How Do I Evict a Tenant at Will in Tennessee?
Full Question:
Answer:
A tenant without a lease is generally considered a tenant-at-will. Tennesse law requires at least 30 days written notice to terminate a monthly tenancy at will, and 10 days written notice to terminate a weekly tenancy. The length of the tenancy is determined by the period between when rent payments are due. Therefore, if rent is due monthly, a tenant is considered a monthly tenant.
Please see the Tennessee statute below:
66-28-512. Termination of periodic tenancy — Holdover remedies.
(a) The landlord or the tenant may terminate a week-to-week tenancy by
a written notice given to the other at least ten (10) days prior to the
termination date specified in the notice.
(b) The landlord or the tenant may terminate a month-to-month tenancy
by a written notice given to the other at least thirty (30) days prior to
the periodic rental date specified in the notice.
(c) If the tenant remains in possession without the landlord's consent
after expiration of the term of the rental agreement or its termination,
the landlord may bring an action for possession and if the tenant's
holdover is willful and not in good faith, the landlord, in addition, may
recover actual damages sustained by the landlord, plus reasonable
attorney's fees. If the landlord consents to the tenant's continued
occupancy, § 66-28-201(c) applies.
