I have the follow verbiage in my lease (copied from internet). I may have to start eviction and want to know when I can start the process. Here is the verbiage below. I want to know if I can start the process within 3 days of being served notice. The rent is considered last after 7th of the month. I was going to put the notice on the door on the 8th, but not sure when I can go to court house to file the paperwork.
5. CONSEQUENCES OF BREACH BY TENANT: If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person). In compliance with Tennessee Code § 66-28-505 et eq.: (a) If there is a material breach by the tenant with the Lease agreement or a breach with § 66-28-401 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach, and that the Lease agreement will terminate upon a date not less than thirty (30) days after receipt of the notice. If the breach is not remedied in fourteen (14) days, the Lease agreement shall terminate as provided in the notice, subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the Lease agreement will not terminate. If substantially the same act or omission which constituted a prior breach of which notice was given recurs within six (6) months, the landlord may terminate the Lease agreement upon at least fourteen (14) days' written notice specifying the breach and the date of termination of the Lease agreement. (b) If rent is unpaid when due and the tenant fails to pay, written notice by the landlord of nonpayment is required unless otherwise specifically waived in a written Lease agreement. Written notice of nonpayment is hereby waived. Upon Tenant’s nonpayment of rent, Landlord, at his option, may immediately serve Tenant with a notice of termination of at least three (3) days. If Tenant pays rent in full before the expiration of the notice period, the Lease shall not be terminated. The Lease agreement is enforceable for collection of rent for the remaining term of the Lease agreement. (c) Landlord may recover damages and obtain injunctive relief for any breach by the tenant with the Lease agreement or § 66-28-401. The landlord may recover reasonable attorney's fees for breach of contract and nonpayment of rent as provided in the Lease agreement. (d) The landlord may recover punitive damages for willful destruction of property. (e) If there is breach by the tenant with § 66-28-401 materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen (14) days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date when periodic rent is due, or if the Lease agreement has terminated, for immediate payment.
Tim J, TN on Friday, June 6, 2014