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Tennessee Order of Directing Immediate Issuance of Writ of Possession

State:
Tennessee
Control #:
TN-CN-70-07
Format:
PDF
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Description Writ Of Possession Tn

A08 Order of Directing Immediate Issuance of Writ of Possession

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FAQ

A writ of possession is issued after a landlord wins an eviction case in court. A writ of possession can also be called a writ of eviction. This order allows a person or group to take possession of real property by forcing the person or group currently in possession of the property out.

The writ gives the Sheriff the authority to seize property of the judgment debtor and is valid for 180 days after its issuance. You must give the Sheriff signed, written instructions to levy on (seize) and sell, if necessary, specific property belonging to the debtor to satisfy your judgment.

The first thing a landlord must do is provide the tenant with a written notice that an eviction will occur in 30 days if the tenant does not comply with the terms of the lease within 14 days. This notice is required by T.C.A. Section 66-28-505.

In general, you are only required to give a 30-day notice to quit to someone who is a tenant. You are usually not required to give a guest a 30-day notice, no matter how long that person has lived in your home.(Tenants of former owners of foreclosed properties have the rights of tenants.

As the next step in the eviction process, Tennessee landlords must file a complaint in the appropriate court. In Knox County, this costs $139.50 in filing fees.

Under both the regular Tennessee Code and the URLTA, a landlord is required to give a tenant a 14-day notice to pay rent before filing an eviction lawsuit. If the tenant pays the rent within the 14-day period, the landlord must not proceed with the eviction lawsuit (see Tenn. Code Ann. § A§ 66-7-109 and 66-28-505).

Week-to-week If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 10-Day Notice to Quit. Month-to-month If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.

Notice Requirements for Tennessee Landlords A landlord can simply give you a written notice to move, allowing you 30 days as required by Tennessee law and specifying the date on which your tenancy will end.

A judgment of possession is a court order that determines who is entitled to property.The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff.

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Tennessee Order of Directing Immediate Issuance of Writ of Possession