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Tennessee

This article provides a quick overview of some key Tennessee Landlord-Tenant laws applicable to residential rental units. We’ve used the Official Tennessee Statutes cited below to research this information and it should be a good starting point in learning about the law.

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Tennessee Commercial Lease Agreement

Tennessee Landlord Tenant Key Rules

Official Tennessee Forms:

Leases

Notices

Addendums

Forms

Property Management

Disclosures

Checklists

 

Applications

Letters

 

Security Deposit

TOPIC RULE
Security Deposit Maximum: No designated maximum security deposit. Tenn. Code § 66-28-301
Security Deposit Interest: No statute.
Separate Security Deposit Bank Account: A landlord of residential property requiring security deposits prior to occupancy is required to deposit all tenants’ security deposits in an account used only for that purpose. Tenn. Code § 66-28-301
Non-refundable fees: No statute.
Pet Deposits and Additional Fees: No statute.
Deadline for Returning Security Deposit: A landlord must return the security deposit within 30 days after the tenant vacated the premises. Tenn. Code § 66-28-301
Permitted Uses of the Deposit: No statute.
Security Deposit can be Withheld: No landlord shall be entitled to retain any portion of a security deposit if the security deposit was not deposited in an account as required by subsection (a) and a listing of damages is not provided as required by subsection (b). Tenn. Code § 66-28-301
Require Written Description/Itemized List of Damages and Charges: A landlord is required to inspect the property and make a detailed list of any damages beyond normal wear and tear. Tenants have the right to a mutual inspection. Tenn. Code § 66-28-301
Receipt of Security Deposit: No statute.
Record Keeping of Deposit Withholdings: No statute.
Failure to Comply: No statute.

Lease, Rent & Fees

TOPIC RULE
Rent is Due: Unless otherwise agreed by both parties, rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month. Upon agreement, rent shall be uniformly apportionable from day to day. Tenn. Code § 66-28-201
Payment Methods: Tenants are able to pay rent in various methods, but must be approved by the landlord.
Rent Increase Notice: No statute.
Late Fees: A landlord is permitted to charge a fee for late payment of rent beginning after the fifth day that rent is due. It shall not exceed ten percent (10%) of the amount of rent past due. Tenn. Code § 66-28-201
Application Fees: There are no specific limits on the amount landlords can charge for rental application fees in Tennessee.
Prepaid Rent: No statute.
Returned Check Fees: The landlord is authorized to assess a handling charge against the check maker in an amount not to exceed $30.00. Tenn. Code § 47-29-102
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Tenants are permitted to withhold rent if the landlord fails to make necessary repairs or provide essential services. Tenn. Code § 66-28-502
Tenant Allowed to Repair and Deduct Rent: Tenants are permitted to pay for necessary repairs and deduct the cost of future rent. Tenants should document all repairs and receipts to provide to their landlord for verification. Tenn. Code § 66-28-502
Self-Help Evictions: Self-help evictions are illegal. They are considered disorderly conduct. Landlords engaging in self-help evictions can be sued by the tenant. Tenn. Code § 66-28-514
Landlord Allowed to Recover Court and Attorney’s Fees: The landlord may bring an action for possession, back rent and reasonable attorney’s fees as well as any other damages provided for in the lease if a tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination. Tenn. Code § 66-28-512
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: If the tenant abandons the dwelling unit, the landlord shall use reasonable efforts to re rent the dwelling unit at a fair rental. Tenn. Code § 66-28-507

Notices and Entry

TOPIC RULE
Notice to Terminate Tenancy: No statute.
Notice to Terminate a Periodic Lease – Month-to-Month: The landlord or the tenant may terminate a month-to-month lease with a written notice given to the other at least thirty (30) days prior to the periodic rental date specified in the notice. Tenn. Code § 66-28-512
Notice to Terminate a Periodic Lease – Week-to-week: The landlord or the tenant may terminate a week-to-week lease with a written notice given to the other party at least ten (10) days prior to the termination date specified in the notice. Tenn. Code § 66-28-512
Notice to Terminate Lease due to Sale of Property: The owner must give each tenant at least two (2) months’ actual notice of such owner’s or lessor’s intent to convert such tenant’s property from a rental unit to a property for sale. Tenn. Code § 66-28-512
Notice of date/time of Move-Out Inspection: No statute.
Notice of Termination for Nonpayment: A landlord must give fourteen (14) days’ notice of termination of tenancy for the purpose of eviction of a residential tenant. Tenn. Code § 66-7-109
Notice for Lease Violation: A landlord must give thirty (30) days’ notice of termination of tenancy for the purpose of eviction of a residential tenant for a lease violation. Tenn. Code § 66-7-109
Required Notice before Entry: No statute, but 24 hours is recommended.
Entry Allowed with Notice for Maintenance and Repairs: The tenant shall not withhold consent to the landlord to enter onto the premises, including entering into the dwelling unit, in order to inspect the premises, make necessary or agreed repairs, or improvements, supply necessary or agreed services, or exhibit the premises to prospective or actual purchasers, mortgagees, workers or contractors. Tenn. Code § 66-28-403
Emergency Entry Allowed without Notice: The landlord may enter the premises without consent of the tenant in case of emergency. Tenn. Code § 66-28-403
Entry Allowed During Tenant’s Extended Absence: During any absence of the tenant for more than seven (7) days, the landlord is permitted to enter the dwelling unit at times reasonably necessary. Tenn. Code § 66-28-507
Entry Allowed with Notice for Showing the Property: The tenant shall not withhold consent to the landlord to enter onto the premises, including entering into the dwelling unit, in order to exhibit the premises to prospective or actual purchasers, mortgagees, workers or contractors. Tenn. Code § 66-28-403
Notice to Tenants for Pesticide Use: No statute.
Lockouts Allowed: Lockouts are not permitted.
Utility Shut-offs Allowed: If a rental lease agreement states that the tenant must have utility services transferred into their name(s), and the tenant(s) fails to do so within three (3) days of occupying the rental property, the landlord has the right to disconnect the utilities, provided that the utility services are currently in the landlord’s name. Tenn. Code § 66-28-521
Electronic Notices Allowed: no

Disclosures

Duties

Landlord’s Duties

Tenant’s Duties