In Tennessee, a landlord’s obligation for providing a habitable living space is primarily governed by TN Code § 66-28-304. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | Windows/Doors, Roof/Walls, Hot/Cold Water, Electrical, Plumbing, Heat, Gas, Sanitation Facilities, Stairs/Railings, Floors, Kitchen Appliances |
| Time Limit for Repairs | 14 Days |
| Tenant Recourse Options |
|
Applicable Dwelling Types in Tennessee
The implied warranty of habitability in Tennessee does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | Not specifically addressed |
| RV parks | Not specifically addressed |
| Mobile home parks | Not specifically addressed |
| Condos | Only if person in condo is renter, not owner |
| Hotels/Motels | No |
Landlord Responsibilities in Tennessee
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Tennessee, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Yes |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Yes |
| Provide hot and cold running water. | Yes |
| Provide working HVAC equipment. | Heat only |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Yes |
| Provide working gas lines if used for utilities/cooking | Yes |
| Provide working sanitation facilities (bathtub/shower, toilet). | Yes |
| Provide a trash can (for trash pickup services). | Multi-family units |
| Ensure that any stairs and railings are safe. | Yes |
| Ensure that all floors are in good condition and safe. | Yes |
| Provide fire exits that are usable, safe, and clean. | Not addressed |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Not addressed |
| Provide working smoke detectors | Not addressed |
| Provide a mailbox. | Not addressed |
| Provide working wiring for one telephone jack. | Not addressed |
| Provide working kitchen appliances. | Yes |
| Provide working carbon monoxide detector. | Not addressed |
| Provide a working washer/dryer. | No |
Tennessee landlords are obligated to follow all building and housing codes that materially affect the health and safety of the tenant. Landlords must make all necessary repairs and maintain the premises in a habitable condition. In some instances, landlords and tenants may agree, in writing, that the tenant perform certain repairs and maintenance tasks.
Vermin, Pests and Insects
Landlords are required to keep rental units free from pests and vermin, but are not required to treat the units more than twice per year. As a general requirement relating to the safety and sanitary maintenance of the dwelling unit, landlords must supply dwelling units with properly fitted screens to every door and window that opens to the outside of the unit. This will effectively prevent mosquitos, flies, flying insects, rodents and other vermin and pests from entering the premises.
Fencing and Accessory Structures
All fences and accessory structures must be maintained in a safe condition.
Repairs, Recourse & Retaliation in Tennessee
If a rental property is in violation of the implied warranty of habitability in Tennessee, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in Tennessee
Tennessee tenants must request repairs by providing the landlord written notice about the issue that needs repair. Normally, this notice has to be delivered to the last address of record agreed in the lease.
Renter’s Rights if Repairs Aren’t Made in Tennessee
Tennessee renters have the right to repairs for a variety of potential issues, including things that impact health and safety. To exercise their right, renters have to give the landlord written notice about the issue that needs fixing and wait 14 days for the landlord to do repairs.
If the issue isn’t fixed by the landlord in a timely way, the renter could end the rental agreement or get a court order for repairs or compensation. However, the renter usually can’t repair and deduct, or withhold rent. Read More
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 is in default on rent. The law also lets the landlord evict when code compliance requires altering or demolishing the rental unit so substantially that it would put the tenant out of the unit anyway.
