Many landlords are confused about what to do when their tenants stop paying rent. Today, we are sharing the basic procedure you’ll need to follow when you find yourself in this situation in Memphis, Shelby County, Tennessee.
The first thing you want to do is contact your tenant. Send a letter, make a phone call, write an email or go to the property and knock on the door. Find out what is going on and make sure everyone in the house is aware that rent has not been paid. Tennessee requires you to give your tenants a Notice to Quit, unless you waive that in your lease.
After you have contacted the tenant and given the Notice, but rent is still not paid, your next step is to file a Forcible Entry and Detainer Warrant. This is a legal process that takes Memphis Tenant Stops Paying Rent? How to Handle Evictionplace within the court system. Once you file it, the tenant will be served by either the sheriff or a private process server. Then, you will need to appear in court and testify about the lease agreement and the tenant’s refusal to pay rent.
You will be granted a judgment, and then there will be a 10 day waiting period. You cannot take any action during that waiting period. Once the waiting period is over, if your tenants have not moved out on their own, you’ll need to file a Writ of Possession in order to get your property back.
The entire eviction process can take between 45 and 60 days overall. We always recommend that you use an experienced attorney during an eviction so your interests and your property are protected.
If you find yourself in the position that you need to evict a tenant who isn’t paying rent, and you’re not sure what to do next, contact us at Reed & Associates, and we’d be happy to help you work through this problem.