Under Tennessee law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Uniform Residential Landlord and Tenant Act, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Tennessee
In Tennessee, landlords must only rent out habitable properties. What counts as habitable depends on location. Larger counties (covering about 75% of Tennessee’s population) have uniform standards under the state’s Residential Landlord-Tenant Act. Smaller counties have individualized standards according to common law and local codes.
Here is a list of essential amenities that landlords are or are not responsible for in the parts of Tennessee with uniform standards:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | No | Heating, If Provided |
| Hot Water | No | Only If Provided |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Only Multiple Unit Properties | Only Multiple Unit Properties |
| Smoke and Carbon Monoxide (CO) Detectors | Only Smoke | Only Smoke |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Tennessee
Landlords are required to make necessary repairs in a timely manner. In parts of Tennessee subject to the Residential Landlord-Tenant Act, repairs must usually be made within 14 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Tennessee tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement.
Tenant Responsibilities in Tennessee
Aside from paying rent in a timely manner, Tennessee tenants must:
- Maintain a living space free from damages and hazards.
- Comply with all housing and safety codes.
- Maintain a level of cleanliness as specified by the landlord.
- Not engage in any illegal activity.
- Not deliberately destroy or damage any part of the premises.
- Not disturb other tenants or neighbors.
Evictions in Tennessee
Tennessee landlords can begin the eviction process for any of the following reasons:
- Nonpayment of Rent: If a tenant fails to pay rent, then there is a 5-day grace period mandated by the state. If rent is still unpaid after 5 days, landlords may issue a 14-Day Notice to Pay. If rent still has not been paid after 14 days, the landlords can begin formal eviction proceedings. If the rental property is located in a county with over 75,000 people, the notice may be waived (but only if it is expressly waived in the lease agreement).
- Violation of Lease Terms: Landlords are not required to allow tenants to cure a lease violation unless the breach can be corrected by paying an amount to cover damages or repairs. Payment must be received within 14 days. If the same violation occurs within a six-month period, the landlord may terminate the rental agreement with a 7-Day Notice to Quit. If the violation is not remediable, then the landlord may issue a 14-Day Notice to Quit.
- No Lease / End of Lease: If a tenant stays in the rental unit longer than the rental term, the landlord may serve the tenant with a notice to quit. The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week: 10-Day Notice to Quit.
- Month-to-Month: 30-Day Notice to Quit.
- Material Health / Safety Violation: If a tenant violates a health, building, safety, or housing code, the landlord may issue a 3-Day Notice to Quit.
- Illegal Acts: If landlords find that tenants are engaging in illegal behavior, they may issue a 3-Day Notice to Quit. They do not have to issue a notice to cure. In certain cases, such as domestic abuse, Tennessee landlords can immediately evict without advanced notice.
Landlords are prohibited from evicting tenants as a form of retaliation or discrimination.
Landlord Retaliation in Tennessee
In places covered by Tennessee’s Residential Landlord-Tenant Act, it’s illegal for landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Tennessee
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: None.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Holding Requirement: Deposits must be held in a financial account.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, late fees, damage excluding normal wear and tear, and costs due to a breach of the lease agreement.
- Time Limit for Return: There is no statute requiring that landlords return security deposits within a specific length of time. However, landlords must meet other deadlines. For example, landlords that make deductions must notify the tenant in writing and then continue to hold the deposit for at least 60 days while they wait for a response from the tenant.
- Max. Penalty for Late Return: There is no statute that provides a specific penalty for the failure to return a security deposit on time. However, courts determine and award damages on a case-by-case basis.
Lease Termination in Tennessee
Tennessee tenants must give the following notice if they wish to terminate a lease:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 10 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Tennessee tenants may legally break a lease for the following reasons:
- Early termination clause in the lease.
- Active military duty.
- Uninhabitable unit.
- Landlord harassment.
- Lease violation.
Tennessee landlords are required to re-rent a unit and not charge a tenant for the remaining value of their lease.
Cost of Breaking a Lease in Tennessee
If a Tennessee tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Tennessee
Tennessee does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Tennessee does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Tennessee state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Housing Discrimination in Tennessee
Protected Groups: The Federal Fair Housing Act protects tenants from being discriminated against based on their race, color, national origin, religion, sex, familial status, or disability. This law does not apply to some owner-occupied homes or homes operated by religious organizations. Tennessee law does not protect any additional groups of people beyond those protected by the Federal Fair Housing Act.
Discriminatory Acts & Penalties: The Tennessee Human Rights Commission handles all cases of housing discrimination in the state. The following behavior may be considered discriminatory when directed at a member of a protected group:
- Refusing to rent or sell on a bona fide offer.
- Failing to make reasonable accommodations.
- Advertising that encourages or discourages certain groups from applying.
- Falsely claiming a unit is unavailable.
- Offering different terms, conditions, or privileges.
Victims of housing discrimination can file a complaint digitally through the commission website or by paper filing. The investigation may establish a reasonable cause that can be used to sue the landlord for damages.
Additional Landlord Tenant Regulations in Tennessee
In addition to having laws that address general issues like repairs and security deposits, most states, including Tennessee, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Tennessee
Tennessee landlords have the right to enter a rental property for inspections, maintenance, and property showings. In general, there’s no requirement that landlords give notice before entering a property. There is one exception: landlords must give a 24-hour notice in the final 30 days of the lease if they wish to show the unit. Landlords usually do need tenant permission to enter an occupied property, unless there’s an emergency.
Rent Collection & Related Fees in Tennessee
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are required to provide a 5-day grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: 10% of the amount due.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in Tennessee
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $25,000. Tennessee Small Claims Court is a division of General Sessions Court. The process takes approximately one to three months.
Mandatory Disclosures in Tennessee
Tennessee landlords must make the following mandatory disclosures:
- Lead-Based Paint: Landlords who own homes built before 1978 must provide information about lead paint concentrations.
- Authorized Parties: Landlords must also provide the names and addresses of those involved in owning or managing the property.
- Security Deposit Holdings: If a security deposit is held, the landlord must disclose the location of the account.
- Showings: If the landlord wishes to reserve the right to enter to show the property before the end of the lease term, it must be disclosed in the lease agreement.
Changing the Locks in Tennessee
Tennessee landlords are prohibited from changing the locks on tenants without their consent. Tenants, on the other hand, can change locks freely, as long as this isn’t prohibited by the rental agreement. The landlord still retains access rights, so tenants usually have to provide copies of any new keys to the landlord.
How to Report a Tennessee Landlord for Unsafe Living Conditions
When a Tennessee landlord fails to keep a rental property in the condition required by state and local law, renters have the right to report such violations to the proper government organizations. Most areas have dedicated inspection departments that enforce code compliance. Renters can request an inspection from such local authorities as evidence that the landlord has provided substandard housing.
Local Laws in Tennessee
Many cities in Tennessee have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Nashville Landlord Tenant Rights
In Nashville, the Property Standards Division is responsible for enforcing zoning and building standard codes. Nashville has certain restrictions on “visual clutter” and inoperable automobiles on the premises. More info about these rules can be found on the city’s website.
