Tennessee Residential Lease Agreement

Last Updated: November 15, 2023 by Roberto Valenzuela

A Tennessee residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.

Tennessee Residential Lease Agreement Disclosures

These disclosures are required for some or all residential lease agreements in Tennessee:

Disclosure Applicable To
Landlord’s Name and Address All Units
Security Deposit Holdings Leases Collecting Security Deposits
Showings Leases Showing the Property Before Termination
Lead Paint All Units Built Before 1978

Landlord’s Name and Address

Applicable to all Tennessee rentals.

Tennessee leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information.

Security Deposit Holdings Disclosure

Applicable to all Tennessee rentals holding a security deposit.

Tennessee landlords who collect a security deposit must disclose to the tenant the location where the deposit is held. Unlike some states, Tennessee does not require the landlord to report the account number.

SECURITY DEPOSIT HOLDINGS DISCLOSURE. The security deposit of $____, highlighted in this lease, can be found at the following location:

BANK:_____

Download: Tennessee Security Deposit Holdings Disclosure Form (PDF)

Right To Enter for Showings Disclosure

Applicable to any Tennessee rental which the landlord wishes to show to third parties before termination of the lease.

Tennessee landlords may show rental property which is still occupied by a tenant, but only if they explicitly reserve this right in the lease. When a “Right to Enter for Showings” disclosure is included a lease, the landlord may enter to show the property by giving 24 hours of advance notice, if the entry occurs within 30 days of lease termination.

Download: Tennessee Right to Enter for Showings Disclosure Form (PDF)

Lead-Based Paint Disclosure

Applicable to any rental units built before 1978.

For any property built before 1978, federal law requires that a Tennessee residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:

Download: Tennessee Lead-Based Paint Disclosure Form (PDF)

Optional Disclosures and Addenda (Recommended)

The following lease agreement disclosures and addenda are not required by Tennessee law in residential lease agreements, but assist with tenant management and help limit landlord liability.

Optional Disclosure Purpose
Asbestos Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers.
Bed Bugs Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately.
Late/Returned Check Fees Specifies late fees or returned check fees related to the lease. Tennessee caps late fees at 10% of the past due amount, not to be charged sooner than five days after a missed payment. Returned check fees have a $30 cap.
Medical Marijuana Use Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas.
Mold Disclosure Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability.
Move-In Checklist Takes inventory of existing property damage, when the tenant takes possession of the rental property. This enables accurate deductions from the security deposit upon move-out.
Non-Refundable Fees Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Tennessee landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease.
Shared Utilities Arrangements Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. This ensures tenants receive fair charges and understand what uses contribute to their bill.
Smoking Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants.
note
Some Tennessee cities, like Nashville and Memphis, have more comprehensive rules than the statewide standard. Always check local laws.

Consequences of Not Including Mandatory Disclosures

Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials.

Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.

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