Before filing for eviction, landlords must first serve a notice to quit to inform them their tenancy will terminate on the stated date. In some cases, tenants will be able to remedy the problem and stay.

The landlord must wait for the notice period to expire and then file a Detainer Summons (also known as a detainer warrant) with the General Sessions Court. The Summons notifies the tenant that a court date has been set and they must attend.

Once obtained, the Summons can be served using the following methods:

• The sheriff, officer, or process server delivers the Summons directly to the tenant. If in-person service has failed after three attempts, they will post the Summons on the premises and mail a copy to the tenant’s residence or last known address.
• The landlord files the original Summons and a copy certified by the court clerk with the sheriff (or constable), who will mail it to the tenant.

Service by mail is deemed complete once the tenant has acknowledged and returned the Summons to the sender.

At the hearing, the landlord should bring copies of the lease and the notice to quit. A non-attendance by the tenant will result in a default judgment against them.

During the hearing, the judge will hear both parties and come to a verdict. If the landlord wins the case, the tenant will have 10 days to appeal or vacate the premises. If the verdict is in the tenant’s favor, then they will not be evicted and may seek damages and legal fees from the landlord.

If 10 days pass and the tenant doesn’t leave, the landlord can obtain a Writ of Restitution (also called a writ of possession) authorizing law enforcement to evict the tenant. After law enforcement oversees the removal of the tenant, the landlord must allow 48 hours to pass before extracting the tenant’s belongings from the property.