Tennessee Detainer Summons
Definition and meaning
The Tennessee Detainer Summons is a legal document used to initiate eviction proceedings against a tenant who is believed to be unlawfully occupying property. This summons orders the tenant to appear before a court to respond to the allegations made by the landlord or property owner. The document outlines the claims brought against the tenant and sets a date for the tenant to appear in court.
How to complete a form
To correctly complete the Tennessee Detainer Summons, follow these steps:
- Begin by filling in your name and address as the plaintiff.
- Provide the defendant's name and addresses where they reside.
- Specify the court where the case will be heard.
- Include details of the tenancy, such as the type of lease (oral or written) and why possession is sought.
- State the amount of unpaid rent, if applicable, and the dates for which rent is owed.
- Sign and date the document at the bottom.
After completing the form, file it with your local court clerk and ensure proper service to the defendant.
Who should use this form
The Tennessee Detainer Summons is primarily used by landlords who are seeking to evict tenants from their rental properties due to non-payment of rent or lease violations. Any individual or business that owns residential or commercial property in Tennessee and needs to reclaim possession of their property may utilize this form.
Legal use and context
This form serves as the official notice to the tenant that legal action has been initiated. It is crucial to use it properly to ensure compliance with Tennessee laws governing landlord-tenant disputes.
The document outlines the specific complaints against the tenant, which can include failure to pay rent or violating lease terms. Without this summons, landlords cannot proceed with eviction actions in court.
Key components of the form
The Tennessee Detainer Summons includes several essential components:
- Plaintiff information: Name and contact details of the landlord.
- Defendant information: Name and contact details of the tenant.
- Property details: Description of the property in question.
- Claim basis: Explanation of why eviction is sought, such as unpaid rent.
- Court information: Name and address of the court where the summons is filed.
Common mistakes to avoid when using this form
When completing the Tennessee Detainer Summons, be mindful of the following common pitfalls:
- Filing the summons in the wrong court or jurisdiction.
- Failure to include all necessary information about the lease agreement or tenant's violations.
- Not properly serving the summons to the tenant.
- Ignoring local rules and deadlines for eviction proceedings.
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FAQ
A subpoena may be served by any person authorized to serve process, or the witness may acknowledge service in writing on the subpoena. Service of the subpoena shall be made by delivering or offering to deliver a copy thereof to the person to whom it is directed. § 45.04.
RULE 15. AMENDED AND SUPPLEMENTAL PLEADINGS. Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit the party to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented.
A defendant shall serve an answer within thirty (30) days after the service of the summons and complaint upon him. A party served with a pleading stating a cross-claim against such party shall serve an answer thereto within thirty (30) days after the service upon him or her.
If a summons is not served within 90 days after its issuance, it shall be returned stating the reasons for failure to serve.
A forcible detainer is where a person enters lawfully or peaceably, and holds unlawfully, and by any of the means enumerated in § 29-18-102 as constituting a forcible entry.
The clerk of the court where the complaint is filed must immediately issue the relevant summons and cause it to be delivered for service to any person authorized to serve Tennessee Process Service, together with necessary copies of the complaint and summons.
(1) Service on the attorney or on a party may be made by delivering to the attorney a copy of the document to be served, or by mailing it to such person's last known address, or if no address is known, by leaving the copy with the clerk of the court.
If a tenant does not leave the property by the end of the 16-day period (30 days after the landlord delivered the notice to quit) the landlord can go to court to request a detainer warrant for the tenant. The sheriff will deliver the detainer warrant to the tenant, which gives the tenant a court date and location.