A Tennessee month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement 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 agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have 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 ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
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 also must 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 issue a disclosure which reserves the right to show rental property which is still occupied by a tenant.
- 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 end a month-to-month lease with at least 30 days of advance notice. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
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 doesn’t set a specific timeframe for notice to raise the rent. This means in most cases it’s reasonable for a landlord to use the same guidelines for advance notice that apply for lease termination. In Tennessee, this is 30 days.
Tennessee requires written notice to raise the rent.
Eviction in Tennessee Month-to-Month Rentals
Tennessee tenants may get evicted if they violate lease terms or stay 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
-
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
-
(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