Tennessee Residential Lease Agreement

Required Landlord Disclosures (5)

A landlord must disclose certain information to the tenant before the tenant signs the lease and the tenancy begins. Tennessee landlords must provide the following disclosures to tenants:

1. Lead-based paint: As with all states, landlords must disclose known lead-based paint or lead-based paint hazards before a tenant signs a lease for most properties built before 1978. The lead-based paint disclosure is the only federally required disclosure (42 U.S.C. § 4852d).
2. Agent and landlord identification: Before the tenancy begins, the landlord, or anyone authorized to enter into the Tennessee agreement on the landlord’s behalf, must disclose in writing the name and address of the agent who manages the property and the owner or authorized agent who accepts service of process and notices. The landlord must also provide a phone number or email for maintenance services, or an online portal for landlord-tenant communication (Tenn. Code Ann. § 66-28-302).
3. Renters insurance advisory: The landlord must advise the tenant in writing that they’re not responsible for, and will not provide, fire or casualty insurance for the tenant’s personal property (Tenn. Code Ann. § 66-28-201(a)).
4. Showings: The lease must state that the landlord has the right to enter the property during the final 30 days of the rental agreement to show it to prospective tenants. They must give the tenant at least 24 hours’ notice before entering (Tenn. Code Ann. § 66-28-403(e)).
5. Security deposit location: If a landlord collects a security deposit, the landlord must place it in a separate account and notify the tenant of the account’s location when the tenant signs the lease and submits the deposit. The landlord does not need to provide the account number (Tenn. Code Ann. § 66-28-301(h)).

Security Deposit Regulations

Maximum security deposit amount: Tennessee law does not limit the amount a landlord can charge for a security deposit.

Receipt of deposit: Tennessee law does not require landlords to provide a separate security deposit receipt.

Security deposit location: Landlords must keep security deposits in a separate account and notify tenants of the account’s location when they sign the lease and submit the deposit. Landlords do not need to provide the account number (Tenn. Code Ann. § 66-28-301(h)).

Deduction tracking: The tenant has the right to inspect the premises to determine liability for damages charged against the security deposit. If the landlord fails to deposit the security deposit into the required account and provide the required damage list, the landlord may not retain any portion of the deposit (Tenn. Code Ann. § 66-28-301(b)).

Returning a tenant’s security deposit: If the tenant leaves without owing rent and has a refund due, the landlord must notify the tenant of the refund amount at the tenant’s last known or reasonably determinable address. If the tenant does not respond within 60 days after the landlord sends that notice, the landlord may keep the deposit (Tenn. Code Ann. § 66-28-301(f)).

Landlord’s Access to Property

Advance notice: Landlords do not need to give 24 hours’ notice for every entry. They need tenant consent for most entries, but tenants cannot unreasonably refuse access for inspections, repairs, services, or improvements (Tenn. Code Ann. § 66-28-403(a)).

Immediate access: Tennessee landlords may enter the property without consent in an emergency or when utilities have been shut off through no fault of the landlord (Tenn. Code Ann. § 66-28-403(b), § 66-28-403(c)).

Landlord harassment: A landlord cannot abuse the right of access or use it to harass the tenant. If a landlord makes an unlawful entry, enters unreasonably, or makes repeated lawful demands for entry that harass the tenant, the tenant may seek an injunction or terminate the lease and recover damages (Tenn. Code Ann. § 66-28-403(d), § 66-28-513).

Rent Payment Laws

Grace period: Tennessee has a 5-day grace period. The day rent is due counts as the first day, and landlords may charge late fees only after the grace period ends (Tenn. Code Ann. § 66-28-201(d)).

Late rent fees: Landlords can charge late fees up to 10% of the past-due rent amount (Tenn. Code Ann. § 66-28-201(d)).

Tenant’s right to withhold rent: In Tennessee, a tenant may withhold rent to obtain essential services and deduct the actual and reasonable cost from the rent only after giving the landlord written notice that the landlord deliberately or negligently failed to provide those services (Tenn. Code Ann. § 66-28-502(a)).

Breach of Rental Agreement

Missed rent payment: When a tenant does not pay rent by the end of the grace period, the landlord may deliver a 14-day Notice to Pay or Quit. If an additional nonpayment occurs within 6 months, the landlord may terminate the lease with at least 7 days’ notice, without an opportunity to cure (Tenn. Code Ann. § 66-28-505(a)).

Lease violation: For a lease violation that the tenant can fix, the landlord may give a 14-day notice to cure or quit. If the same violation recurs within 6 months, or the breach cannot be cured, the landlord may terminate on at least 7 days’ notice (Tenn. Code Ann. § 66-28-505(a)).

Self-help evictions: A tenant may recover possession, terminate the lease, and seek damages if the landlord unlawfully removes the tenant or cuts off essential services (Tenn. Code Ann. § 66-28-504).

Lease abandonment: If a Tennessee tenant abandons a rental, the landlord must make reasonable efforts to re-rent the property at a fair rental amount (Tenn. Code Ann. § 66-28-507(c)).

Ending a Lease

Month-to-month: In Tennessee, landlords and tenants can terminate a month-to-month lease by giving at least 30 days’ written notice before the rental date listed in the notice (Tenn. Code Ann. § 66-28-512(b)).

Fixed-term: A tenant who qualifies as a domestic abuse, sexual assault, or stalking victim may terminate a fixed-term lease by providing written notice and supporting documentation (an order of protection or police report dated within 60 days). The tenant must vacate within 30 days of giving notice, or on a mutually agreed date within that 30-day window. No advance notice period is required; the tenant gives notice and has up to 30 days to leave (Tenn. Code Ann. § 66-28-205(b)).

Property abandonment: If a tenant leaves property behind after abandoning the rental, the landlord must give proper notice and store the items for at least 30 days after taking possession before disposing of them (Tenn. Code Ann. § 66-28-405(b), § 66-28-405(c)).

Renewing a Lease

Required renewals: Tennessee landlords are not required to let tenants renew their leases.

Required notice: The minimum notice required is 10 days for week-to-week leases or 30 days for month-to-month leases (Tenn. Code Ann. § 66-28-512(a), § 66-28-512(b)).