HB 452 - SB 806
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 20, 2025
Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564
HB 452 - SB 806
SUMMARY OF BILL: Requires, in a trial or hearing for unlawful detainer based solely on
nonpayment of rent, the scope of the hearing to be limited to facts and issues related to the
nonpayment of rent, including the terms of the lease agreement and payment history of the
defendant. Requires that such trials be held no later than 14 days from the date the plaintiff filed the
action. Establishes certain procedures regarding the execution and writ of possession when a court
renders a judgment in favor of the plaintiff in such cases, including authorizing the plaintiff to
request the sheriff of the county in which the property is located to immediately remove the
defendant.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Pursuant to Tenn. Code Ann. §§ 29-18-117 and 29-18-126, an unlawful detainer trial must
be held no less than six days after the date the warrant was served, and an execution or writ
of possession must not be issued against the defendant until 10 days after the judgement
was rendered.
• The proposed legislation requires that unlawful detainer trials based solely on the
nonpayment of rent be held no more than 14 days from when the plaintiff filed the action,
and limits the scope of hearing to only include facts and issues related to such nonpayment
of rent.
• Based on information provided by the Administrative Office of the Courts, any impact
resulting from these changes can be absorbed within existing judicial resources; therefore,
any fiscal impact to the courts is estimated to be not significant.
• The proposed legislation also requires that if the court renders a judgement in favor of the
plaintiff, the writ of possession must be issued to the defendant within 24 hours and require
the defendant to vacate the property within seven days. If the defendant fails to leave the
property, the plaintiff may request the immediate removal of the defendant from the sheriff
of the county in which the property is located.
• Sheriffs can execute any such removals within the normal course of business utilizing
existing resources.
• Any fiscal impact to state or local government is estimated to be not significant.
HB 452 - SB 806 2
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director