Eviction notice

[willyk]

Jurisdiction

Tennessee

Pretty simple question I think. I just don't know the answer lol. In Tennessee, when you send a 30 day notice of eviction via certified letter, does the 30 days start from the day the letter is sent? Or is from the date the notice is signed for? I have always thought it was from the day it was sent, but realize I could be wrong. As always I appreciate the help! Keith P

 

[adjusterjack]

First of all, an eviction is a court process which requires a summons and complaint. What you are serving is a termination notice.

Here's the statute:

66-28-512 (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.

I don't find anything in the landlord tenant statute that specifically answers your question though there might be something in the Tennessee Rules of Civil Procedure if you care to google them.

Meantime, err on the side of caution by either giving the notice personally to the tenant or mailing it with a few extra days so that the tenant receives it at least 30 days prior to the end of the next rental period. Or do both.

With tenants you hedge your bets. Been there.

 

[mightymoose]

I would suggest that "a written notice given to the other" implies receipt of the notice. If you count 30 days from receipt there should be no dispute at all.
Regardless, the subsequent steps will take plenty of time and the 30 days will elapse while you wait for court.