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Have a Tenant behind on rent? Think your landlord is being unfair and evicting you? If you are a landlord or property manager, you may need the expertise of a Process Server to evict a renter that hasn't met their contractual obligations. HOWEVER, THERE ARE CERTAIN STEPS YOU MUST FOLLOW ACCORDING TO TENNESSEE LAW BEFORE FILING IN COURT AND HIRING A PROFESSIONAL PROCESS SERVER :

1st Step : A written 30 Day Notice to vacate the property must be prepared. It can be hand delivered or mailed .. but mailing certified always provides additional proof for the Court.

2nd Step: After the 30 days is up.. the landlord would need to go down to General Sessions and File an Eviction. All Evictions served in Knox County must be effected by the Sheriff's Department or Court Approved Process Server.

3rd Step: The eviction is served.. process server or sheriff must attempt 3 times to find a tenant and then if on the 3rd attempt if the Tenant isn't it can be taped to the door.

4th Step: 2 things can happen here.. a tenant can abide by the 14 day notice to vacate or file a response why they shouldnt have to vacate with the Court.. if a response is filed.. a court date is set.. usually within a week to 14 days because the Court understands this is costing the Landlord money and the Court Seeks to be fair to all parties.

5th Step: If you have filed a response and been given a court date.. you appear and state your case to the Judge. It is at this point the Judge will usually ask if proper notice was given, was rent accepted for the continued time there..

I have seen a tenant get more time because proper 30 day notice wasn't given before the eviction was filed. That said the property ultimately belongs to the landlord and the Courts take that seriously as well.. even if the Judge finds in your favor.. that favor is going to come in the way of more time to vacate.. not in saying you can stay there. Each case has it's own unique details and set of circumstances and those can only be decided or considered by a Judge.

Smoky Mountain Process and Legal Services does not provide legal advice and makes no representation as such in this blog post. These are simply the steps one must follow in the State of Tennessee before a Process Server can be hired and a legal eviction served. If you have followed these steps and are ready to hire a Private Process Server to serve your Eviction.. Smoky Mountain Process is ready to meet your needs.

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1 Comment

TY. this is VERY useful info!

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