State Specific Question About: TENNESSEE (TN)

Can I evict a person if they have not paid all of the deposit. It has been over 30 days and I am waiting for the rest of the deposit.

Have They paid rent? What does your agreement say. Is this month 2 month, or a lease?

Off the top of my head, and a shot in the dark with out the above info. No you cannot evict for non-payment of security deposit.

Not unless your lease is worded that way.

Pay or quit is 14 days. You can't send a pay or quit for deposit, but check with a lawyer on that.

Never, ever, let anyone move in without paying deposit, you will never get it. I do like Rusty and make deposit paid and rent short.

In some states writing a bad check is crime.

Turn them in. Gloria what is the deal with TN on this issue?

If you have plans to evict or have started the process, wait until they're gone before filing criminal charges because you definitely don't need anything delaying the eviction.

Shannon, don't listen to pmh. He says that to everyone.

You are new and made a mistake. I made the same mistake with my first tenant. I did require her to sign a payment schedule and then send demand letters when she didn't pay. She was a tad late, but paid up.

So, this is what you need to do. Send tenant a letter like this:

[Anything in parentheses or XXXX's is something you need to fill in because I don't have the facts]

Your name/business name/business address at top

Tenant's full name

Address (your unit)

Date

Dear Ms. XXXX,

We are in receipt of your rent payment for January 1, 2008 on xx/xx/08. (If late, indicate that it was due on ...).

However, the remainder of the Security Deposit of $XXX was to be paid on or before XX/XX/08, and it has not been received as of this date.

Please be advised that the full Security Deposit remaining of $XXX shall be in our P.O. Box address at XXXXXX (or wherever tenant mails rent), or we shall have to deduct it from rent paid thus far, and you shall be delinquent on rent. All rent is due on or before the FIRST day of the month. Should rent and/or outstanding Security Deposit not be paid pursuant to the agreed upon Lease terms (or if you didn't know to do a lease, pursuant to our Agreement), we will have no choice but to undertake eviction proceedings.

We trust that this situation will be rectified immediately and that Security Deposit in the amount of $XXX shall be received at (address) within 48 hours.

Thank you for your prompt attention to this important matter.

Sincerely,

You

If your lease spells it out that they will pay a SD in the amount of $_____ and then they don't, they've violated the lease and you can terminate the lease and then evict for that and pursue a money judgment for balances due.

If it's spelled out in another pre-move-in document that they signed, that's a contract they haven't paid on, and I think you could go to Small Claims Court to get a judgment for that amount (at which point they might either move or quit paying rent, and you know what to do from there).