A Tennessee month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of a Tennessee Month-to-Month Rental Agreement
In Tennessee, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under Tennessee landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Tennessee
Tennessee landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice. Beginning in 2025, they must also provide an email address, or the address of a web portal specialized for landlord-tenant communications.
- Security Deposit Holdings Disclosure – Tennessee landlords who collect a security deposit must disclose to the tenant the location where the deposit is held.
- Showings Consent Disclosure – Tennessee landlords may show rental property which is still occupied by a tenant, but only if they explicitly reserve this right in the lease.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Tennessee
Tennessee lets both the landlord or tenant terminate a month-to-month lease with at least 30 days of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
Tennessee requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a Tennessee Month-to-Month Lease
Tennessee requires that notice for a rental increase be delivered in writing, but there isn’t a particular timeframe for advance notice specified in the law. This means in most cases it’s reasonable for a landlord to use the same guidelines for advance notice that apply for lease termination, namely, 30 days.
Eviction in Tennessee Month-to-Month Rentals
Tennessee tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Tennessee typically take four to eight weeks.
For more information on the eviction process in Tennessee, click here.
Sources
- 1 Tenn. Code § 66-28-302
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SECTION 1. (a) The landlord or any person authorized to enter into a rental agreement on the landlord’s behalf shall disclose to the tenant in writing at or before the commencement of the tenancy:
(1) The name and address of:
(A) The agent authorized to manage the premises; and
(B) An owner of the premises or a person or agent authorized to act for and on behalf of the owner for the acceptance of service of process and for receipt of notices and demands; and
(2) (A) A telephone number or electronic mail address for maintenance services; or
(B) An online portal system designed for landlord-tenant communication.
SECTION 2. This act takes effect January 1, 2025, the public welfare requiring it, and applies to rental agreements entered into, amended, or renewed on or after that date.
Source Link - 2 Tenn. Code § 66-28-512
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(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten (10) days prior to the termination date specified in the notice. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the periodic rental date specified in the notice. (c) If a tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession, back rent and reasonable attorney’s fees as well as any other damages provided for in the lease. If the tenant’s holdover is willful and not in good faith, the landlord, in addition, may also recover actual damages sustained by the landlord, plus reasonable attorney’s fees. If the landlord consents to the tenant’s continued occupancy, § 66-28-201(c) shall apply. Source Link
