Tennessee Writ of Possession — FED is a type of court order granted by a judge in the state of Tennessee that allows a landlord to regain possession of a rental property from a tenant who has failed to comply with the lease agreement. The writ is also known as a Writ of Restitution or an Order of Eviction. There are two types of Tennessee Writ of Possession — FED: Non-Payment Writ of Possession and Breach of Lease Writ of Possession. A Non-Payment Writ of Possession is issued when a tenant fails to pay rent on time and a Breach of Lease Writ of Possession is issued when the tenant is in breach of the lease agreement in some other way, such as damaging the property or engaging in illegal activities.
Tennessee Writ of Possession - FED
State:
Tennessee
Control #:
TN-SKU-0870
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PDF
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Writ of Possession - FED
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FAQ
Tennessee laws dictate that a tenant must vacate the property before the Writ of Possession is issued because once law enforcement officers receive the Writ, they must execute it immediately. No grace period is given in Tennessee state.
If you did something dangerous or threatening, the landlord only needs to give you three (3) days to move out. If you did not pay rent or broke your lease agreement, you may be given a thirty (30) day notice to move out.
A writ of attachment is a form of prejudgment process in which a court orders the attachment or seizure of property described in the writ. The property is seized and held in the custody of an appointed official, such as a U.S. Marshal or law enforcement officer, under court supervision.
The Writ of Possession is issued 10 days after the landlord wins the case and it is executed immediately once the law enforcement officials receive it. Any personal belongings left by the tenant is kept for 30 days.
Writs of restitution are commonly known as evictions; they are another kind of process that brings with it significant and inherent risks to officer and public safety during execution. They are also among the very few civil orders that mandate use of force, where necessary, to achieve service. T.C.A. § 29-18-127.
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.
Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to ?stay? or ?stop? the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.