Tennessee Room Rental Agreement
If you’ve decided to rent a room in your home, you’ve come to the right place. Renting a room (or “house hacking”) is a great way to ease yourself into becoming a landlord. Plus, you can put a little extra coin in your pocket.
But just because it’s a room in your home and not a full rental unit, doesn’t mean you don’t need a rental agreement. Like every other state, Tennessee manages its own laws regarding how room rentals work, including rules around security deposits, rent collection, and landlord access. We’ll go over those regulations and more in the following sections.
Tennessee Room Rental Laws
When putting together your room rental agreement, Tennessee landlords will want to review all relevant landlord-tenant laws. Understanding these laws will help you stay legally compliant and avoid issues with your tenants.
We’ll review the disclosures Tennessee law requires you to provide, how to terminate an agreement, and more.
Types of Room Rental Agreements
You have a few options for your Tennessee room rental agreement, and the style of lease that’s right for you could change over time.
Verbal agreement: While a verbal agreement may seem like a fine idea for a room rental, we don’t recommend them, because they’re hard to enforce. TurboTenant recommends a written lease to protect the landlord and tenant. Plus, when you use a TurboTenant lease, you gain a digital document you can access, print, or sign easily. Sign up for an account and check it out.
Fixed-term lease: Fixed-term leases offer stability because they start and end on set dates.
Month-to-month lease: A month-to-month agreement creates a tenancy-at-will because there is no end date. These contracts automatically renew each month until either party terminates the lease.
Tennessee Lease Agreement
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Tennessee Month-to-Month Lease Agreement
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Required Landlord Disclosures
When signing a room rental agreement, Tennessee landlords must make certain disclosures to the tenant per Tennessee landlord-tenant law. These disclosures are:
1. Lead-based paint: Per federal law, landlords must disclose the presence of or knowledge of lead-based paint or lead-based paint hazards for all properties built prior to 1978.
2. Landlord identification: Landlords must list, in writing, the name and address of the property owner and any agents authorized to manage the unit. Additionally, landlords must list the phone number, a 24-hour emergency number, office email, and maintenance email address within 10 days of signing the lease (TN Code § 66-28-302).
3. Security deposit location: Tennessee landlords must tell the tenants the location of the security deposit, but do not need to list the account number (TN Code § 66-28-301(h)).
4. Showings: Landlords must include in the lease agreement the right to enter the unit during the last 30 days of the lease to show it to prospective tenants (TN Code § 66-28-403(e)(5)).
Security Deposits
Maximum security deposit: There is no dollar amount limitation on security deposits in Tennessee.
Security deposit receipt: The landlord is not required to give the tenant a receipt for the security deposit.
Deduction tracking: If the tenant requests it, the landlord must provide them with a comprehensive list of deductions from the security deposit to cover damages made during the tenancy (TN Code § 66-28-301(b)(2)(A)).
Security deposit return: Security deposits must be returned within 30 days, or 7 days after a new tenant moves in (TN Code § 66-28-301(g1))
Pet deposits: Tennessee landlords are allowed to charge a deposit for pets, unless the animal is a service or emotional support animal (ESA).
Rent Payment Regulations
Late rent fees: Late fees may not exceed 10% of past due rent (TN Code § 66-28-201(d)).
Right to withhold rent: If a landlord fails to provide an essential service (electricity, gas, heat, etc), the tenant must notify the landlord. The tenant could also arrange for the service and deduct the cost from the rent. Additionally, they may sue the landlord for damages based on the value of the repair, or find substitute housing without having to pay rent on their unit during the landlord’s noncompliance (TN Code § 6-28-502).
Grace period: Tennessee landlords must give tenants a 5-day grace period before considering rent late (TN Code § 66-28-201(d)).
Pet rent: Landlords in Tennessee are allowed to charge pet rent, except for service animals or ESAs.
Rent Payment Increase Rules
Rent payment increase frequency: No specific legislation limits the number of times a landlord can increase the rent during a tenancy. For fixed-term leases, however, rent cannot be increased until the end of the term, unless there is a clause in the lease that allows for it.
Rent payment increase maximum: There is no limit to the amount rent can be increased in Tennessee.
Rent control/stabilization: Tennessee has no statewide rent control protections in place.
Room Rental Agreement Breaches
Failure to pay: Once rent is late on a room rental agreement, Tennessee landlords can issue a 14-day Notice to Pay or Quit. (URLTA, § 66-28-505(a)(1-2)).
Lease violations: The landlord can issue a 14-day Notice to Quit for a first-time lease violation, and they can choose to give the tenant a chance to remedy the violation. For repeat violations of the same kind within 6 months, the landlord can issue a 7-day Notice to Quit (URLTA, § 66-28-505(a)(1-2)).
Lease abandonment: If a tenant abandons the lease early, they could be responsible for real damages. Additionally, they may owe the remaining rent on the lease term until the landlord finds a new tenant to fill the unit (URLTA, § 66-28-507).
Self-help evictions: Landlords should never attempt to remove a tenant on their own, as self-help evictions are illegal. The landlord should always follow the legal eviction procedures (URLTA, § 66-28-504).
Ending a Room Rental Agreement
To end a room rental agreement, Tennessee landlords and tenants must either wait for the term to end or provide proper notice if it’s a month-to-month lease.
Month-to-month: To end a month-to-month Tennessee room rental agreement, either party can provide 30 days’ written notice (URLTA, § 66-28-512(b)).
Fixed-term: Unless there is an early termination clause, a fixed-term lease ends on the last day listed in the agreement.
Tenant’s right to terminate: Tenants may be able to end their lease early, without penalty, in certain situations. Circumstances include active military duty, uninhabitable living conditions, landlord harassment, or becoming the victim of domestic or sexual violence.
Landlord Room Access Laws
Immediate access: Tennessee landlords may enter a rental unit without providing notice or contacting the tenant in cases of emergency (TN Code § 66-28-403(b)).
Landlord harassment: If a landlord repeatedly enters the rental unit without notice, they could be found liable for landlord harassment. That could allow the tenant to end the lease early (TN Code § 66-28-403).
Advance notice: Tennessee does not specify a timeframe by which the landlord must notify the tenant before entering the rental unit.
Agreement Renewal/Termination
Required renewals: Tennessee law doesn’t require landlords to renew a lease when it ends.
Required notice: No notice is required if a landlord does not intend to renew a fixed-term Tennessee room rental agreement.
Month-to-month considerations: Month-to-month leases require 30 days’ notice from either party to terminate (URLTA, § 66-28-512(b)).
Room Rental Agreement Tennessee FAQs
What to include in a Tennessee room rental agreement?
A Tennessee room rental agreement should include the names of both parties, a description of the room and property, rent and security deposit amounts, and general expectations for all parties.
How do I legally rent out a room?
To legally rent out a room, check with your local government to ensure you have any permits you might need before accepting a tenant. The room must be in a habitable condition and be accompanied by a legally valid lease agreement.
How to make a Tennessee room rental agreement?
TurboTenant makes it easy to create a customized Tennessee room rental agreement. Sign up for a free account today and make your landlording life a breeze.
