If we have a tenant who needs to be evicted because of nonpayment of rent or a lease violation, we turn it over to our attorney, who specializes in the Landlord Tenant Act here in Nashville. He knows the law very well and represents our owners successfully. Today, we’re talking about the eviction process, and what you can expect.
Warrant Service and Court DatesA warrant is issued when an eviction is necessary, and the sheriff makes three attempts to serve the tenant in person at the property. If they cannot serve them personally, they post it on the property. A court date is set, which is usually a couple of weeks later. Once we go to court, if the tenant doesn’t show up, we get a default judgment. If the tenant does show up, we can typically get an agreed judgment with them. Either way, after that court date, the tenant has 10 days to move out. If they don’t move out within that time period, we can issue a Writ of Restitution which directs the sheriff to move the belongings from the property and the tenants as well.
Attorney CostsThe attorneys we work with charge one-third of whatever the judgment is as their fee. So, if the tenant does pay, the attorney will keep a third and we pay the owner the remainder of what is collected. You’ll get most of your money back if everything goes well. There’s also a court cost that is less than $300. The attorney won’t get paid unless you get paid, however, so you’re in the game together.
Eviction TimelineThat’s the basic process. As you can see, the timeframe can be from two or three weeks to six weeks. A lot of people worry an eviction will take six months, but that would certainly be an exception. We have never seen an eviction go that long. Sometimes if it’s around the holidays, it will take longer because the courts are closed. Usually, you can expect an eviction to last four to six weeks. Working with a Nashville property management company will ensure the process is efficient and timely.
If you have any questions about property management in Nashville or anything involving evictions, please contact us at Browning-Gordon Property Management.