[TN] [TN] Can I evict a tenant who waived their rights to a 30-day written notice for non-payment of rent?
Hello. I am landlord of a small apartment and need to evict a tenant. In the lease agreement they are now on a month-to-month lease and specifically have their initials to a clause saying: “The tenant hereby specifically waives his/her rights to a 30 day written notice to vacate the premises for non-payment of rent.”
Their most recent check bounced and they need to be evicted for multiple reasons, but I want to make sure I can legally send this eviction notice and have them out by July 6, 2025.
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The law in Tennessee requires a 14-day notice to quit for non-payment, not 30 days. So the fact that the tenant waived a 30-day notice doesn’t really matter because Tennessee law does not require 30 days—it requires 14 days.
TN Code § 66-28-505(2) states that if the breach is remediable by the payment of rent or other amounts owed, the landlord may give notice that the tenant has 14 days from receipt to cure the breach or the rental agreement terminates.
If your intent is to terminate and evict for non-payment, you need to give them a 14-day written notice immediately in order to be close to your July 6th deadline.
If you gave the notice today, you could file to evict on July 9 if they did not pay the full rent owed.
If you simply wanted to terminate their month-to-month tenancy, the 30-day notice you already gave (about utilities ending July 6) would have been adequate for ending the tenancy but not for non-payment.
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Tennessee 14-Day Notice to Quit (Non-Payment of Rent)
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Hello. I am landlord of a small apartment and need to evict a tenant. In the lease agreement they are now on a month-to-month lease and specifically have their initials to a clause saying:
“The tenant hereby specifically waives his/her rights to a 30 day written notice to vacate the premises for non-payment of rent.”
Their most recent check bounced and they need to be evicted for multiple reasons, but I want to make sure I can legally send this eviction notice and have them out by July 6, 2025.
Lexi, Chatbot
I understand the situation. Have you previously provided the tenant with any written notice regarding the bounced check or any other issues?
We were paying all his utilities included with the $850 monthly rent but sent him notice June 6, 2025 we could no longer pay utilities effective July 6, 2025. Since then, his rent bounces, and he won’t let maintenance in the apartment.
Lexi, Chatbot
Have there been any previous instances where the tenant has violated the lease agreement or failed to pay rent on time?
No, he has paid the rent previously but won’t let pest control inside to treat his unit. The complex has roaches and all units have to be treated.
Lexi, Chatbot
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with your eviction process.
I don't believe so.
Barrister
Hello and welcome to the site! My name is Barrister and I am a licensed attorney and I am here to help with your situation. I may have short delays in typing because I work with several customers at once. I have read your post and I’m sorry you’re dealing with this—these matters can be frustrating and confusing.
Can you tell me what state the tenant is in?
Tennessee.
Barrister
The law in Tennessee requires a 14-day notice to quit for non-payment, not 30 days. So the fact that the tenant waived a 30-day notice doesn’t really matter because Tennessee law does not require 30 days—it requires 14 days.
TN Code § 66-28-505(2) states that if the breach is remediable by the payment of rent or other amounts owed, the landlord may give notice that the tenant has 14 days from receipt to cure the breach or the rental agreement terminates.
If your intent is to terminate and evict for non-payment, you need to give them a 14-day written notice immediately in order to be close to your July 6th deadline.
If you gave the notice today, you could file to evict on July 9 if they did not pay the full rent owed.
If you simply wanted to terminate their month-to-month tenancy, the 30-day notice you already gave (about utilities ending July 6) would have been adequate for ending the tenancy but not for non-payment.
Could the communication be by text or email or does it need to be a registered letter? I believe tenant is upset we will no longer be paying his utilities included with the rent. We sent a registered letter to him giving him 30-day notice to change utilities to his name, which will be effective July 6.
Barrister
It does not have to be a registered letter. It must be:
- A written, paper notice,
- Signed by you as the landlord,
- Delivered to the tenant or posted on their door (take a photo for proof),
- And you should also mail a copy first-class mail and certified mail to prevent any claim of “I didn’t receive it.”
Ok, thank you!
Barrister
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