Tennessee Lease Agreement

Required Landlord Disclosures (3)

A landlord must give three disclosures to the tenant before or after signing the lease. These include information about who manages the property and specific health and safety risks.

Tennessee landlords must provide the following disclosures to tenants:

1. Lead-Based Paint: As is the case with all states, it is required to disclose when landlords have used lead-based paint or lead-based paint hazards on properties older than 1978. The lead-based paint disclosure is the only federally required disclosure.

2. Agent and Landlord Identification: The landlord and property owner information must be provided in written format before the lease term begins (Tenn. Code § 66-28-302(a)).

3. Showings: The lease must explicitly state that the landlord has the right to bring potential tenants onto the property in a tenant’s last 30 days before moving out (Tenn. Code § 66-28-403(e)(5)).

Note: Landlords must personally give these disclosures to the tenant.

Security Deposit Regulations

Maximum Security Deposit Amount: The law does not cap the amount a landlord can charge.

Receipt of Deposit: Landlords are not required to provide tenants with a security deposit receipt in Tennessee.

Deduction Tracking: The tenant has the right to ask the landlord for a list of expenses covered by the security deposit. If the landlord does not furnish this list, they may not retain any amount of the security deposit (Tenn. Code § 66-28-301(b)).

Returning a Tenant’s Security Deposit: In Tennessee, a landlord must return a security deposit to a tenant no later than 30 days after the tenant’s final day living on the property (Tenn. Code § 66-28-301(g)(1)).

Landlord’s Access to Property

Advance Notice: Tennessee landlords must give tenants 24 hours’ notice before accessing a property (Tenn. Code § 66-28-403(a)).

Immediate Access: Tennessee landlords can access property without notice only in emergencies (Tenn Code § 66-28-403(b)).

Landlord Harassment: If a landlord has been entering the property multiple times without providing notice, that is a case of landlord harassment. It could be sufficient to cause a tenant to break a lease early (Tenn. Code § 66-28-403(b)).

Rent Payment Laws

Grace Period: The grace period is 5 days in total. After the day rent is due, tenants have four additional days to remit rent or face penalties (Tenn. Code § 66-28-201(d)).

Late Rent Fees: Landlords can charge late fees up to 10% of the total rent (Tenn. Code § 66-28-201(d)).

Tenant’s Right to Withhold Rent: In Tennessee, a tenant can legally withhold rent payment only after notifying the landlord in writing that an essential utility or maintenance service has not been provided. Once they’ve issued a written notice, they can seek these services independently and deduct the amount they took care of from rent in an upcoming month (Tenn. Code § 66-28-502(a)(1)(A)).

Breach of Rental Agreement

Missed Rent Payment: If a tenant doesn’t pay rent by the end of their grace period, the first step a Tennessee landlord can take is to issue a 14-day notice to quit (Tenn. Code § 66-28-505(a)(2)).

Lease Violation: A Tennessee landlord can provide a notice to comply if there is a correctable lease violation, and the tenant has 14 days to fix it. Landlords are not required to issue a notice to cure in the event of a significant violation but rather provide a 3-day termination notice (Tenn. Code § 66-28-505(b)).

Self-Help Evictions: Self-help evictions are illegal in Tennessee. That means a tenant may be entitled to damages, moving back onto the property, and breaking the lease if desired (Tenn. Code § 66-28-504).

Lease Abandonment: When a Tennessee tenant breaks a lease early, they may need to pay rent until the landlord finds someone new to occupy the property (Tenn. Code § 66-28-507).

Ending a Lease

Month-to-Month: In Tennessee, landlords and tenants can terminate a month-to-month lease by providing 30 days’ notice (Tenn. Code § 66-28-512).

Fixed-Term: A tenant may break a fixed-term lease if sexual assault, domestic abuse, or stalking has occurred (Tenn. Code § 66-28-205(b)).

Property Abandonment: If a tenant leaves behind property when moving out, the landlord has to hold onto the property for 30 days or more (Tenn. Code § 66-28-40).

Watch our “Lease Breaking: A Guide for Landlords” webinar for more information.

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 a month-to-month lease or longer (Tenn. Code § 66-28-512).

Rent Control & Stabilization

Rent control and stabilization do not exist in Tennessee.