Shelby County, Tennessee eviction

[Anna Smith]

We are drawing up a new lease.  I want to clearly lay out the process if they do not pay on time.

I have heard many people on Bigger Pockets, but perhaps they are from another state.

Step by step, what should I do when I have not received rent by close of business on the 1st of the month?

[Horst Sollfrank]

Anna,

Rent is legally due on the date specified in your lease or rental agreement. If the tenant doesn’t pay rent when it is due, then you may begin charging you a late fee. Under Tennessee law, you cannot charge a late fee until the rent is five days late (the day rent is due is counted as the first day). If day five is a Sunday or legal holiday, you cannot impose a fee if the rent is paid on the next business day. The fee cannot exceed 10% of the amount past due.

As for the eviction side, you must give tenants at least fourteen days in which to pay the rent and sixteen days in which to move. If the tenant does neither, you can file for eviction.

Regards,

Horst