Forcible Entry and Detainer Defined — Where Action Does Not Lie

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  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Forcible Entry and Detainer
  5. Forcible Entry and Detainer Defined — Where Action Does Not Lie

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  1. A forcible entry and detainer is where a person, by force or with weapons, or by breaking open the doors, windows, or other parts of the house, whether any person be in it or not, or by any kind of violence whatsoever, enters upon land, tenement, or possession, in the occupation of another, and detains and holds the same; or by threatening to kill, maim, or beat the party in possession; or by such words, circumstances, or actions, as have a natural tendency to excite fear or apprehension of danger; or by putting out of doors or carrying away the goods of the party in possession; or by entering peaceably and then turning or keeping the party out of possession by force or threat or other circumstances of terror.
  2. No action for forcible entry and detainer shall lie against any tenant who has paid all rent due for current occupancy of the premises and who is not in violation of any law nor otherwise in breach of the tenant's written lease, but this subsection (b) shall not apply in any manner to farm property, nor shall this subsection (b) be construed to alter or amend any valid lease agreement in effect on May 31, 1979.

Code 1858, § 3342 (deriv. Acts 1821, ch. 14, § 2); Shan., § 5091; Code 1932, § 9245; Acts 1979, ch. 421, §§ 1-3; T.C.A. (orig. ed.), § 23-1602.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 686.

Tennessee Jurisprudence, 13 Tenn. Juris., Forcible Entry and Detainer, §§ 2, 3, 8.

Cited: Lewis v. Muchmore, 26 S.W.3d 632, 2000 Tenn. App. LEXIS 81 (Tenn. Ct. App. 2000); Self Help Ventures Fund v. Robilio, — S.W.3d —, 2010 Tenn. App. LEXIS 372 (Tenn. Ct. App. June 1, 2010).


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