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 Residential Lease Agreement

A Tennessee lease agreement helps to lay the groundwork for a smooth rental experience in the Volunteer State. Whether you’re leasing a condo in Nashville or a bungalow in Memphis, the right lease agreement will set you up for success.

Disclosures (4)

Landlords are required to include specific disclosures along with a Tennessee lease agreement. Think of these as “must-haves” to keep your lease compliant.

Lead-based paint: Federal law requires landlords to disclose known information on lead-based paint and its hazards for most homes built before 1978.
Agent and landlord identification: The landlord and property owner’s information must be disclosed before signing the lease (Tenn. Code § 66-28-302(a)).
Showings: A Tennessee lease agreement must specifically include verbiage that says the landlord has the right to show the unit to prospective tenants in the last 30 days of a lease’s term (Tenn. Code § 66-28-403(e)(5)).
Security deposit location: If a security deposit is collected, the landlord must disclose the name and address of the bank where the deposit is being held (Tenn. Code § 66-28-301(a)).

Optional Disclosures and Addenda

While not explicitly required by law, these optional disclosures help avoid any confusion down the road.

Asbestos: Informs tenants of any asbestos-related hazards that may be present in the property and guides how to avoid risks.

Bed bugs: Informs tenants of any suspected bed bug infestations in the unit or adjacent units.

Late/returned check fees: Outlines fees associated with late or returned rent checks. In Tennessee, late fees may be no more than 10 percent of the past due amount, and landlords may charge these fees no earlier than 5 days after the due date. Returned check fees may be up to $30.

Medical marijuana use: Specifies the policies surrounding the use of medical marijuana in the unit and/or on the property.

Mold disclosure: Informs tenants of any suspected mold on the property, as well as treatment options.

Move-in checklist: Lists the current condition of the unit, including any damages. Landlords can use this checklist to compare the condition at move-out to decide if they should make any deductions.

Non-refundable fees: If you will be charging any non-refundable fees, the tenant must agree to them before signing the Tennessee lease agreement.

Shared utilities arrangement: If tenants share utilities, the landlord must outline how they split the costs.

Smoking: Outlines the smoking policy on the property, including any designated smoking areas that won’t disturb other residents.

Consequences of Not Including Mandatory Disclosures

Leaving out a mandatory disclosure in your Tennessee lease agreement is more than just a risky choice. Leave them out, and you face financial penalties, legal troubles, and more.

Security Deposit Regulations in Tennessee

Most landlords choose to collect a security deposit as part of their Tennessee lease agreement, but it’s not that simple. From how much you can collect to when you must return it, there are specific rules that landlords must follow.

Maximum amount: There is no maximum amount for how much landlords can charge for a security deposit in Tennessee.

Deposit receipt: Tennessee landlords are not required to provide tenants with a receipt for their security deposit.

Security deposit return: A tenant’s security deposit, minus any deductions, must be returned within 30 days of moving out (Tenn. Code § 66-28-301(g)(1)).

Deductions: To make any deductions from the security deposit for repairs, the landlord must provide tenants with a detailed list of damages and related expenses (Tenn. Code § 66-28-301(b)).

Rent Payment Regulations

Tennessee law provides landlords with flexibility in collecting rent, but there are specific rules that landlords must follow. Here’s what you need to know.

Rent control/stabilization: Rent control and stabilization laws do not exist in Tennessee.

Late rent fees: Landlords may charge up to 10 percent of the monthly rent as a late fee (Tenn. Code § 66-28-201(d)).

Grace period: Tennessee law requires a 5-day grace period before any late fees can be added (Tenn. Code § 66-28-201(d)).

Tenant’s right to withhold rent: Tenants may withhold rent if landlords do not make necessary repairs after being notified. Tenants may secure the repairs themselves, and then deduct the cost from a future rent payment (Tenn. Code § 66-28-502(a)(1)(A)).

Violations

Occasionally, Tennessee lease agreement violations may occur, even with the best tenants. When they happen, it’s essential to understand the law to help you get back on track as soon as possible.

Lease violation: If the lease violation involves a correctable offense, the landlord may issue a notice to comply, and the tenant has 2 weeks to fix the issue. If the problem is a serious offense, the landlord may issue a 3-day notice to quit (Tenn. Code § 66-28-505(b)).

Missed rent payment: If a tenant has still not paid their rent by the end of the grace period, the landlord may issue a 14-day notice to quit (Tenn. Code § 66-28-505(a)(2)).

Lease abandonment: If a tenant abandons their lease before the end of its term, they are still financially responsible for the lease until new tenants can be found (Tenn. Code § 66-28-507).

Self-help evictions: In Tennessee, self-help evictions are illegal, and landlords should never attempt to force tenants out of the unit.

Terminating a Lease

When it’s time to end a Tennessee lease agreement, whether it’s by the landlord or the tenant, there are specific rules to follow.

Standard lease: A tenant may legally end a lease early without penalty if they have been the victim of assault, abuse, or stalking (Tenn. Code § 66-28-205(b)).

Month-to-month: Either party can end a month-to-month Tennessee lease agreement with 30 days’ written notice to the other party (Tenn. Code § 66-28-512).

Property abandonment: If the tenant leaves behind any property at move-out, the landlord must hold on to the items for at least 30 days (Tenn. Code § 66-28-40).

Renewing a Lease

If things are going well, renewing your lease is a great chance to keep quality tenants, saving you both time and money. But are landlords required to renew a Tennessee lease agreement? Here’s what you need to keep in mind.

Notice requirements: If a landlord will not be renewing the lease, the minimum notice required is 10 days for a week-to-week lease and 30 days for a lease that is for 1 month or longer (Tenn. Code § 66-28-512).

Renewals: Landlords are not required to allow their tenants to renew their Tennessee lease agreement.

Landlord’s Access to Property

There are several reasons why a landlord may need access to a property, including routine maintenance or an emergency. Follow these basic guidelines to help maintain your tenant’s privacy.

Immediate access: In the event of an emergency, landlords may access the property without providing notice (Tenn Code § 66-28-403(b)).

Notice requirements: Tennessee landlords are required to give tenants at least 24 hours’ notice before entering the unit (Tenn. Code § 66-28-403(a)).

Harassment: If the landlord repeatedly enters the unit without giving notice or without just cause, it may be considered landlord harassment and can be grounds for the tenant to terminate their lease early without penalty (Tenn. Code § 66-28-403(b)).