How Do I Evict a Tenant at Will in Tennessee?

Q: What is it called when someone lives with you and doesn't pay rent?

When someone lives with you and doesn't pay rent, they are typically referred to as a 'tenant-at-will' or an 'unlawful occupant.' This means they have occupancy rights but may not have a formal lease agreement. Their rights and your ability to evict them depend on local laws and the nature of your arrangement.

Q: Can my girlfriend kick me out if I'm not on the lease?

Yes, your girlfriend can ask you to leave if you are not on the lease. However, she must follow the proper legal process, which may involve giving you notice to vacate. If you refuse to leave after the notice period, she may need to pursue eviction through the courts, depending on the situation and local laws.

Full question:

I rent my house to a friend without a lease. No rent has been paid. What do I have to do to evict in Tennessee?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Tennessee

Answer:

A tenant without a lease is generally considered a tenant-at-will. Tennesse law requires at least 30 days written notice to terminate a monthly tenancy at will, and 10 days written notice to terminate a weekly tenancy. The length of the tenancy is determined by the period between when rent payments are due. Therefore, if rent is due monthly, a tenant is considered a monthly tenant.

Please see the Tennessee statute below:

66-28-512. Termination of periodic tenancy — Holdover remedies.

(a) The landlord or the tenant may terminate a week-to-week tenancy by
a written notice given to the other at least ten (10) days prior to the
termination date specified in the notice.

(b) The landlord or the tenant may terminate a month-to-month tenancy
by a written notice given to the other at least thirty (30) days prior to
the periodic rental date specified in the notice.

(c) If the tenant remains in possession without the landlord's consent
after expiration of the term of the rental agreement or its termination,
the landlord may bring an action for possession and if the tenant's
holdover is willful and not in good faith, the landlord, in addition, may
recover actual damages sustained by the landlord, plus reasonable
attorney's fees. If the landlord consents to the tenant's continued
occupancy, § 66-28-201(c) applies.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you kick someone out if they haven't signed a lease?

Yes, you can ask someone to leave even if they haven't signed a lease, but the process depends on their status. If they are considered a tenant-at-will, you must provide proper notice to terminate the tenancy. The notice period varies based on how often they pay rent: ten days for weekly tenancies and thirty days for monthly tenancies. If they refuse to leave after the notice period, you may need to file for eviction in court.

What is it called when someone lives with you and doesn't pay rent?

Can my girlfriend kick me out if I'm not on the lease?

Can you remove someone from a lease without their consent?

Generally, you cannot remove someone from a lease without their consent unless there are specific legal grounds to do so, such as a breach of lease terms. If you want to remove a tenant, you may need to follow the eviction process, which typically requires proper notice and possibly court action. Always check local laws for specific procedures.

What are my rights if I have no lease agreement in Tennessee?

If you have no lease agreement in Tennessee, you are likely considered a tenant-at-will. This means you have the right to occupy the property as long as you follow any notice requirements for termination. You can also be evicted with proper notice, which is ten days for weekly tenancies and thirty days for monthly tenancies. Your rights may vary based on the specifics of your living situation.

How long before a guest becomes a tenant in Tennessee?

In Tennessee, a guest may be considered a tenant if they stay for an extended period and establish residency, which can vary based on local laws. Generally, if someone stays for more than a few weeks and has no formal agreement, they may be considered a tenant-at-will. This status gives them certain rights, including the right to proper notice before eviction.