Important Notice: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm. For legal representation in Memphis, contact Memphis Area Legal Services — 901-523-8822 or Legal Aid Society of Middle Tennessee — 1-800-238-1443.
Memphis consistently ranks among U.S. cities with the highest per-capita eviction rates. The Tennessee Uniform Residential Landlord and Tenant Act (URLTA), T.C.A. § 66-28-101 et seq., applies throughout Shelby County and sets specific requirements that landlords must follow before a court can remove any tenant from their home.
A notice that is defective — wrong timeline, wrong service method, wrong reason — is a complete defense. A landlord who accepted rent after issuing the notice waived the right to proceed on that notice. A habitability failure can justify withholding rent and defending any resulting eviction. These defenses are real and courts regularly dismiss cases that fail to meet these requirements.
Available Defenses Under Tennessee Law
Each can be raised at your Shelby County General Sessions hearing.
- T.C.A. § 66-28-201Defective notice — wrong notice period, improper service, or missing required content
- T.C.A. § 66-28-304Warranty of habitability — landlord allowed essential services to fail or property to become uninhabitable
- T.C.A. § 66-28-502Retaliatory eviction — landlord served notice after you complained to code enforcement or exercised legal rights
- T.C.A. § 66-28-405Self-help eviction — landlord changed locks, removed doors, or shut off utilities without a court order
- T.C.A. § 66-28-201(c)Waiver — landlord accepted rent payment after issuing the eviction notice
- Memphis City CodeMemphis housing code violations — failure to maintain required habitability standards under local ordinance
- SCRA § 3951Military service — active-duty servicemember or dependent stationed at Millington or nearby base
How to Respond to an Eviction in Memphis
Count the Days on Your Detainer Warrant
In Shelby County, evictions begin with a Detainer Warrant filed with the General Sessions Court. The warrant will specify your hearing date. You must appear on that date. Before your hearing, carefully review the notice served by your landlord. For nonpayment: at least 14 days' notice required. For lease violations: 14-day notice to cure, then 16 days to comply. If the notice period was shorter than required, the eviction cannot proceed.
Appear at Shelby County General Sessions Court
Shelby County General Sessions Court handles landlord-tenant matters at 140 Adams Avenue, Memphis, TN 38103. Arrive at least 30 minutes early. Bring your lease, all rent receipts, any written correspondence with your landlord about repairs, photos of uninhabitable conditions, and copies of any notice you served on the landlord. The Environmental Court (222 Adams Ave) handles housing code violation cases which may be related to your eviction.
Raise Your Defenses on the Record
Memphis General Sessions judges handle many cases per session. State your defenses concisely and immediately: "Your Honor, I am raising a defense of [improper notice / habitability failure / retaliation / waiver by acceptance of rent]." Present your documents to support each defense. If the landlord accepted any rent after issuing the notice, the right to evict on that notice is extinguished — bring proof.
Use the Right to Cure for Nonpayment
Tennessee allows a tenant facing a nonpayment eviction to pay all rent owed before or at the court hearing to cure the default. Bring the exact amount owed in cash, certified check, or money order. Even if judgment has been entered, the right to cure may still be available on the hearing date. Contact Memphis Area Legal Services (901-523-8822) before your hearing to confirm the current procedure in Shelby County.
Appeal Within 10 Days to Circuit Court
If General Sessions rules against you, you have exactly 10 calendar days to appeal to the Shelby County Circuit Court. The appeal bond must be filed with the General Sessions clerk. A properly filed and bonded appeal stays the eviction — the sheriff cannot remove you while the appeal is pending. The Circuit Court conducts a de novo review, meaning a completely new hearing on the merits.
Know the Writ of Possession Process
After judgment in General Sessions, the landlord must return to court to request a Writ of Possession before the sheriff can physically remove you. The writ is generally issued after the 10-day appeal period. During those 10 days you can appeal, negotiate a payment agreement, or make alternative arrangements. Do not assume you must leave immediately after the hearing — the process requires additional steps.
Memphis Court and Legal Aid Contacts
Shelby County General Sessions Court
140 Adams Avenue Memphis, TN 38103 (901) 222-3500
Memphis Environmental Court
222 Adams Avenue Memphis, TN 38103 (901) 636-0900 Handles housing code complaints.
Memphis Area Legal Services
119 S. Main Street, Suite 400 Memphis, TN 38103 (901) 523-8822 Free legal aid for low-income tenants.
Legal Aid Society of Middle Tennessee
Statewide: 1-800-238-1443 Covers west Tennessee including Shelby County.
Related Resources
Tennessee Specific — All 95 Counties
Tennessee Eviction Defense Answer
Jurisdiction-correct eviction defense documents for Tennessee General Sessions Court. Covers Shelby County and all 95 Tennessee counties. Includes answer, affirmative defenses, notice challenge, and filing instructions.
Get the Documents — $249Disclaimer: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm and does not provide legal representation. For legal assistance in Memphis, contact Memphis Area Legal Services — 901-523-8822 or Legal Aid Society of Middle Tennessee — 1-800-238-1443.