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.
| Tenant Protected Actions |
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| Landlord Retaliatory Actions |
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| Penalties for Retaliation |
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When Is It Illegal for Landlords to Retaliate in Tennessee?
It’s illegal for Tennessee landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken one of the following protected actions:
- Complaining to the landlord about potential violation of the security deposits law.
- Pursuing remedies given by the Uniform Residential Landlord-Tenant Act.
However, the law does allow eviction regardless, when the tenant caused the issue or defaults on rent. The landlord can also evict when code compliance requires altering or demolishing the rental unit so substantially that it would put the tenant out of the unit anyway.
What Can Tenants Do in Response in Tennessee?
Tennessee tenants must respond to retaliation by first giving the landlord written notice of the retaliation and waiting 14 days for the landlord to stop retaliating. They can then sue for quiet enjoyment of the property, and for monetary damages related to the retaliation, plus reasonable attorney fees.
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. § 66-28-514(a) (2023)
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“Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession because the tenant: (1) Has complained to the landlord of a violation under § 66-28-301 [security deposit payment and return procedures]; or (2) Has made use of remedies provided under this chapter.”
Source Link - 3 Tenn. Code Ann. § 66-28-514(b) (2023)
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“(1) Notwithstanding subsection (a), a landlord may bring an action for possession if: (A) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in the tenant’s household or upon the premises with the tenant’s consent; (B) The tenant is in default in rent; or (C) Compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit. (2) The maintenance of the action does not release the landlord from liability under § 66-28-501(b) [obligation to return prepaid rent and security deposits].”
Source Link - 4 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.”
Source Link
