Written Lease ☐ Oral Agreement ☐ Month-to-Month ☐ Fixed-Term

DATE AND SERVICE INFORMATION

Date of This Notice: [__/__/____]

Date of Service on Tenant: [__/__/____]

Cure/Compliance Deadline: [__/__/____]

Vacate Deadline (if cure not completed): [__/__/____]

PART I: TYPE OF NOTICE

Select the applicable notice type. Check one box and complete the corresponding section in Part II.

☐ A. 14-Day Notice to Pay Rent or Vacate
(Tenn. Code Ann. § 66-28-505(b); non-payment of rent; tenant has 14 days to pay in full or vacate)

☐ B. 14-Day Notice to Cure Lease Violation or Vacate
(Tenn. Code Ann. § 66-28-505(a); material breach of lease; tenant has 14 days to cure or vacate)

☐ C. 14-Day Unconditional Notice to Vacate -- Non-Remediable Breach
(Tenn. Code Ann. § 66-28-505(a); breach that cannot be remedied by repair or payment; no cure right)

☐ D. 7-Day Unconditional Notice to Vacate -- Repeat Violation
(Tenn. Code Ann. § 66-28-505(c); substantially the same noncompliance within 6 months of prior notice)

☐ E. 30-Day Notice to Terminate Tenancy -- No Cause (Month-to-Month)
(Common law; applies in non-URLTA counties or for month-to-month tenancies without cause)

☐ F. 3-Day Notice to Vacate -- Dangerous or Criminal Conduct
(Tenn. Code Ann. § 66-28-505(e); imminent danger to health, safety, or property)

PART II: DETAILED STATEMENT OF DEFAULT OR GROUNDS

Section A: Non-Payment of Rent (14-Day Notice)

Tenant has failed to pay rent as required under the Lease/rental agreement:

Total Past-Due Rent: $[________________________________]

Late Fees (per Lease): $[________________________________]

Other Charges (itemize): $[________________________________]

Total Amount Required to Cure: $[________________________________]

NOTICE: Pursuant to Tenn. Code Ann. § 66-28-505(b), Tenant has fourteen (14) days from receipt of this Notice to pay the total amount required to cure in full. If the total amount is not paid in full within the 14-day period, the rental agreement will terminate on [__/__/____], and Tenant must vacate the Premises by 11:59 p.m. on that date.

Payment must be in: ☐ Certified Funds ☐ Money Order ☐ Cashier's Check ☐ Other: [________________________________]

Payment must be delivered to: [________________________________]

Section B: Lease Violation -- Curable (14-Day Notice)

Tenant has materially breached the Lease/rental agreement in the following manner:

Lease Provision(s) Violated: [________________________________]

Description of Violation:

[________________________________]

[________________________________]

[________________________________]

Date(s) Violation Occurred or Was Discovered: [________________________________]

NOTICE: Pursuant to Tenn. Code Ann. § 66-28-505(a), Tenant has fourteen (14) days from receipt of this Notice to cure the breach described above. The cure must include: [________________________________]

If the breach is not fully cured within the 14-day period, the rental agreement will terminate on [__/__/____], and Tenant must vacate the Premises by 11:59 p.m. on that date.

Section C: Non-Remediable Breach (14-Day Notice -- No Cure)

Tenant has committed a breach that cannot be remedied by repair, payment of damages, or other corrective action. The breach is described as follows:

[________________________________]

[________________________________]

[________________________________]

NOTICE: Pursuant to Tenn. Code Ann. § 66-28-505(a), because this breach is not remediable, no cure is permitted. The rental agreement will terminate fourteen (14) days from receipt of this Notice, on [__/__/____]. Tenant must vacate the Premises by 11:59 p.m. on that date.

Section D: Repeat Violation (7-Day Notice -- No Cure)

Tenant previously received a written notice of substantially the same noncompliance on [__/__/____] (the "Prior Notice"). Tenant has committed substantially the same noncompliance within six (6) months of the Prior Notice.

Description of Current Violation: [________________________________]

Description of Prior Violation (from Prior Notice): [________________________________]

Date of Prior Notice: [__/__/____]

NOTICE: Pursuant to Tenn. Code Ann. § 66-28-505(c), because this is a repeat violation of substantially the same type within six months, no cure is permitted. The rental agreement will terminate seven (7) days from receipt of this Notice, on [__/__/____]. Tenant must vacate the Premises by 11:59 p.m. on that date.

Section E: Month-to-Month Tenancy Termination (30-Day Notice)

NOTICE: Landlord hereby terminates the month-to-month tenancy effective [__/__/____], which is at least thirty (30) days from the date of service of this Notice. Tenant must vacate the Premises by 11:59 p.m. on that date.

Section F: Dangerous or Criminal Conduct (3-Day Notice)

Tenant or a person on the Premises with Tenant's consent has engaged in conduct that creates an imminent danger to health, safety, or welfare of other tenants, the Landlord, or any person on or near the Premises, including but not limited to:

[________________________________]

[________________________________]

NOTICE: Pursuant to Tenn. Code Ann. § 66-28-505(e), the rental agreement will terminate three (3) days from receipt of this Notice, on [__/__/____]. No cure is permitted. Tenant must vacate the Premises by 11:59 p.m. on that date.

PART III: SURRENDER OBLIGATIONS

Upon vacating the Premises, Tenant shall:

1. Remove all personal property, furnishings, and belongings;
2. Return all keys, access cards, remotes, and security devices to Landlord at: [________________________________];
3. Leave the Premises in a clean and habitable condition, ordinary wear and tear excepted;
4. Provide Landlord with a forwarding address for return of the security deposit pursuant to Tenn. Code Ann. § 66-28-301;
5. Disconnect or transfer all utilities in Tenant's name;
6. Remove all trash, debris, and hazardous materials.

PART IV: CONSEQUENCES OF FAILURE TO COMPLY

If Tenant fails to comply with this Notice within the time period specified, Landlord may:

1. File a detainer warrant in the [________________________________] County General Sessions Court seeking a judgment for possession of the Premises;
2. Recover past-due rent, holdover damages, court costs, and reasonable attorney's fees as permitted by the Lease and Tenn. Code Ann. § 66-28-505;
3. Obtain a writ of possession to be executed by the County Sheriff, removing Tenant and Tenant's belongings from the Premises;
4. Pursue all additional remedies available under the Lease, URLTA, or Tennessee common law.

PART V: TENANT RIGHTS AND INFORMATION

1. Right to Cure. For non-payment of rent (14-day notice) and curable lease violations (14-day notice), you have the right to cure the breach within the notice period. If cured in full, the tenancy continues.

2. No Cure for Repeat Violations. If you received a prior notice for the same type of violation within the past 6 months, no cure period is provided under Tenn. Code Ann. § 66-28-505(c).

3. Right to Contest. You have the right to appear in General Sessions Court and contest the eviction. You may raise defenses including improper notice, retaliatory eviction, discrimination, uninhabitable conditions, and others.

4. Retaliatory Eviction. Under Tenn. Code Ann. § 66-28-512, it is unlawful for a landlord to retaliate against a tenant by increasing rent, decreasing services, or threatening eviction because the tenant has complained about housing conditions, organized or joined a tenant organization, or exercised any legal right.

5. Legal Assistance. You have the right to consult an attorney. Contact:
   - Tennessee Bar Association Lawyer Referral: (615) 383-7421
   - Legal Aid Society of Middle Tennessee: (615) 244-6610
   - Memphis Area Legal Services: (901) 523-8822
   - Legal Aid of East Tennessee: (865) 637-0484

6. Security Deposit. Landlord must return your security deposit, less lawful deductions, within thirty (30) days after you vacate and provide a forwarding address. An itemized list of deductions must be provided. See Tenn. Code Ann. § 66-28-301.

7. Subsidized Housing. If your rental unit is subsidized by a federal housing program (Section 8, USDA Rural Housing, etc.), additional federal notice requirements may apply. Notify your housing authority or program administrator immediately.

8. Domestic Violence. Tennessee law provides certain protections for victims of domestic violence. Consult an attorney if you believe this applies to your situation.

PART VI: RESERVATION OF RIGHTS

Landlord expressly reserves all rights and remedies available under the Lease, URLTA, and Tennessee law, all of which are cumulative and not exclusive. Nothing in this Notice constitutes a waiver of any right, a release of any guarantor, or an acceptance of partial cure. Acceptance of partial rent after service of this Notice shall not constitute a waiver unless Landlord expressly agrees in a separate signed writing.

PART VII: GOVERNING LAW AND VENUE

Governing Law: This Notice and all matters arising from the tenancy shall be governed by the laws of the State of Tennessee, including the Uniform Residential Landlord and Tenant Act (Tenn. Code Ann. § 66-28-101 et seq.) where applicable.

Venue: Any action for possession shall be filed in the [________________________________] County General Sessions Court, or such other court of competent jurisdiction.

Jury Trial. Nothing herein waives either party's constitutional right to a jury trial.

PART VIII: METHOD OF SERVICE

This Notice was served on the Tenant by the following method(s):

☐ Personal delivery to Tenant at the Premises on [__/__/____] at [____] a.m./p.m.

☐ Personal delivery to a person of suitable age and discretion residing at the Premises, namely [________________________________], on [__/__/____].

☐ Certified mail, return receipt requested, addressed to Tenant at the Premises. Date mailed: [__/__/____]. Tracking No.: [________________________________]

☐ Posting a true copy in a conspicuous place on the Premises AND mailing a true copy via first-class U.S. Mail, postage prepaid, to Tenant at the Premises, on [__/__/____].

(Retain photographs, certified mail receipts, and all proof of service for court.)

PART IX: CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], I served a true and correct copy of this Notice upon the above-named Tenant(s) by the method(s) indicated in Part VIII above.

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

PART X: LANDLORD EXECUTION

Signature: _______________________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Entity Name (if applicable): [________________________________]

Date: [__/__/____]

PART XI: OPTIONAL TENANT ACKNOWLEDGMENT

(Tenant signature is not required for this Notice to be effective.)

I, the undersigned Tenant, acknowledge receipt of this Notice on [__/__/____].

Tenant Signature: _______________________________________________

Printed Name: [________________________________]

PRACTICE NOTES FOR COUNSEL

1. URLTA Applicability. Confirm the county population. If the Premises is in a non-URLTA county, common law governs and the 14-day cure periods under § 66-28-505 may not apply. In non-URLTA counties, a 30-day notice is generally required to terminate any tenancy.

2. 14-Day Period Computation. Do not count the day of service. The 14-day period begins the day after service. If the last day falls on a weekend or holiday, consult Tennessee Rules of Civil Procedure regarding computation.

3. Repeat Violation -- 7-Day Notice. The prior notice must have been for "substantially the same noncompliance" and served within the preceding 6 months. Maintain a copy of the prior notice and proof of service.

4. General Sessions Court. The detainer warrant is filed in General Sessions Court. The tenant must be served with the warrant at least 6 days before the court date (Tenn. Code Ann. § 29-18-115). If the tenant contests, the case may be appealed to Circuit Court.

5. Subsidized Housing. For Section 8 and other federally subsidized units, additional notice requirements under 42 U.S.C. § 1437d and 24 C.F.R. Part 966 apply. Federal "good cause" requirements may supersede URLTA.

6. Mobile Homes. The Tennessee Uniform Residential Landlord and Tenant Act has special provisions for mobile home lots (Tenn. Code Ann. § 66-28-601 et seq.), including longer notice periods.

7. Dangerous Conduct (3-Day Notice). This is an extraordinary remedy. Document the danger thoroughly, including police reports, photographs, and witness statements. Courts scrutinize these notices closely.

8. Local Court Rules. Some counties require mediation before a hearing. Check local rules for the county where the Premises is located.

SOURCES AND REFERENCES

• Tenn. Code Ann. § 66-28-101 et seq. -- Uniform Residential Landlord and Tenant Act
• Tenn. Code Ann. § 66-28-102 -- URLTA Applicability (County Population)
• Tenn. Code Ann. § 66-28-301 -- Security Deposit Requirements
• Tenn. Code Ann. § 66-28-505 -- Noncompliance by Tenant; Failure to Pay Rent
• Tenn. Code Ann. § 66-28-506 -- Noncompliance by Tenant; Non-Remediable Breach
• Tenn. Code Ann. § 66-28-507 -- Absence, Nonuse, and Abandonment
• Tenn. Code Ann. § 66-28-512 -- Retaliatory Eviction
• Tenn. Code Ann. § 66-28-601 et seq. -- Mobile Home Lot Provisions
• Tenn. Code Ann. § 29-18-101 et seq. -- Unlawful Detainer
• Tenn. Code Ann. § 29-18-115 -- Service of Detainer Warrant
• Tenn. Code Ann. § 66-7-109 -- Forcible Entry and Detainer
• 42 U.S.C. § 1437d -- Federal Public Housing Requirements (if applicable)

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used without review and customization by a licensed Tennessee attorney. Laws change frequently; verify all citations before use.