Tennessee Tenant Resources
Your comprehensive guide to rental laws, guidelines and advocacy in Tennessee
What are the late fee regulations in Tennessee?
Tennessee law (Tenn. Code Ann. § 66-28-201) allows landlords to charge late fees, but they must be reasonable and specified in the lease agreement. Late fees cannot exceed 10% of the amount of rent past due. The fee can only be charged after a grace period of five days for rent payment. Landlords must clearly state the late fee policy in the written lease agreement, including the amount and when it will be charged. Courts may find excessive late fees unenforceable.
What are the rules for security deposits in Tennessee?
Under Tennessee law (Tenn. Code Ann. § 66-28-301), there is no statutory limit on security deposit amounts, but they must be reasonable. Landlords must return the deposit within 30 days of lease termination and provide an itemized list of any deductions. Security deposits can be used for unpaid rent, damages beyond normal wear and tear, and other lease violations. If the landlord fails to provide an itemized list of damages or return the remaining deposit within 30 days, the tenant may be entitled to recover the entire deposit amount. Tenants should document the condition of the unit at move-in and move-out with photos and written documentation.
What are the eviction rules and tenant protections in Tennessee?
Tennessee law (Tenn. Code Ann. § 66-28-505) requires: 1) 14-day notice for non-payment of rent, 2) 30-day notice for lease violations, 3) 30-day notice for month-to-month termination. Self-help eviction is illegal - landlords must obtain a court order. The law provides special protections for victims of domestic violence (Tenn. Code Ann. § 66-28-517). Tenants can defend against eviction if the landlord failed to maintain the property or retaliated against the tenant for exercising legal rights. During eviction proceedings, tenants must continue paying rent to the court. All notices must be in writing and properly served according to state law.
What are the maintenance requirements for landlords in Tennessee?
Tennessee law (Tenn. Code Ann. § 66-28-304) requires landlords to maintain rental properties in a habitable condition. Requirements include: 1) Maintaining essential services including electrical, plumbing, heating and air conditioning systems, 2) Keeping the property structurally sound and weatherproof, 3) Maintaining common areas in a safe and clean condition, 4) Providing proper waste disposal, 5) Complying with applicable building and housing codes. Tenants must provide written notice of needed repairs. Landlords must make repairs within 14 days after receiving notice. If repairs aren't made, tenants may pursue legal remedies under Tenn. Code Ann. § 66-28-502, including termination of the lease or repair and deduct remedies.
What notice is required for landlord entry in Tennessee?
Under Tennessee law (Tenn. Code Ann. § 66-28-403), landlords must provide at least 24 hours notice before entering a rental unit, except in emergencies. Entry must be at reasonable times (typically 9 AM to 6 PM unless otherwise agreed). The notice should specify the purpose of entry and approximate time. Valid reasons for entry include repairs, inspections, or showing the unit to prospective tenants/buyers. Tenants cannot unreasonably withhold consent to enter. The law protects tenants' right to quiet enjoyment, and landlords cannot abuse their right of access or use it to harass tenants. Violations may be grounds for lease termination or legal action under Tennessee law.
What are the rules for rent increases in Tennessee?
In Tennessee, for month-to-month tenancies, landlords must provide at least 30 days' written notice before increasing rent (Tenn. Code Ann. § 66-28-512). For fixed-term leases, rent can only be increased at the end of the lease term unless the lease specifically allows for increases during the term. Tennessee has no state-wide rent control laws, but increases cannot be retaliatory or discriminatory. The notice must be in writing and properly delivered to the tenant. Local ordinances may have additional requirements. Major cities like Nashville, Memphis, and Knoxville may have specific guidelines. Any rent increase during a fixed-term lease must be explicitly allowed in the original lease agreement.
What are my rights regarding repairs in Tennessee?
Under Tennessee law (Tenn. Code Ann. § 66-28-304), tenants have the right to: 1) A habitable living space that meets building and housing codes, 2) Written notice to landlord of needed repairs, 3) 14 days for landlord to make repairs after notice. If the landlord fails to make necessary repairs, tenants may: 1) Terminate the lease with proper notice, 2) Make repairs and deduct the cost from rent (up to $500 or half month's rent), 3) File a complaint with local housing authorities, 4) Pursue legal remedies for damages. The warranty of habitability is implied in every residential lease. Tenants should document all repair requests with photos and written communications. Tennessee law explicitly authorizes repair-and-deduct remedies under specific circumstances.
What are Tennessee's requirements for smoke detectors?
Tennessee law (Tenn. Code Ann. § 68-120-112) requires working smoke detectors in all rental properties. Requirements include: 1) At least one smoke detector on every floor, 2) Smoke detectors outside each sleeping area, 3) Smoke detectors inside each bedroom, 4) Carbon monoxide detectors in units with fuel-burning appliances or attached garages. Landlords must: 1) Provide and maintain working detectors, 2) Ensure detectors are operational at the start of tenancy, 3) Replace non-functioning detectors within 7 days of notification, 4) Follow manufacturer guidelines for replacement. Tenants are responsible for testing detectors regularly and notifying landlords of any malfunctions. Tampering with detectors is prohibited and may result in penalties under state law.
What disclosures are required from Tennessee landlords?
Tennessee landlords must disclose: • Lead paint hazards (pre-1978 buildings) with federal forms • Security deposit terms and location (Tenn. Code Ann. § 66-28-301) • Property owner/manager contact information • Utility arrangements and responsibilities • Known defects or damage • Move-in inspection documentation • Building code violations • Smoke detector locations and maintenance • Flood zone status (if applicable) • Previous methamphetamine contamination (Tenn. Code Ann. § 66-28-403) • Pest infestations and treatments • Military installation proximity notices • HOA rules (if applicable) • Crime-free housing program requirements (if participating) • Emergency maintenance contacts • Foreclosure proceedings (if applicable) • Fire safety systems
What are the rules about security deposit deductions in Tennessee?
Under Tennessee law (Tenn. Code Ann. § 66-28-301), landlords can deduct from security deposits for: 1) Unpaid rent or utilities, 2) Damage beyond normal wear and tear, 3) Other breaches of the lease. Landlords must provide an itemized list of deductions within 30 days of lease termination. Security deposits must be returned within 30 days of move-out, minus any legitimate deductions. Tenants should document the unit's condition at move-in and move-out with photos and a written inventory. If landlords fail to comply with these requirements, they may be liable for up to three times the deposit amount plus attorney fees. Tennessee does not set a statutory limit on security deposit amounts, but they must be reasonable.
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Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.
