Most places, including Tennessee, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
Tennessee Implied Warranty of Habitability
In Tennessee, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability doesn’t guarantee that anything at the property will be pretty, clean, new or issue-free. This means it doesn’t cover things like stained carpet, or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Tennessee
Note: Check local city/county laws and ordinances for additional requirements. 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.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | No | Heating, If Provided |
| Hot Water | No | Only If Provided |
| Kitchen Appliances | No | Only If Provided |
| Washer & Dryer | No | No |
| Smoke/CO Detectors | Smoke Only | Smoke Only |
| Window Coverings | Only In Summer | Only In Summer |
| Light Fixtures | No | No |
| Landscaping | No | No |
| Garbage Removal | Only Multiple Unit Properties | Only Multiple Unit Properties |
| Garbage Pickup | Only 4+ Unit Properties | Only 4+ Unit Properties |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in Tennessee
Tennessee landlords have no specific responsibility to provide heating or air conditioning. However, if they don’t provide and maintain heating themselves, they must specifically place this responsibility on the tenant. In such cases, they also must provide hookups for tenants to install their own heating equipment.
Are Landlords Required to Provide Air Filter Replacements in Tennessee?
Tennessee landlords have no specific responsibility to replace air filters, unless provided heating won’t work otherwise.
Landlord Responsibilities for Plumbing in Tennessee
Tennessee landlords have no specific responsibility to provide plumbing. However, if plumbing is provided, landlords also must provide and maintain basic fixtures and features. This includes items like a toilet, plus a tub or shower.
Are Landlords Required To Provide Hot Water in Tennessee?
Tennessee landlords have no specific responsibility to provide hot water on rental properties with no plumbing. If the rental property has plumbing, the landlord does have to provide hot water and keep it in good working order.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Tennessee?
Tennessee landlords are only responsible for fixing clogs that keep the rental property from being basically habitable.
Are Landlords in Tennessee Responsible for Fixing Leaks?
Tennessee landlords are only responsible for fixing leaks that keep the rental property from being basically habitable.
Landlord Responsibilities for Kitchen Appliances in Tennessee
Tennessee landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, oven, or microwave. However, every rental property does need a stove and refrigerator for basic habitability.
This means if the landlord doesn’t provide and maintain a stove and refrigerator, he must place this responsibility on the tenant and provide proper hookups for installing those appliances.
Landlord Responsibilities for Electrical Issues in Tennessee
Tennessee landlords aren’t legally required to provide electricity on a rental property. If provided, they are responsible for making sure there are no electrical issues that endanger basic safety or habitability.
Are Landlords Responsible for Replacing Light Bulbs in Tennessee?
Tennessee landlords are not responsible for replacing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in Tennessee
Tennessee landlords have different responsibilities regarding garbage containers and removal services, which depend on the number of units on the property:
- Single-family homes and duplexes: No responsibilities.
- 3-4 unit properties: The landlord must provide outside garbage containers. The containers must be emptied at least once a week. The law doesn’t specifically make the landlord responsible for emptying garbage containers.
- 4+ unit properties: The landlord must provide and maintain outside garbage containers and garbage removal services.
Landlord Responsibilities for Landscaping in Tennessee
Tennessee landlords have no specific responsibility to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Tennessee
Tennessee landlords are responsible for most mold issues. There’s no state requirement for testing, but landlords must investigate and fix mold problems since they threaten basic health and safety. If the renter created the mold issue, the landlord can make the renter fix it, or pay for repairs.
Landlord Responsibilities Regarding Pests in Tennessee
Tennessee landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants. On properties with more than two units, the landlord is generally not responsible for doing more than two pest treatments in any given year.
Landlord Responsibilities for Windows & Window Coverings in Tennessee
Tennessee landlords must usually provide screens against flying insects during insect season. They don’t have to if the health department certifies it’s not necessary. They also don’t have to screen windows that are too high up for this requirement to matter.
Where the health department has determined a high risk of rat infestation, the landlord must also screen all openings near ground level against rodents. This includes windows.
Landlord Responsibilities Regarding Safety Devices in Tennessee
Tennessee landlords are responsible for installing smoke detectors as required on the rental property.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Tennessee?
Tennessee landlords have no specific responsibility to replace safety device batteries during a tenancy. The landlord has to provide working smoke detectors when a tenancy begins, but it’s the tenant’s job to keep them in working order after that.
Landlord Responsibilities for Washers and Dryers in Tennessee
Tennessee landlords are not required to furnish their rental properties with a working washer and dryer.
Renter’s Rights for Repairs in Tennessee
Tennessee renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing. The landlord gets 14 days after notice to fix the issue.
If the issue isn’t fixed within the legally required time, the renter can ask a court to order repairs, lease cancellation, or compensation, plus reasonable attorney fees. The renter isn’t allowed to repair and deduct, or withhold rent.
Sources
- 1 Tenn. Code Ann. § 66-28-304(a) (2023)
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“The landlord shall: (1) Comply with requirements of applicable building and housing codes materially affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in a clean and safe condition; and (4) In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points of collection subject to § 66-28-401(3).”
Source Link - 2 Tenn. Code Ann. § 66-28-203(b) (2023)
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“Should a landlord willfully provide a rental agreement containing provisions known by the landlord to be prohibited by this chapter, the tenant may recover actual damages sustained. The tenant cannot agree to waive or forego rights or remedies under this chapter.”
Source Link - 3 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 - 4 Tenn. Code Ann. § 66-28-304(a) (2023)
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“The landlord shall: (1) Comply with requirements of applicable building and housing codes materially affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in a clean and safe condition; and (4) In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points of collection subject to § 66-28-401(3) [tenant’s obligation to dispose of garbage].”
Source Link - 5 Tenn. Admin. Code § 1200-1-2.04(1) (2002)
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“Every dwelling unit shall have heating facilities which are properly installed, and are maintained in safe and good working condition… provided that such heating facilities need not be installed when the occupant is expected to provide same on occupancy and that adequate connections for the safe installation and operation of a heating facility are provided.”
Source Link - 6 Tenn. Admin. Code § 1200-1-2.02(2) (2002)
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“Where water under pressure is available every dwelling unit shall have a tub or shower and a flush water closet located in a room affording privacy and lavatory properly connected with hot and cold water supply pipes and sewer system approved by the health department. Where water under pressure is not available, a sanitary pit privy shall be provided.”
Source Link - 7 Tenn. Admin. Code § 1200-1-2.02(1)(b) (2002)
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“Every dwelling unit shall have a space in which food may be prepared and/or cooked which shall be equipped with the following except where central food service is provided by the owner: A stove, or similar device for cooking food, and a refrigerator or similar device for the safe storage of food… provided that such stove, refrigerator and/or similar devices need not be installed when the occupant is expected to provide same on occupancy, and that sufficient space and adequate connections for the safe and efficient installation and operation of a stove, refrigerator and/or similar devices are provided.”
Source Link - 8 Tenn. Admin. Code § 1200-1-2.05(5) & (5)(c) (2002)
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“The landlord of multiple dwellings [more than two units] must provide two (2) garbage cans per dwelling unit with a capacity of at least twenty (20) gallons each and not more than thirty-two (32) gallons each. Bulk containers that can be emptied mechanically may be used in lieu of garbage cans when service is available for emptying such containers. These containers shall have a capacity of 1/4 cubic yard per dwelling unit… [and] shall be emptied at least one (1) time per week.”
Source Link - 9 Tenn. Code Ann. § 66-28-506 (2023)
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“If there is noncompliance by the tenant with § 66-28-401 [tenant’s obligation to maintain a clean and safe dwelling] materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen (14) days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date when periodic rent is due, or if the rental agreement has terminated, for immediate payment.”
Source Link - 10 Tenn. Admin. Code § 1200-1-2.05(4) (2002)
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“Every multiple dwelling or rooming house shall be kept reasonably free of household vermin provided that the landlord shall not be required to carry out treatment measures more than twice per year.”
Source Link - 11 Tenn. Admin. Code § 1200-1-2.05(2) (2002)
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“During that portion of the year when there is a need for protection against mosquitoes, flies and other flying insects, every door opening directly from a dwelling unit to outside space shall have supplied properly fitting screens having at least sixteen (16) mesh and self-closing devices; and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens, except that such screens shall not be required (a) in rooms in the upper stories of a building free from such insects (b) in rooms located in areas which are deemed by the health department to have so few insects as to render screens unnecessary.”
Source Link - 12 Tenn. Admin. Code § 1200-1-2.05(3) (2002)
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“Every window located at or near ground level used or intended to be used for ventilation, and every other opening located at or near ground level which might provide an entry for rodents, shall be supplied with adequate screen or such other devices as will effectively prevent their entrance in areas with heavy rat infestations as determined by the health department.”
Source Link - 13 Tenn. Code Ann. § 68-120-112(b)(2) (2023)
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“It is unlawful to own or operate an apartment building without installing a smoke alarm in every living unit within the apartment building. When activated, the smoke alarm shall initiate a warning sound that is audible in the sleeping rooms of the living unit.”
Source Link - 14 Tenn. Code Ann. § 68-120-112(d)(1) (2023)
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“Any smoke alarm required in an apartment building by this section shall be maintained by the tenant of the living unit where the smoke alarm is located in accordance with the manufacturer’s instructions. However, upon termination of a tenancy in a living unit, the owner of the apartment building shall ensure that any required smoke alarm is operational prior to reoccupancy of the living unit.”
Source Link - 15 Tenn. Code Ann. § 66-28-501(a) (2023)
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“Except as provided in this chapter, the tenant may recover damages, obtain injunctive relief and recover reasonable attorney’s fees for any noncompliance by the landlord with the rental agreement or any section of this chapter upon giving fourteen (14) days’ written notice.”
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