In general, a landlord in Tennessee has to repair any issues at a rental property that could affect a tenant’s health or safety. The landlord must repair issues within 14 days of getting written notice from the tenant about the needed repairs.
Tennessee Landlord Responsibilities for Repairs
Tennessee’s Uniform Residential Landlord-Tenant Act (URLTA) applies only to counties with a population of more than 75,000. This includes the counties of Anderson, Blount, Bradley, Davidson, Greene, Hamilton, Knox, Madison, Maury, Montgomery, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson, and Wilson.
Tennessee landlords are responsible for keeping all of the following in good working condition:
- Required utilities (usually but not always including heating, plumbing, and hot water).
- Garbage containers and removal (except in single-family dwellings and duplexes).
- Window screens, as required.
- Stove and refrigerator, if provided.
- Common areas.
- Features that affect health, safety, or habitability.
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in Tennessee?
Tennessee tenants are responsible for repairing any damage they cause to the property which affects health and safety.
On a case by case basis, the landlord and tenant can agree in writing for the tenant to handle specific maintenance. This agreement has to be separate from the lease. The landlord can’t make the lease conditional on tenants fixing issues that are normally the landlord’s responsibility.
Requesting Repairs in Tennessee
Tennessee tenants must request repairs by providing the landlord written notice about the issue that needs repair. This notice usually must be delivered to the last address of record agreed in the lease.
How Long Does a Landlord Have To Make Repairs in Tennessee?
Tennessee landlords usually have 14 days to make repairs after receiving proper written notice about an issue from the tenant.
Can the Landlord Refuse To Make Repairs in Tennessee?
Tennessee landlords generally cannot refuse to make repairs that are their responsibility. The law usually makes the landlord responsible for ensuring repairs get done, although tenants have to pay for their own damage.
There is one major exception to the landlord’s repair obligation under Tennessee law. If the tenant renews a lease that accepts known issues with the property, the landlord no longer has to make repairs. This is true even if the tenant previously requested repairs.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Tennessee?
Tennessee landlords are not required to pay for alternative accommodation while they conduct repairs, unless their deliberate or negligent actions deprive the tenant of essential services like basic required utilities. In that case, the tenant can get alternative accommodation and recover the cost through a lawsuit and/or rent deductions.
Tenant’s Rights if Repairs Aren’t Made in Tennessee
Tennessee tenants can sue for damages or get an injunction to force repairs, if the landlord hasn’t fixed issues within the legally required time. They can also recover reasonable attorney fees from the landlord.
Can the Tenant Withhold Rent in Tennessee?
Tennessee tenants can’t unilaterally withhold rent. They must have permission from a government agency in order to divert rent payments.
Can the Tenant Repair and Deduct in Tennessee?
Tennessee tenants can’t arrange for repairs and deduct from the rent. When the landlord deliberately or negligently fails to supply essential services, tenants can sometimes deduct the cost. However, they can’t make repairs without the landlord’s permission.
Can the Tenant Break Their Lease in Tennessee?
Tennessee tenants can break their lease when the landlord doesn’t do required repairs (or fix other violations of the rental agreement) within 14 days after written notice. The tenant generally needs court permission to break a lease.
Tenants can move out and break their lease immediately without court action, when the property is destroyed or severely damaged by events that aren’t the tenant’s fault (for example, a tornado). The tenant must notify the landlord in writing, within 14 days after move-out, or the lease isn’t broken.
Can the Tenant Sue in Tennessee?
Tennessee tenants can sue to force repairs or recover monetary damages, when the landlord doesn’t make timely repairs after proper notice. This is the default remedy provided to tenants under Tennessee law.
Can the Tenant Report the Landlord in Tennessee?
Tennessee tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, the tenant could sue to force repairs or recover monetary damages.
Landlord Retaliation 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.
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. § 66-28-501(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 - 3 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 - 4 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 - 5 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 - 6 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 - 7 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 - 8 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 - 9 Tenn. Code Ann. § 66-28-401 (2023)
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“The tenant shall: (1) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (2) Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises when the tenant took possession; (3) Dispose from the tenant’s dwelling unit all ashes, rubbish, garbage, and other waste to the designated collection areas and into receptacles; (4) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person to do so; and shall not engage in any illegal conduct on the premises; and (5) Act and require other persons on the premises, with the tenant’s or other occupants’ consent, to act in a manner that will not disturb the neighbors’ peaceful enjoyment of the premises.”
Source Link - 10 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 - 11 Tenn. Code Ann. § 66-28-304(c) & (d) (2023)
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“(c) The landlord and tenant may agree in writing that the tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.
“(d) The landlord may not treat performance of the separate agreement described in subsection (c) as a condition to any obligation or performance of any rental agreement.”
Source Link - 12 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 - 13 Re/max-Carriage v. McLaughlin, No. M2013-01982-COA-R3-CV, 5 (Tenn. Ct. App. Aug. 25, 2014)
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See Re/max-Carriage v. McLaughlin, No. M2013-01982-COA-R3-CV, 5 (Tenn. Ct. App. Aug. 25, 2014) (holding that tenants accepted the landlord’s failure to repair when they renewed a lease that stipulated to the acceptable conditions of the rental property)
Source Link - 14 Tenn. Code Ann. § 66-28-502(a)(1)(C) & (a)(2) (2023)
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“If the landlord deliberately or negligently fails to supply essential services, the tenant shall give written notice to the landlord specifying the breach and may… Procure reasonable substitute housing during the period of the landlord’s noncompliance, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance… [additionally,] the tenant may recover the actual and reasonable value of the substitute housing and in any case under this subsection (a), reasonable attorney’s fees.”
Source Link - 15 Tenn. Code Ann. § 66-28-502(a)(1)(A) (2023)
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“If the landlord deliberately or negligently fails to supply essential services, the tenant shall give written notice to the landlord specifying the breach and may… Procure essential services during the period of the landlord’s noncompliance and deduct their actual and reasonable costs from the rent.”
Source Link - 16 Tenn. Code Ann. § 66-28-503(a) (2023)
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“If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that the use of the dwelling unit is substantially impaired, the tenant: (1) May immediately vacate the premises; and (2) Shall notify the landlord in writing within fourteen (14) days thereafter of the tenant’s intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.”
Source Link - 17 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 - 18 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].”
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