Evicting a tenant or roommate can be tricky, especially when emotions run high or legal responsibilities aren’t clear.
If you’re stuck in a roommate situation where someone refuses to leave, or you’re a landlord facing a problematic tenant, this guide is worth reading.
We’ll walk you through the eviction process, tenant rights, and everything you need to know about how to legally evict a tenant or co-tenant from your rental property.
What Rights Do Tenants and Landlords Have During an Eviction?
If you’re a tenant, you have the right to stay in your home unless the landlord has a legal reason to ask you to leave.
If you’re a landlord, you can’t just kick someone out without warning. You need a good reason, like unpaid rent or breaking the lease. Then you have to go through the court.
And no—changing the locks or tossing someone’s stuff isn’t legal. That’s called an unlawful eviction, and it could get you into serious trouble.
Can One Tenant Evict Another?
If you and your roommate both signed the lease, neither of you can force the other out.
Even if you’re the “main” person paying rent, you still don’t have the legal power to evict someone. Only a landlord (or sometimes a master tenant with legal permission) can start an eviction process.
If your roommate didn’t sign the lease and you did, that’s a different story. You might be able to evict them, but you still have to follow the legal process.
What Happens When a Tenant Refuses to Leave?
When a tenant refuses to leave after being given proper notice, you need to file an eviction case in court.
You cannot evict the tenant by changing the locks or removing their personal property.
Doing so can result in legal consequences for unlawful eviction.
If the tenant violated the lease or cannot afford to pay rent, that becomes your reason for eviction.
A written notice is usually required—commonly a 30-day notice or 3-day pay or quit notice—depending on state and local laws.
After the notice period ends, you can file an eviction case if they still refuse to leave.
How Can a Landlord Evict a Tenant Legally?
To evict a tenant legally, the landlord must follow these basic steps:
If the individual has become a tenant under Tennessee law, you must follow the formal unlawful detainer (eviction) process. Here’s how it works:
1. Serve a Written Notice
- For non-payment of rent: Provide a 14-day notice to pay or quit.
- For general removal (without cause): Provide a 30-day written notice to vacate.
If there’s a threat of violence, you may be able to seek a protective order or restraining order, which could speed up the process and legally prohibit them from returning.
2. File for Eviction in General Sessions Court
If they don’t leave after receiving the notice, you can file a detainer warrant in the Montgomery County General Sessions Court. This initiates a formal eviction lawsuit.
3. Attend the Court Hearing
The court will schedule a hearing, and both parties can present their case. You should bring any written notices, text messages, police reports (if any), and proof that you’re the rightful tenant or leaseholder.
Note: You are not entitled to a court-appointed attorney for eviction cases, but you can hire a lawyer—or someone with power of attorney can represent you if you’re out of state.
4. Let the Sheriff Enforce the Eviction
If the court rules in your favor and issues a writ of possession, only the sheriff’s office can physically remove the person from the property.
For more details about Clarksville, TN, eviction law, you can read our blog here.
Can You Evict a Roommate Not on the Lease?
Yes, but you’ve still got to follow the rules.
If they’re not on the lease, they’re considered a guest or subtenant. You (as the master tenant or property owner) can give them a written 30-day notice to move out.
If they still haven’t moved out, then you’ll have to file an eviction in court.
Just remember—don’t try to force them out on your own. That’s not legal.
What Is the Difference Between a Tenant and a Subtenant?
A tenant is someone who signs a lease with a landlord.
A subtenant rents from the original tenant and may not be on the lease.
This distinction matters because it determines who can initiate an eviction.
If you are the master tenant and the landlord approves subletting, then the subtenant must follow the lease terms.
If the subtenant violated the lease or refuses to leave, you may be able to evict them, but you’ll still need to file an eviction notice and follow legal procedures.
How Does Co-Tenancy Work in a Lease?
When multiple people sign a lease, they are considered co-tenants and have equal rights to the rental unit. One tenant cannot legally evict another co-tenant. All co-tenants share responsibility for the lease and paying rent.
If one co-tenant refuses to leave or pay rent, you need to notify the landlord. The landlord would then decide whether to evict the entire household or take action against the problematic tenant.
In this case, the landlord may be able to evict a tenant without terminating the lease of the remaining tenants.
What If the Lease Is Month-to-Month?
In a month-to-month tenancy, either the landlord or tenant may terminate the lease with proper notice—typically 30 days.
If you’re trying to remove a roommate in this situation, you can simply give written notice if they’re not on the lease.
However, if all roommates signed the lease, you’ll need the landlord to take formal steps.
In a shared rental property, the landlord likely won’t allow one tenant to evict another. You may need to wait for the lease term to end or sign a new lease with a replacement tenant.
Can a Tenant Get Legal Help During an Eviction?
Yes. Tenants can seek free legal aid or consult with an attorney if they are facing eviction. Legal aid organizations often provide legal advice on tenant rights and landlord-tenant disputes.
If you’re a tenant being evicted unfairly or without proper notice, you have the right to challenge the eviction in court.
Make sure you gather documents like your lease agreement, written notices, and any communication with the landlord or master tenant.
What Should You Do If You Want to Evict a Roommate?
If you want to evict a roommate, first check your lease.
If they’re not on the lease, issue a written 30-day notice.
If they’re a co-tenant, notify the landlord about the issue.
Never attempt to evict the roommate by force or change the locks yourself.
In some cases, landlords may require all tenants to sign a new lease if one person moves out.
You may also have to pay a security deposit again or screen a new tenant.
Always consult with an attorney or get legal information before taking action.
Let Us Take the Stress Off Your Plate
At Connerth & Co., we help you find the right tenants from the start—because solid tenant screening can save you a ton of money down the line.
We’ll help you figure out the best rental price for your property, keep you in the loop with monthly income and expense reports, and take care of repairs before they become big issues.
Basically, we’ve got your back—so you can relax and enjoy being a property owner. Ready to get started? Call us today!
Summary: Key Takeaways for Landlords and Tenants
- Only landlords or property owners can legally evict tenants.
- Co-tenants have equal rights and cannot evict each other.
- Subtenants can be evicted by master tenants, depending on the lease and local law.
- You must file an eviction case and go to court to evict a tenant.
- Landlords must follow proper notice, such as a 30-day notice or pay-or-quit notice.
- Roommates not on the lease may be easier to remove but still require legal steps.
- Tenants can seek free legal help or consult with an attorney.
- Never try to change the locks or remove a tenant’s personal property without a court order.
- Always read your lease or rental agreement carefully before taking eviction steps.
- Follow all state and local laws to ensure the eviction is lawful and valid.
We also have other blogs related to eviction. What if you’ve evicted your tenant but they come back? We explain what to do in that situation on our blog. Read our blog here: “Can an Evicted Tenant Return to the Property To Visit in TN?“
FAQs
Q. Can a tenant evict another tenant not on the lease?
A. No. A tenant cannot legally evict another tenant. Only a landlord or property owner can initiate the legal eviction process. If you’re a master tenant and your lease allows subletting, you may be able to remove a subtenant, but you must still follow legal eviction procedures, including notice and court filings if necessary.
Q. What are the rules for eviction in Tennessee?
A. In Tennessee, landlords must provide a written notice before beginning an eviction. The most common notices are:
- 14-Day Pay or Quit Notice for nonpayment of rent.
- 30-day Notice for lease violations or ending a month-to-month lease. After the notice period, the landlord can file a detainer warrant (eviction lawsuit) in court. A court hearing will follow, and if the judge rules in favor of the landlord, law enforcement can remove the tenant. Self-help evictions (like changing locks) are illegal.
Q. What to do if a tenant moves someone else in?
A. If a tenant moves in another person without the landlord’s permission, it may be considered a lease violation—especially if the lease forbids subletting or unauthorized occupants. Landlords should:
- Review the lease to confirm the violation.
- Give the tenant written notice to remove the unauthorized occupant.
- If the tenant refuses, issue a notice of lease violation or begin formal eviction proceedings based on the breach of lease.
Q. What is the squatters’ law in Tennessee?
A. Tennessee does not recognize squatters as legal tenants unless they meet strict criteria for adverse possession, which takes at least 7 years of continuous, open, and notorious occupation with some form of color of title. For recent squatters, property owners can remove them by:
- Serving a notice to vacate.
- Filing an unlawful detainer action in court if they refuse to leave. Squatters do not gain tenant rights unless they have a lease or rental agreement.
Q. What’s the soonest you can evict a tenant?
A. The fastest you can evict a tenant in Tennessee depends on the reason for eviction:
- For nonpayment of rent, the notice period is 14 days.
- For serious lease violations, landlords may issue a 14-day notice to cure or vacate.
- For month-to-month terminations, 30 days’ notice is required. After the notice period, landlords must file in court. The full process—from notice to court-ordered eviction—can take 30 to 60 days, depending on court schedules and tenant response.
