I want to serve an eviction notice. Is there a certain proceedure?

Question

I want to give an eviction notice to people living on my property in TN. I know I have to give 30 days notice but is there any certain way I have to give them the notice for it to be legaly binding.

Its month to month and the tenate is willing to leave but I dont trust them entirly so I want to do everything right

Answer 1

YOu must give them a notice of eviction. After 30 days you can seek an eviction with the court. They have to reply. Then get an eviction. Be carefull as they have more rights than you do in this situation. It is better if you can resolve the situation between you and the renter. An evection can drag out for months while you loose rent on your property.

Answer 2

You need to check the requirements of your state!

When researching your question on the internet I found the following:

~30 days. once you have been served with a writ of eviction, you have 30 days to vacate the premises. this includes you and all your personal property.

~After the 30th day, if you are still on the premises, the sheriff dept. will enter your dwelling and move your property out of the dwelling and into the public street.

Also found on the internet:

A landlord can't begin an eviction lawsuit without first legally terminating the tenancy. This means giving the tenant adequate written notice, in a specified way and form. If the tenant doesn't move (or reform -- for example, by paying the rent or finding a new home for the dog), you can then file a lawsuit to evict. (Technically, this is called an unlawful detainer, or UD, lawsuit.)

State laws set out very detailed requirements to end a tenancy. Different types of termination notices are required for different types of situations, and each state has its own procedures as to how termination notices and eviction papers must be written and delivered ("served").

Contact your local District Attorneys Office or the Office of the Court Clerk for more specific requirements in Tennessee!

Best wishes!

Answer 3

I was a property manager in Virginia and then in South Carolina. I don't know the exact procedure in TN, but in most states it's pretty much the same. You first need to send the tenant a Notice of Default to let them know in writing that they are late on rent and you plan to file for eviction with the local magistrate or the general district court. You can probably google an example of one if you don't already have one. Once you have done that, most states require that you wait 5 days and then you can go to the magistrate or general district court (whichever is used for this in your area) and file first eviction papers. Filing these papers will cost you something, probably between $25 and $50. If you don't already have the required forms, they'll give them to you to fill out when you file. Once you file for eviction the courts will serve the notice to the resident. You may also have to mail a copy to the resident. Depending on your states requirements, a court date may be set for you to go get the writ of eviction or you may just have to go to the magistrates office and pick one up. Once that is done, depending again on your state laws, you can change the locks and evict your resident or you may have to wait and have a sheriff come and do the eviction with you. If that's the case, the sheriff's office will call to schedule. Again, depending on the laws in your state, you may have to put everything in the apartment/house out on the street when you do the eviction, however, some states allow you to do a 24 hour lockout, in which you change the locks and the resident has 24 hours to reclaim their personal property, but only while your office is open. If they don't come back, you can keep anything left in the apartment and sell it to recoup any lost rent.

I hope this helps, but I would definitely suggest calling your local magistrate office or general district court to find out exactly what your state requires. They will be able to guide you on what exactly you need to do.

Answer 4

First of all, do they have a lease? If they do, it is impossible to evict them except for a serious violation of the lease (like refusal to pay rent). You own the property, but the lease gives them the legal right to use of that property. Depending on the area, that right can be vigorously defended by the local laws.

Because the laws and procedures vary so much from area to area, you need a lawyer. Understand something here, in certain municipalities, acting illegally can have SERIOUS consequences for you. For example. In Chicago, there is a lockout law. If you have a non-payer but have not formally gone through eviction proceedings for them, and you lock them out of the property by either using a lockout device or simply changing the locks when they are not home, the result will be the police arresting you and you going to jail. Many municipalities have similar little quirks that aren't widely known about. Hence, the need for a lawyer.

If you are going to evict someone, you need to dot every i and cross every t.

Answer 5

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Answer 6

I don't know the exact set up of courts in TN, but in PA you go through what is called a district court -- which is below even the county level. It is sort of like a small claims court.

Someone there should be able to give you the exact procedure for your state.

Answer 7

Yes, you have to file an unlawful detainer petition with the court that has jurisdiction over the property in question.

Answer 8

U just tell them they have 90 days to get their belongings off your property, u dont need anything but your word.
And if they dont get off then, the cops will help u get them off.

Answer 9

IN HAND by way of a Constable.

Answer 10

i suggest the 3 biggest, meanest lookin bouncers you can find...and while your giving them notice.."suggest" to them its best they leave that very day....