If there is one state in the US that is seeing widespread population growth, it is Tennessee. It looms in the national conscience for an increase of 81,646 people in 2022 (domestic migration).
The state’s population crossed the 7 million mark in the same year, according to Statista. With a headcount this huge, it’s valid to wonder where all the entrants are residing. The answer to that is rental housing.
Counties predominantly occupied by renters include Maury County, Carter County, Scott County, and Giles County. With matters of tenancy also comes the landlord dilemma – delayed or unpaid rent. If you’re dealing with a challenging tenant, this article will guide you through the steps to handle such matters properly.
Table of Contents
Get to the Root of the Issue
The first step to handling a difficult tenant is to get to the bottom of the matter. This means you must extend grace, trying to discover whether the tenant is going through a period of financial crisis. Even if they do not reach out first, you can initiate communication (especially if this is their first default).
But remember to note down all verbal exchanges in writing. This will act as a record for future dealings as well as hold the tenant accountable. Once the tenant has communicated their problem, ask yourself the following questions –
- Is their crisis temporary?
- Are they aware of the gravity of the situation?
- Is their general tenancy record spot-free?
These three questions will give you a glimpse of what you can expect in the future. If you’ve answered “no” to the above questions, an eviction may likely be around the corner.
Deliver a Late-Rent Notice
Before you do anything further, be sure to double-check all documents and records. If the rent is truly overdue (after covering the grace period), you can serve a late rent notice. In general, Tennessee law affords a five-day grace period, but the same may depend upon the lease agreement.
The late-rent notice will act as a reminder to pay the rent. However, it will also list all late fees (as mentioned in the lease agreement). Additionally, the notice should include legal actions against the tenant should they fail to pay the rent in full. You can deliver this notice in person, via email, or simply tape it on the tenant’s door.
The late-rent notice will come in handy later in court to prove a pattern of delayed payments. Hence, do not forget to own a copy! In case the default resulted from the tenant’s forgetful memory, the notice will hopefully jerk them out of it. Otherwise, you will need to take the next step.
Send a Pay-or-Quit Notice
This document acts as the first step in the process of eviction. It conveys to the tenant the seriousness of the situation. In other words, they will realize that they could be evicted should they still not pay the rent in full (along with the late fees).
In this notice, you must mention your intent to evict, the payment deadline, and the amount due. The when, how, and where to post the eviction notice must be done according to Tennessee law.
It will later serve as proof that you made the effort to ensure the tenant had ample chances to pay. The general rule is to deliver the notice to the tenant’s doorstep as well as email them a backup.
Take Legal Action
If all of the above practices fail to work, the last resort is to take legal action against the tenant. The issue may reach this stage if you’re a landlord residing in Tennessee’s expensive cities. For instance – Murfreesboro’s cost of living is 2% higher than the state’s average.
It ranks among the 13% of the most expensive cities worldwide. If your property belongs to one of its coveted areas like Riverview Cove, you could jeopardize thousands of (rental) dollars. Instead of evicting the tenant (as it may be illegal), the best course of action is to seek help from Murfreesboro attorneys.
They will help with all paperwork and due diligence needed before the court hearing. According to Hudson, Reed & Christiansen, PLLC, the attorneys will guide you based on the statutes of the Uniform Residential Landlord & Tenant Act. When the day of the hearing arrives, you will be prepared to present the evidence needed to turn the proceedings in your favor.
In most cases, the landlord is not allowed to inspect the property without the tenant’s permission. The legal route will let you obtain that permission and take pictures of any damage done to the property. Never take the path of humiliation, threats, or forceful attempts at eviction.
Let the court turn the tables on your behalf. After this, even eviction (should it come so far) becomes a whole lot easier.
Ending the Landlord’s Dilemma
The bottom line is to not allow yourself to be taken advantage of. This is not to say that you shouldn’t understand a tenant’s situation (perhaps a crisis). But, if the issue is persistent, there needs to be a solution.
As of 2023, eviction filings are seeing a sharp rise, especially in some US cities. Tennessee’s Nashville has made it to the list due to increasing rental costs. The best way out of the gnawing landlord dilemma is to be both compassionate and firm.
This article has listed the steps in their proper order. Diligently following them will leave you with either – a rent payment or an evicted tenant.