How Long Can a Residential Lease Be in Tennessee?

Depending on circumstances, in Tennessee it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases must be for a period of less than three years in Tennessee.

Is a Contract to Lease Binding in Tennessee?

Yes, a contract to lease is legally binding in Tennessee. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term. Tennessee generally treats unsigned leases like oral leases.

Do Lease Agreements Need to Be Notarized in Tennessee?

No, lease agreements do not need to be notarized in Tennessee. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid.

Can a Lease Automatically Renew in Tennessee?

Yes, a lease can automatically renew in Tennessee. Most rental agreements will automatically renew when the initial tenancy period is over. Past this point, the lease becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease.

Tennessee Lease Agreement (Free) | 2024 Official

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.

note

Beginning in 2025, the required contact information must also include either an email address, or the address of a web portal specialized for landlord-tenant communication.

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:

Fill out and attach a lead-based paint disclosure form to the lease agreement
Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (for multi-unit buildings with common areas, this includes information from building-wide evaluations)

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.

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.
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2 TN Code § 66-28-301 (2018): (h) Notwithstanding subsection (a), all landlords of residential property shall be required to notify their tenants at the time such persons sign the lease and submit the security deposit, of the location of the account required to be maintained pursuant to this section, but shall not be required to provide the account number to such persons.
3 TN Code § 66-28-201 (2018): (d) There shall be a five-day grace period beginning the day the rent was due to the day a fee for the late payment of rent may be charged. The date the rent was due shall be included in the calculation of the five-day grace period. If the last day of the five-day grace period occurs on a Sunday or legal holiday, as defined in § 15-1-101, the landlord shall not impose any charge or fee for the late payment of rent; provided, that the rent is paid on the next business day. Any charge or fee, however described, which is charged by the landlord for the late payment of rent, shall not exceed ten percent (10%) of the amount of rent past due.
4 Tenn. Code § 47-29-102: When any check, draft, or order is not paid by the drawee because the maker or drawer did not have an account with or sufficient funds on deposit with the financial institution, or the draft, check, or order has an incorrect or insufficient signature thereon, the payee of such check, draft, or order is authorized to assess a handling charge against such maker or drawer in an amount not to exceed thirty dollars ($30.00).
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