Tennessee Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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Multi-State
Control #:
US-03329BG
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If a landlord continues to accept rent payments, a holdover tenant can legally occupy the property, and state laws and court rulings determine the length of the new rental term?. If a landlord does not accept further rent payments, the tenant is considered a trespasser and may be evicted.

Ing to Tennessee law, there is a grace period of five days for tenants who are late on their rent. After five days, the landlord may charge a late fee. However, if day five is on a Sunday or a national holiday, the landlord is prohibited from charging a late fee if the rent is paid the following day.

14-Day Notice to Cure or Vacate (Curable Lease Violation) In Tennessee, if a tenant commits a lease violation, the landlord can serve them a 14-Day Notice to Pay or Vacate. This eviction notice gives the tenant 14 calendar days to fix the issue or move out.

Notice of Lease Terminations: In Tennessee, the notice period for terminating a lease depends on the type of tenancy and the reason for termination. For example: For a month-to-month tenancy, either the landlord or the tenant can terminate the lease by giving 30 days written notice.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

You cannot be evicted without notice. The landlord cannot change the locks or shut off your utilities to make you leave. Most of the time, a landlord needs to go to court before evicting you.

As long as the tenant does not violate any rules from their lease, they can stay until their rental period ends. However, a tenant may be evicted if they stay in the property even a day after their written lease ends (and have not arranged for a renewal).

These leases are usually based on a ?handshake agreement? and the farmer keeps control of the land based on a past agreement. These handshake agreements lead to ?holdover tenants,? someone who remains in possession of real property after a previous tenancy expires.

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Tennessee Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term