NOTE: Tennessee’s Uniform Residential Landlord-Tenant Act (URLTA) applies only to counties with a population of more than 75,000. This covers about 75% of tenants in Tennessee. In all other counties, the lease, locally applicable laws, and local common law will control disputes.
As of the publication of this article, these are the counties where the URLTA does apply: Anderson, Blount, Bradley, Davidson, Greene, Hamilton, Knox, Madison, Maury, Montgomery, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson, and Wilson.
| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Tennessee?
Tennessee landlords have the right to enter a rental property for the following reasons:
- Inspecting the property.
- Maintenance and repairs.
- Showing the property.
- Emergencies.
Can a Landlord Enter Without Permission in Tennessee?
Tennessee landlords can legally enter a rental property without the tenant’s permission in emergencies. They can also enter without permission to inspect the property and secure it from damage, when utilities have been turned off through no fault of the landlord.
Can a Landlord Enter Without the Tenant Present in Tennessee?
Tennessee landlords can legally enter rental property without the tenant present.
Can a Landlord Show a House While Occupied in Tennessee?
Tennessee landlords can show an occupied house. The renter can’t unreasonably refuse. In most cases, the landlord doesn’t have specific limits on showings.
However, for potential future tenants only, the landlord has to specifically reserve the right to show in the lease, and can only show the rental property to such people during the final 30 days of the lease, with at least 24 hours of notice before each entry.
How Often Can Landlords Conduct Routine Inspections in Tennessee?
Tennessee landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Tennessee?
Tennessee landlords have no specific notice requirements before entering rental property, except for showing the property to potential renters, which requires 24 hours of notice. Because of this guideline, a minimum of 24 hours is reasonable notice unless there’s a specific reason for a lesser amount.
Can a Landlord Enter Without Notice in Tennessee?
Tennessee landlords don’t have clear guidelines on no-notice entries, except for showing the property to potential renters which does legally require notice. However, the landlord needs permission to enter in every case except emergencies, so the landlord can almost never enter legally without contacting the renter in some way first.
How Can Landlords Notify Tenants of an Intention To Enter in Tennessee?
Tennessee landlords can notify tenants verbally or in writing about an intention to enter, but if the notice isn’t both written and delivered to the tenant’s address of record, the landlord has to prove that the tenant received actual notice about the intended entry.
Can a Tenant Refuse Entry to a Landlord in Tennessee?
Tennessee tenants can often refuse landlord entry. Landlords can enter in emergencies regardless of consent. Tenants can refuse entries for other legally allowed purposes when time or manner are unreasonable (for example, a non-emergency maintenance entry at 2:00 AM).
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Tennessee?
Tennessee landlords can take any of the following actions if the tenant illegally refuses a valid entry:
- Get a court order to force access.
- Cancel the rental agreement.
- Recover cost of any actual damages through a lawsuit.
Can a Tenant Change the Locks Without Permission in Tennessee?
Tennessee tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s reasonable for tenants to provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in Tennessee?
Tennessee tenants can take any of the following actions if the landlord enters illegally, or demands entry repeatedly and unreasonably in a way that harasses the tenant:
- Get a court order to ban the landlord from further unreasonable or harassing entries.
- Cancel the rental agreement.
- Recover reasonable attorney fees from the landlord through a lawsuit.
- Recover cost of any actual damages through a lawsuit.
Sources
- 1 Tenn. Dep’t of Health, Healthy Homes - Renters
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See Tenn. Dep’t of Health, Healthy Homes – Renters (retrieved 03/26/2023). For a basic outline of some applicable laws outside URLTA jurisdiction, see also Legal Aid of East Tennessee, Your Rights as a Tenant Under Common Law in Rural East Tennessee Counties (2011)
Source Link - 2 Tenn. Code Ann. § 66-28-403(a) (2023)
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“The tenant shall not unreasonably 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, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the premises to prospective or actual purchasers, mortgagees, workers or contractors.”
Source Link - 3 Tenn. Code Ann. § 66-28-403(b) (2023)
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“The landlord may enter the premises without consent of the tenant in case of emergency. ‘Emergency’ means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.”
Source Link - 4 Tenn. Code Ann. § 66-28-403(c) (2023)
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“Where no known emergency exists, if any utilities have been turned off due to no fault of the landlord, the landlord shall be permitted to enter the premises. The landlord may inspect the premises to ascertain any damages to the premises and make necessary repairs of damages resulting from the lack of utilities.”
Source Link - 5 Tenn. Code Ann. § 66-28-403(d) & (e) (2023)
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“(d) The landlord shall not abuse the right of access or use it to harass the tenant.
“(e) The landlord has no right of access to the premises except: (1) By court order; (2) As permitted by this section, §§ 66-28-506 and 66-28-507(b); (3) If the tenant has abandoned or surrendered the premises; (4) If the tenant is deceased, incapacitated or incarcerated; or (5) Within the final thirty (30) days of the termination of the rental agreement for the purpose of showing the premises to prospective tenants; provided, that such right of access is set forth in the rental agreement and notice is given to the tenant at least twenty-four (24) hours prior to entry.”
Source Link - 6 Tenn. Code Ann. § 66-28-106 (2023)
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“(a) Either party has notice of a fact if such person: (1) Has actual knowledge of it; or (2) Has been given written notice.
“(b) All parties must give written notice to the last known or designated address contained in the lease agreement.”
Source Link - 7 Tenn. Code Ann. § 66-28-513(a) (2023)
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“If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages and reasonable attorney’s fees.”
Source Link - 8 Tenn. Code Ann. § 66-28-513(a) (2023)
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“If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages and reasonable attorney’s fees.”
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