How to Evict a Roommate Not on the Lease in Tennessee

If you share your rental home in Tennessee with a roommate who is not on the lease and need to remove them, the process can be confusing. Understanding your legal rights and obligations is key to avoiding extra stress, ensuring safety, and protecting your home. This guide explains the process under Tennessee law, including steps, forms, and where to get help.

Understanding Roommate Rights When Not on the Lease

In Tennessee, if your roommate is not listed on the lease, they are usually considered an unauthorized occupant or a “guest” in a legal sense. This means you, the primary tenant, are responsible for handling disputes and the eviction process—not your landlord (unless the lease says otherwise).

• No lease rights: Roommates not on the lease generally do not have the same protections as tenants under the Tennessee Uniform Residential Landlord and Tenant Act.
• You are the primary tenant: This means you must take legal steps to remove an unwanted roommate; your landlord cannot do it for you.
• Eviction is a civil process: Removing a roommate is not the same as changing the locks—always follow Tennessee's legal process to avoid liability.

How to Legally Evict a Roommate Not on Your Lease

Removing a roommate in Tennessee involves several clear steps. Following the law closely is important to avoid illegal eviction risks (sometimes called "self-help eviction").

Step 1: Give Written Notice to Vacate

The first step is providing your roommate a formal written notice to vacate. For most situations, Tennessee law requires at least 30 days' written notice. If your roommate has not paid their share of bills or rent, a 14-day notice may apply. Make sure the notice:

• Is in writing and dated
• Clearly states the reason for eviction (optional but helpful)
• Specifies the date by which your roommate must leave
• Is delivered personally, with a witness if possible

Step 2: File a Detainer Warrant in General Sessions Court

If your roommate refuses to leave after the notice period ends, the next step is to file a "detainer warrant" (eviction lawsuit) in your local General Sessions Court.

• Form Name: Detainer Warrant (no standard statewide number; each county provides its version).
• When and How Used: After giving proper notice and the deadline passes, fill out and file this form to start eviction proceedings. For example, if your roommate doesn’t leave after a 30-day written notice, you would file the detainer warrant the day after the deadline.
• Official Source: Download the Detainer Warrant form (sample PDF) from the Tennessee State Courts. Alternatively, obtain the current version from your local General Sessions Court clerk.

The court will schedule a hearing, usually within 6-10 days. At the hearing, bring:

• Copy of your lease
• Your notice to vacate (with proof of delivery)
• Proof you are the tenant (ID, mail, etc.)
• Any communications about the dispute

Step 3: Wait for Court Judgment and Possession Warrant

If the judge rules in your favor, they will issue a "judgment for possession." If your roommate still doesn’t leave, you may request a Writ of Possession authorizing law enforcement to remove them.

• Form Name: Writ of Possession
• When and How Used: After winning the eviction lawsuit and the court’s waiting period (10 days), file this request with the clerk. For example, if you win your case on May 1, you may file for the writ on May 11.
• Official Source: Inquire at your local General Sessions Court for the correct form and instructions.

Only the sheriff’s department—not you—can physically remove your roommate.

Key Tennessee Laws and Authorities

• Tennessee Uniform Residential Landlord and Tenant Act (URLTA) governs most rental properties in counties with 75,000+ population¹.
• The General Sessions Court handles all eviction matters statewide.
• Check your county's requirements—local rules or processes may vary.

FAQ: Tennessee Roommate Eviction Basics

1. Can I just change the locks to remove my roommate?
   No. Changing the locks or removing belongings without a court order is illegal under Tennessee law and may expose you to civil liability.
2. Does my landlord need to be involved?
   Generally, if your roommate isn’t on the lease, you are responsible for the legal eviction process. However, always notify your landlord to avoid lease violations.
3. What if my roommate is violent or threatening?
   If you feel unsafe, contact local law enforcement immediately. You may also seek an order of protection through the courts if needed.
4. What happens if my roommate leaves belongings behind?
   Tennessee law requires you to provide written notice before disposing of any abandoned property. Check your local court or city resources for details.
5. Do I have to pay court filing fees?
   Yes, but fee waivers are available for those with low income. Ask the General Sessions Court clerk for the "Uniform Civil Affidavit of Indigency" form if needed.

Conclusion: Key Takeaways

• To evict a roommate not on the lease in Tennessee, follow the state’s notice and court procedures carefully.
• Never change the locks without a court order—use the detainer warrant process instead.
• For advice or help, reach out to your county court or local renters’ organizations.

Need Help? Resources for Renters

• Tennessee General Sessions Courts – Find your local court and forms
• Tennessee Department of Commerce & Insurance: Tenants & Landlords – Guide to key rights and responsibilities
• Tennessee Legal Assistance – Free legal aid hotlines and services
• For safety emergencies, call 911 or your local police department

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1. See: Tenant and Landlord Guide (PDF, TN Dept. of Commerce & Insurance)
2. Tennessee Uniform Residential Landlord and Tenant Act, Tenn. Code Ann. § 66-28
3. General Sessions Court: Eviction and Writs

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