Remedies and Special Proceedings

Plain English Breakdown

The official source material does not provide information on potential impacts of financial hardships faced by tenants beyond the scope provided in the candidate explanation.

Changes to Eviction Laws

This bill changes Tennessee's eviction laws by setting new time limits for trials and writs related to nonpayment of rent.

What This Bill Does

• Sets a trial date no later than 14 days after the landlord files an unlawful detainer action based on unpaid rent.
• Limits what can be discussed in court hearings about evictions due to unpaid rent to only facts about the lease and payment history.
• Requires that if a judge rules for the landlord, they must issue a writ of possession within 24 hours, giving the tenant seven days to leave.
• Allows landlords to ask the sheriff to remove tenants immediately if they do not leave after seven days.

Who It Names or Affects

• Landlords who file eviction cases based on unpaid rent
• Tenants facing eviction for nonpayment of rent

Terms To Know

unlawful detainer action

A legal process used by landlords to evict tenants who have not paid rent or violated lease terms.

writ of possession

An official order from a court that gives the landlord the right to take back their property if the tenant does not leave after being given notice.

Limits and Unknowns

• The bill only applies to eviction cases based on nonpayment of rent and does not cover other reasons for eviction.
• It is unclear how this will affect tenants who face financial hardships but are not able to vacate within the seven-day period.

Official Summary Text

Under present law provisions for forcible entry and detainer, an officer s
erving a warrant must notify the defendant of the time and place of trial, the time not to be less than six days from the date of service. This bill adds that for trials for unlawful detainer based solely on a c
omplaint for nonpayment of rent, the trial m
ust be held not more than 14 days from the date the plaintiff filed the unlawful detainer action.

SCOPE OF TRIAL

In
a trial or hearing for unlawful detainer based solely on nonpayment of rent,
this bill requires
the scope of the hearing
to
be limited to
facts and issues related to nonpayment of rent, including the terms of the lease agreement and payment history of the defendant.

DELAY BEFORE EXECUTION

Present law provides that no execution or writ of possession must issue
against the defendant upon a
ny judgment,
under the provisions of forcible entry and detainer,
until after the lapse of
10
days from the rendition of the judgment.
This bill provides an exception to this provision, such that, if
a court renders a judgment in favor of the plaintiff fo
r an unlawful detainer action based on nonpayment of rent, then the writ of possession must
be
issued against the defendant within
24
hours from rendition of the judgment
and require
the defendant to vacate the property and return possession of it to the p
laintiff within
seven
days from the defendant's receipt of the writ.
Additionally this bill provides that if the
defendant fails to vacate the property and return possession of the property to the plaintiff within the
seven-
day timeframe described under
t
his bill,
then the plaintiff may request from the sheriff of the county in which the property is located the immediate removal of the defendant.

Current Bill Text

SENATE BILL 806
By Yarbro

HOUSE BILL 452
By Glynn

HB0452
002217
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 29
and Title 66, relative to eviction actions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 29-18-117, is amended by deleting
the section and substituting:
The officer serving the warrant shall notify the defendant of the time and place of
trial. The trial must be held not less than six (6) days from the date of service. For trials
for unlawful detainer based solely on a complaint for nonpayment of rent, the trial must
be held not more than fourteen (14) days from the date the plaintiff filed the unlawful
detainer action.
SECTION 2. Tennessee Code Annotated, Title 29, Chapter 18, is amended by adding
the following as a new section:
In a trial or hearing for unlawful detainer based solely on nonpayment of rent, the
scope of the hearing must be limited to facts and issues related to nonpayment of rent,
including the terms of the lease agreement and payment history of the defendant.
SECTION 3. Tennessee Code Annotated, Section 29-18-126, is amended by deleting
the section and substituting:
(a) Except as provided in subsection (b), an execution or writ of possession must
not be issued against the defendant upon any judgment issued under this chapter until
after the lapse of ten (10) days from the rendition of the judgment.
(b)

- 2 - 002217

(1) If a court renders a judgment in favor of the plaintiff for an unlawful
detainer action based on nonpayment of rent, then the writ of possession must:
(A) Be issued against the defendant within twenty-four (24) hours
from rendition of the judgment; and
(B) Require the defendant to vacate the property and return
possession of it to the plaintiff within seven (7) days from the defendant's
receipt of the writ.
(2) If the defendant fails to vacate the property and return possession of
the property to the plaintiff within the seven-day timeframe described under
subdivision (b)(1)(B), then the plaintiff may request from the sheriff of the county
in which the property is located the immediate removal of the defendant.
SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it.