Tennessee Landlord-Tenant Law: 2024 Overview of Rights

Whether you’re a landlord or a tenant in The Volunteer State, it’s crucial to understand all aspects of Tennessee landlord-tenant law. These regulations control the rental relationship, allowing landlords and tenants to make informed decisions about Tennessee lease agreements, security deposits, and other aspects of property rental.

Keep reading to illuminate both parties’ legal obligations and how they relate to Tennessee’s laws on tenant screening, rent control, and more.

Key Findings: Landlord-Tenant Rights & Responsibilities

Landlords and tenants in Tennessee have rights and responsibilities that shape their rental agreements. Understanding these rights and obligations is crucial for a successful and harmonious landlord-tenant relationship.

The key points are:

Tennessee landlords have the right to:

• Charge late fees for unpaid rent: Landlords have the right to receive rent payments on time and in full as outlined in the lease agreement. If rent is late, landlords can charge a late fee of up to 10%.
• Collect a security deposit: Landlords can collect a security deposit to cover potential damages to the property or unpaid rent. The amount landlords can charge as a security deposit is not limited.
• Inspect the property: Landlords have the right to inspect the property periodically to make repairs and ensure the tenant maintains it.
• Enter the property with notice: Landlords can enter the property under certain circumstances, such as to make repairs or show the property to potential tenants.
• Evict tenants: Landlords have the right to evict tenants for specific reasons, such as non-payment of rent or violating lease terms.

Tennessee landlords are responsible for:

• Providing habitability: Landlords are responsible for ensuring the property is habitable, meaning it meets essential health and safety standards. Habitability requirements include working plumbing, electricity, and heat.
• Making necessary repairs: Landlords are obligated to make necessary repairs to the property in a timely manner unless the tenant’s negligence caused the damage.
• Respecting tenant privacy: Landlords must respect tenant privacy and avoid unreasonable intrusions or disturbances.
• Complying with fair housing laws: Landlords cannot discriminate against tenants based on protected characteristics, such as race, color, religion, sex, national origin, disability, or familial status.
• Following eviction laws: Landlords must follow legal procedures when evicting a tenant, including giving proper notice and going through the court system if necessary.

Tennessee tenants have the right to:

• A habitable property: Tenants have the right to live in a safe and habitable dwelling that meets basic health and safety standards.
• Quiet enjoyment: Tenants have the right to peaceful enjoyment of their rental unit without unreasonable interference from the landlord or other tenants.
• Privacy: Tenants have the right to privacy within their rental unit, and landlords must give reasonable notice before entering.
• Prompt security deposit return: Tenants are entitled to receive their security deposit within 30 days of moving out, minus any damage deductions or unpaid rent.
• Fair housing practices: Fair housing laws protect tenants from discrimination based on race, color, religion, national origin, sex, disability, or familial status.

Tennessee tenants are responsible for:

• Paying rent on time: Tenants are responsible for paying rent on time and in full as specified in the lease agreement.
• Maintaining the property: Tenants are expected to keep the property clean and safe and avoid damage.
• Following lease terms: Tenants must adhere to the terms and conditions outlined in the lease agreement, including rules about pets, noise levels, and occupancy limits.
• Providing proper notice: Tenants are required to give appropriate notice to the landlord before breaking the lease or moving out.
• Respecting other tenants: Tenants should respect the rights of other tenants and avoid causing disturbances or nuisances.

Best Practices for Screening Prospective Tenants

Tennessee landlords can charge a rental application fee, and no specific regulations control the amount they can charge applicants. Ultimately, landlords have the discretion to set the fee amount.

It’s important to note that while there’s no strict cap, the fee should be reasonable and directly related to the costs of screening potential tenants. These costs typically include background checks, credit reports, eviction histories, and other administrative expenses.

Tennessee landlords can inquire about a tenant’s criminal and credit history, but adhering to fair housing laws and avoiding discriminatory practices is critical. When conducting background checks, consider the nature of the offense, the time elapsed since the offense, and its relevance to the tenancy.

Try TurboTenant’s Tenant Screening feature to ensure a smooth and compliant tenant screening process. Our software empowers you to confidently rent to trustworthy tenants while adhering to fair housing laws.

Compliance with Fair Housing Laws in Tennessee

Tennessee has federal and state fair housing laws, allowing tenants to seek housing without fear of discrimination.

The Tennessee Human Rights Act and Tennessee Disability Act prohibit housing discrimination based on race, color, religion, sex, national origin, disability, and familial status. These laws protect tenants from discriminatory practices such as refusal to rent, discriminatory advertising, and harassment.

What actions are considered housing discrimination?

Housing discrimination occurs when landlords refuse to rent to individuals based on protected characteristics like race, color, religion, sex, national origin, disability, or familial status. It can also involve discriminatory practices such as harassment, discriminatory advertising, or imposing harsher lease terms on certain tenants.

Landlords found guilty of housing discrimination face severe civil penalties and may lose qualified tenants.

How can discrimination be avoided in rental practices?

Landlords must comply with fair housing laws to avoid discriminatory practices. To ensure fairness, they must use standardized rental applications, establish objective screening criteria, and avoid asking discriminatory questions. They must also treat all tenants equally, regardless of protected characteristics, and maintain clear and consistent policies.

Consider reasonable accommodations for tenants with disabilities and consult with them to determine their specific needs. Regular fair housing training for staff is crucial to preventing discriminatory practices and maintaining compliance with federal and state laws.

By following these guidelines, landlords can create a fair and inclusive rental environment while protecting their legal interests.

What are the repercussions for fair housing violations?

Violating fair housing laws in Tennessee can result in severe legal and financial consequences. Landlords may face significant fines, court orders to cease discriminatory practices, and be held responsible for legal fees.

In some cases, landlords may even face punitive damages or criminal charges. Landlords must understand and comply with fair housing laws to avoid these risks.

If a tenant accuses you of fair housing violations, you should document all evidence to the contrary and consult a licensed attorney for further guidance.

Tennessee Lease Agreements

Tennessee law does not explicitly require written lease agreements, but we highly recommend them to protect landlords and tenants. A well-crafted lease agreement serves as a legally binding contract that outlines the rights and responsibilities of both parties. It helps prevent misunderstandings, disputes, and potential legal issues.

Lease agreements are typically month-to-month or fixed-term. Month-to-month leases offer flexibility but require less notice for termination. Fixed-term leases provide stability for a specific period, often one year.

Both types of leases should clearly define terms like rent amount, payment due date, security deposit, property condition, and rules and regulations for the property. A written Tennessee lease agreement allows landlords and tenants to protect their interests and maintain a positive rental relationship.

Which lease terms are legally required in Tennessee?

In Tennessee, landlords must state they’re not responsible for providing fire/casualty insurance for a tenant’s personal belongings. Further, landlords must provide a 5-day grace period for rent payments; late fees cannot exceed 10% of the rental amount.

It’s worth noting that landlords cannot include any terms that would waive a tenant’s rights or ability to seek remedies.

Additionally, landlords must provide their contact information for legal notices and details regarding late fees and returned checks.

What constitutes legal renting in Tennessee?

Landlords in some Tennessee cities, like Nashville, need a rental license from their local government. The requirements for getting a rental license typically include filling out an application, paying the required fees, and waiting for approval.

What tenant documentation is required?

Tennessee doesn’t have specific, mandated tenant documentation, but landlords typically require a valid government-issued ID and proof of income or savings to rent a property in the state. Landlords may also request additional information, such as references, Social Security numbers, and signed consent forms for background checks.

Both landlords and tenants should maintain detailed records of all rental-related transactions, including lease agreements, rent payments, maintenance requests, and correspondence. These records can be crucial evidence in resolving disputes or legal actions.

What are the mandatory landlord disclosures in Tennessee?

In Tennessee, there are three legally required disclosures landlords must make to tenants in Tennessee:

1. Agent/Landlord identification: The landlord or their authorized agent must provide the tenant with their name, address, and contact information in writing before or at the beginning of the tenancy (§ 66-28-302).
2. Showings disclosure: If a Tennessee landlord wants to show the property to prospective tenants during the final 30 days of tenancy, the right to access the property for this purpose must be stated in the rental agreement (§ 66-28-403).
3. Lead-based paint disclosure: Federal law requires that all residences built before 1978 include a disclosure that notifies tenants of the possible existence of lead-based paint on the premises.
4. Bank location and address where security deposits are held. (§ 66-28-301)

Security Deposits in Tennessee

Landlords may collect a security deposit to protect against potential damages or unpaid rent. The landlord must hold this deposit and return it to the tenant, less any legitimate deductions, upon the termination of the tenancy.

What are the guidelines for security deposit collection?

There is no state-mandated limit on how much a Tennessee landlord may collect for a security deposit, and there are no laws requiring a landlord to collect or pay interest on a security deposit.

When can deductions be made from security deposits?

Yes, security deposits can be deducted for damage beyond normal wear and tear. If a tenant requests it, the landlord must provide a written itemized list of damages to justify any deductions (§ 66-28-301).

How should security deposits be returned?

According to Tennessee law, the landlord must return the security deposit to the tenant within 30 days of the tenant’s departure (§ 66-28-301).

Maintenance Responsibilities of Landlords

As part of Tennessee tenant rights, landlords must maintain the dwelling unit in a safe, habitable condition. This includes making necessary repairs to the dwelling unit and appliances to ensure all are in good working order.

What are the legal standards for property conditions?

Tennessee landlords are legally obligated to provide a safe and habitable rental property. This means the property must meet basic health and safety standards, including:

• Essential services: Functional plumbing, heating, and electrical systems.
• Structural integrity: Sound walls, ceilings, floors, and roofs.
• Safety features: Adequate lighting, working smoke detectors, and carbon monoxide detectors.
• Sanitary conditions: Free from pests, mold, and other health hazards.

If a rental property fails to meet these standards, it can be considered uninhabitable. Tenants may have legal remedies, such as withholding rent or filing a lawsuit.

What is the proper protocol for repairs?

If tenants notice a repair issue, they should notify their landlord in writing. Landlords typically have 14 days to address non-emergency repairs.

Timely action is expected in emergencies. If a landlord fails to make necessary repairs, tenants may have recourse, such as making repairs themselves and deducting costs from rent, withholding rent, or pursuing legal action (§ 66-28-502).

Do landlords need to give tenants advance notice before accessing a rental property?

Tennessee landlords have the right to reasonably access the rental property to perform inspections, maintenance, or repairs. If the landlord wishes to show the unit to a prospective tenant, they must give at least 24 hours’ notice (§ 66-28-403).

The only time a landlord doesn’t need to give notice to enter a property is when there is an emergency (§ 66-28-403).

Late Rent Fee Regulations

Landlords cannot charge a late fee or initiate an eviction process until five days after the rent is due. If rent remains unpaid after this grace period, the landlord may issue a 14-day notice to vacate.

Tennessee does allow landlords to charge a late fee. Late fees can be a maximum of 10% of the monthly rent (§ 66-28-201).

Rent Control in Tennessee

Rent control is a government regulation that limits the amount landlords can charge for rent. Tennessee does not have any statewide rent control laws. This means landlords can set their rental rates and increase them as they see fit, as long as the increase is not discriminatory.

While no specific rent control laws exist, landlords generally cannot increase rent during a fixed-term lease. Rent increases can only occur at the beginning of a new lease term. However, landlords have no legal requirement to provide advance notice of a rent increase.

Lease Renewal and Termination

In Tennessee, landlords are not required to renew leases so long as it’s not for discriminatory reasons. However, both landlords and tenants do need to give proper notice if they will not be renewing a lease after the term ends. This notice period is typically a 30-day written notice for a month-to-month or fixed-term lease. For a week-to-week lease, the notice period drops to 10 days (§ 66-28-101).

While Tennessee law doesn’t explicitly list all circumstances for early lease termination, tenants may be able to break a lease due to military deployment, domestic violence, or uninhabitable conditions. Landlords may terminate a lease early if the tenant violates the lease agreement, fails to pay rent, or if the landlord needs to sell or renovate the property. However, landlords must typically provide proper notice and follow legal procedures.

Eviction Procedures for Tennessee Landlords

Generally, eviction should only be used as a last resort to remove problem tenants from a property. Eviction procedures differ from state to state, so it’s important to understand eviction reasons and proper procedures in Tennessee.

What justifications exist for eviction?

Tennessee generally follows a no-cause eviction law, meaning landlords can evict tenants without a specific reason as long as they provide proper notice. However, there are limitations. Landlords must adhere to fair housing laws and cannot discriminate against tenants based on protected characteristics.

Landlords in Tennessee can initiate eviction proceedings for several reasons, including:

• Non-payment of rent: Failure to pay rent on time, even after receiving a grace period notice.
• Lease violations: Breaking the terms of the lease agreement, such as violating noise ordinances, causing property damage, or having unauthorized occupants.
• Illegal activity: Engaging in illegal activities on the property, such as drug use or criminal activity.
• Failure to maintain property: Not keeping the property in a clean and sanitary condition.

What is the eviction process?

Tennessee follows a specific eviction process, which typically involves the following steps:

• 14-day notice to quit: The landlord must provide a written notice to the tenant, specifying the reason for eviction and providing them a specific amount of time to rectify the issue or vacate the premises.
• Eviction filing: If the tenant fails to comply with the notice, the landlord can file an eviction lawsuit.
• Court hearing: The court schedules a hearing to determine the validity of the eviction.
• Judgment and writ of possession: If the court rules in favor of the landlord, a judgment is issued, and the judge grants a writ of possession.
• Eviction: Law enforcement officers are authorized to remove the tenant from the property.

How is property reclaimed after eviction?

If a tenant abandons the rental property (either after an eviction or just in general), the landlord must store the tenant’s belongings for at least 30 days before disposing of them (§ 66-28-405).

Local Ordinances for Landlords and Tenants

This article provides a general overview of Tennessee’s landlord-tenant laws, but regulations may vary by city or county.

More information is available on Tennessee’s state legislature’s official website, and for ordinances specific to your area, visit Municode or American Legal Publishing.

Federal Landlord-Tenant Laws

Federal laws, such as the Fair Housing Act and the Americans with Disabilities Act, also apply to rental situations across Tennessee.

If questions arise surrounding federal housing regulations, check with these resources for more information:

• Consumer Financial Protection Bureau
• Environmental Protection Agency 
• Department of Housing and Urban Development

Managing Tenant Legal Disputes as a Tennessee Landlord

Landlord-tenant disputes can escalate, leading to legal action. To minimize issues, address problems promptly and professionally, maintain open communication, and document interactions.

Also, adhere to Tennessee’s landlord-tenant laws, including proper notice periods. Consider mediation for less formal dispute resolution. For complex legal matters, consult an attorney experienced in landlord-tenant law.

Tennessee landlords can reach out to licensed attorneys or other legal experts using the resources below:

• Tennessee Supreme Court self-help center: This website offers resources and information on various legal issues, including landlord-tenant law.
• Help4TN: A free website offering tons of legal advice for Tennesseans, including landlord-tenant law.
• Tennessee State Bar Association: This organization offers free legal advice online and can help connect landlords with lawyers in the state.
• EZ Evict USA: Handles the eviction process for landlords and property owners.

Navigate Your Landlord-Tenant Relationship with TurboTenant

Now that you’re familiar with the fundamentals of Tennessee landlord-tenant law consider creating a free TurboTenant account for additional support. We assist landlords across the country in fostering better tenant relationships through features such as:

• Streamlined rental applications: Simplify the process of finding new tenants while complying with landlord-tenant laws.
• In-depth tenant screenings: Gain valuable insights into potential tenants.
• Customizable lease agreements: Create legally binding lease agreements that outline each party’s responsibilities.
• Efficient rent collection: Track rent payments with ease.

TurboTenant’s free property management software can help you navigate Tennessee tenant rights and more.

Disclaimer: TurboTenant does not provide legal advice. This information is for educational purposes only. Always consult with a legal professional for personalized advice.

FAQs: Landlord-Tenant Laws in Tennessee