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The Grounds for Evicting a Tenant in Memphis

HomeRiver Group Memphis - Friday, September 9, 2022
Property Management Blog

Tennessee has an eviction rate of 2.78 percent, which equates to about 53 evictions a day. No one wants to go through a tenant eviction. However, sometimes it's unavoidable when a tenant acts in a way that isn't in agreement with the lease. 

If you think evicting a tenant is necessary, check to ensure it falls within one of these legal grounds for eviction.  

Non Payment of Rent 

Rent is considered late once it is five days past the due date. Once this date comes, the landlord can issue a written 14-day notice to quit. This gives the tenant two weeks to pay the rent plus any fees or penalties outlined in the lease. 

If the tenant fails to make payment by day 14, they have 16 days to vacate the property. If the tenant fails to vacate, the landlord must go through the court system to remove the tenant from the property. 

Health and Safety Violations 

The Tennessee landlord/tenant law outlines the requirements placed on the landlord to maintain a property that doesn't threaten the health and safety of the tenants. However, these same requirements are required of the tenants. If, as the landlord, you discover the tenant has allowed the property to become a threat to health and safety, you can issue a three-day notice to quit. 

Examples of health and safety violations include an excessive amount of trash accumulation. Also, damaging the electrical or plumbing, rendering it inoperable. 

Illegal Activity 

You do not have to accept your tenants committing illegal acts in your rental home. Common reasons for eviction due to illegal activity include drug-related activity or violence. You can act quickly with this type of eviction by issuing a written three-day notice to quit. 

Damage Beyond Normal Wear and Tear 

Regular property inspections are crucial to ensure you maintain your rental property. You could do these inspections yourself or hire a property manager to perform the task for you. Look for excessive damage to the property or the home's structure. 

Rental Agreement Violations 

A lease is a contract that you sign with the tenant. You and the tenant must abide by the terms. If one of you violates the lease terms, this could open the door for the other party to cancel the contract. 

Common lease violations include smoking in non-smoking areas, having pets when not allowed, or too many people living in the unit. As the landlord, you can deliver a 14-day notice to comply. If the tenant doesn't fix the situation to abide by the lease, you can issue a 14-day notice to quit. 

The Lease Ended 

When the lease ends, the contract is over. This means you should take possession of your property, and the tenant should move out. If the tenant refuses to move out after the lease ends, then you will have to move forward with a tenant eviction.

Evicting a Tenant Protects Your Investment 

The thought of evicting a tenant can be a daunting one. However, if you find yourself in any of these situations, then it's time to consider serving an eviction. Do not wait to start the eviction process, as it can only delay the eviction and increase your risks and costs.  

Reach out to our property managers to find out how they can help you manage your rental property and handle any evictions.