Cal. Civ. Code § 29-18-104
Unlawful detainer defined.
Operative Text
Unlawful detainer is where the defendant enters by contract, either as tenant or as assignee of a tenant, or as personal representative of a tenant, or as subtenant, or by collusion with a tenant, and, in either case, willfully and without force, holds over the possession from the landlord, or the assignee of the remainder or reversion.
Under Tenn. Code Ann. tit. 29, ch. 18 § 29-18-104, 'unlawful detainer' describes a specific legal situation in which a person who originally entered a property through a contractual relationship — such as a tenant, subtenant, assignee, or personal representative of a tenant — continues to occupy that property after their right to do so has ended, doing so willfully and without the use of force. The rule covers not only direct tenants but also those who gained entry through collusion with a tenant. This provision establishes the legal definition that forms the basis for unlawful detainer proceedings in Tennessee.
Plain English — not legal advice.
Under § 29-18-104, a landlord or the assignee of a remainder or reversion interest who needs to reclaim possession from someone holding over after a tenancy has ended may rely on this statutory definition to initiate an unlawful detainer action. Operators who document the original contractual basis for occupancy — lease agreements, assignments, or sublease arrangements — are generally better positioned to establish the elements of the claim. Understanding that the statute also covers those who entered by collusion with a tenant helps property owners identify the full range of parties who may be subject to such proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 29-18-104 defines the circumstances under which a tenant or related occupant can be subject to an unlawful detainer action in Tennessee, which is relevant to anyone who has received a notice to vacate or a court summons. Because the definition encompasses not just primary tenants but also subtenants, assignees, and personal representatives, occupants in any of those roles may find it useful to understand how their specific type of occupancy relates to this provision. Tenant-rights organizations and legal aid services can help occupants evaluate whether the elements of unlawful detainer under this section actually apply to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 29, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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