Tennessee Landlord Tenant Laws

This is a summary of Tennessee Landlord-Tenant laws that apply to residential (non-commercial) rentals. These references were compiled from the Code of Tennessee, the  Tennessee Uniform Residential Landlord and Tenant Act, and various online sources to serve as a reference and for people wanting to learn about Tennessee landlord-tenant laws, Tennessee eviction laws, and Tennessee renters’ rights. 

However, this guide is not comprehensive and PayRent does not warrant the accuracy of this information. Statutes can change any time the state legislature passes a new law. Additionally, counties and cities may have different regulations. Given its limitations, this guide is not an adequate substitute for legal advice from a knowledgeable lawyer.  If you are dealing with a landlord-tenant issue, you seek guidance from a qualified attorney. If you need help finding an attorney, we’ve included a list of attorney referral services in this guide.

Rules and Regulations Governing Tennessee Landlord-Tenant Laws

• Tenn. Code Ann. § 66-28 – 2013 — Uniform Residential Landlord and Tenant Act

Tennessee Lease Terms Provisions

Security Deposits

• What is the maximum allowable security deposit?
  There is no Tennessee law limiting security deposits.

• Are security deposits required to earn interest?

No. There is no Tennessee law requiring security deposits to earn interest.

• Do landlords need to store security deposits in a separate bank account? 

Yes. Landlords must keep deposits in an account used only for that purpose, in a financial institution subject to state and federal regulations. (Tenn. Code Ann. § 66-28-301)

• Are non-refundable fees, such as pet fees, prohibited?

No. There is no Tennessee law forbidding non-refundable fees or limiting the amount that landlords can charge. 

• How long do landlords have to return security deposits?

Landlords must retain security deposits for 60 days after notifying a former tenant they are owed at least part of the deposit back. The landlord must send this notification to the last known or reasonably ascertainable address of the former tenant, and if they do not receive a claim or response within 60 days, the landlord may keep the deposit free of all remaining claims of tenant or any person acting on his/her behalf. (Tenn. Code Ann. § 66-28-301(f))

• Can landlords withhold security deposits?

Yes. Landlords can use the deposit to cover accrued rent and to repair any damages to the property caused by the tenant. (Tenn. Code Ann. § 66-28-301)

• Are landlords required to itemize damages and fees deducted from security deposits?

Yes. An itemized list, detailing damages noticed and an estimated cost of repairing those damages must be provided to the tenant. (Tenn. Code Ann. § 66-28-301(b)(1)(B))

• Do landlords have to issue receipts upon receiving security deposits?

No. There is no Tennessee law requiring landlords to issue receipts for security deposits.

• Are there any specific requirements for record-keeping for deposit withholdings?

No. There is no Tennessee law specifying record-keeping requirements.

• What happens when a landlord does not return a security deposit within the required timeframe?

A landlord forfeits any right to a security deposit if they do not: deposit the money in a proper bank account or provide a proper listing of damages to the tenant. (Tenn. Code Ann. § 66-28-301(c))

Rent

• Is there a cap on how much landlords can charge for rent? (rent control)

No. There are no rent control laws in Tennessee.

• When is rent due?

Rent is due at the start of the month unless otherwise agreed upon. (Tenn. Code Ann. § 66-28-201(c))

• Does rent need to be paid using a certain method of payment?

No. There is no Tennessee law requiring a certain payment method for rent.

Fees

• Can landlords charge late fees when rent is late?

Yes. Tennessee caps late fees at 10% of the amount of rent past due. (Tenn. Code Ann. § 66-28-201(d))

• Do landlords have to allow for a grace period for paying rent before charging late fees?

Yes. There is a statutory 5 day grace period on rent. If the last day of the grace period occurs on a Sunday or legal holiday, landlord shall not impose any late fees, and the rent is paid on the next business day.  (Tenn. Code Ann. § 66-28-201(d))

• Can landlords charge application fees?

Yes. There is no Tennessee law forbidding application fees or limiting the amount that landlords can charge.

• Can landlords charge returned check fees?

Yes. Landlords can charge a late fee up to $30. (Tenn. Code Ann. § 47-29-102)

Tennessee Landlord-Tenant Relations

Notices

• Are landlords required to provide tenants with notice of rent increases between lease terms?

No. There is no Tennessee law requiring landlords to provide tenants with notice of rent increases between lease terms.

• Are landlords required to provide tenants with notice of pesticide use on the property?

No. There is no Tennessee law requiring landlords to provide tenants with notice of pesticide use on the rental property.

• What notice is required to terminate a fixed-end lease?

No notice is required — the lease ends on the date stated in the lease.

• What notice is required to terminate a week-to-week periodic tenancy?

Either the landlord or the tenant can terminate the tenancy with 10 days’ written notice. (Tenn. Code Ann. § 66-28-512(a))

• What notice is required to terminate a month-to-month periodic tenancy?

Either the landlord or the tenant can terminate the tenancy with 30 days’ written notice. (Tenn. Code Ann. § 66-28-512(b))

• Is notice of the date and time of the move out inspection required?

At the request of the tenant, the tenant has a right to attend a move out inspection. It can be held either on the day tenant completely vacates the premises or within 4 calendar days of the time the tenant has completely vacated the premises. If the landlord provides written notice of the tenant’s right to be present at the inspection and the tenant schedules an inspection, but fails to attend such inspection, the tenant waives the right to contest any damages found by the landlord as a result of such inspection. (Tenn. Code Ann. § 66-28-301(b)(1))

Entry Provisions

• When can landlords enter the rental premises with notice? 
  • To inspect the premises. 
  • To make necessary or agreed to repairs, decorations, alterations, or improvements.
  • To supply necessary or agreed services. 
  • To show the unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
  • If utilities have been shut off at no fault of the landlord.
  • By court order.
  • If the tenant has abandoned the premises.
  • If the tenant has died, been incapacitated, or arrested.
  • If the tenant has caused damage materially affecting the health and safety of the premises or neighbors.
  • Any absence of the tenant of more than 7 days. (Tenn. Code Ann. § 66-28-403)
  • Within the final 30 days of the termination for the purpose of showing the premises to prospective tenants. Such right of entry must be set forth in the rental agreement and landlord must notify tenant 24 hours prior to entry. (Tenn. Code Ann. § 66-28-403)

• What notice must a landlord give a tenant before entering the rental unit?

There is no Tennessee law requiring landlords to give tenants notice of entry, except for 24-hour notice for showing the premises to prospective tenants if that term was included in the lease agreement. (Tenn. Code Ann. § 66-28-403(e)(5))

• When can landlords enter the rental premises without providing notice to their tenants?

In case of an emergency. (Tenn. Code Ann. § 66-28-403(b))

Landlord’s Duties (Tenn. Code Ann. § 66-28-304)

• At the commencement of the terms, landlords must deliver possession of the premises to tenant in compliance with rental agreement. (Tenn. Code Ann. § 66-28-303).
• Landlords must comply with applicable building and housing codes materially affecting health and safety.
• Landlords must make all repairs and do whatever is necessary to put and keep the premises in a habitable condition.
• Landlords must keep all common areas of the premises in a clean and safe condition.
• Landlords must provide and maintain appropriate receptacles for the removal of garbage and arrange for their removal if the premises contains four or more units. (Tenn. Code Ann. § 66-28-304)

Tenant’s Duties (Tenn. Code Ann. § 66-28-401)

• Tenants must comply with all obligations imposed upon tenants by building and housing codes materially affecting health and safety.
• Tenants must keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permits.
• Tenants must dispose of all ashes, garbage, rubbish, and other waste cleanly and safely.
• Tenants must not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises; or knowingly, recklessly, or negligently permit any person to do so.
• Tenants and their guests must conduct themselves in a manner that will not disturb the neighbors’ peaceful enjoyment of the premises. (Tenn. Code Ann. § 66-28-401)
• Unless otherwise agreed, tenants must occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of 7 days. Notice shall be given on or before the first day of any extended absence. (Tenn. Code Ann. § 66-28-404).

Required Landlord Disclosures

• Landlords are required to disclose in writing the names and business addresses of: 
  • the person authorized to manage the premises. (Tenn. Code Ann. § 66-28-302(a)(1))
  • the owner of the premises or a person authorized to act for and on behalf of the owner for service of process and receiving notices. (Tenn. Code Ann. § 66-28-302(a)(2))

• Before renting pre-1978 property, landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards. (16 CFR 1303, 42 U.S. Code § 4852d) . If the landlord fails to disclose all known lead paint hazards, the landlord can face fines of up to $19,507 for each violation (24 CFR 30.65).

Tennessee Renters’ Rights

• What are Tennessee renters’ rights if landlords breach their duties? (See Landlord’s Duties) 
  • If a landlord deliberately or negligently fails to supply essential services, the tenant must give written notice to the landlord detailing any breaches and can do one of the following:
    • Retain the essential services for themselves and deduct the actual cost of the services from the rent.
    • Recover damages based on the diminution in fair rental value.
    • Procure substitute housing for the period of noncompliance, and not pay rent for that period. (Tenn. Code Ann. § 66-28-502)

• Are tenants allowed to withhold rent for needed repairs or other breaches of their landlords’ duties?

Yes. If a landlord fails to supply any essential services, the tenant may give written notice to the landlord specifying the breach and may immediately procure reasonable amounts of the essential service(s) and deduct their actual and reasonable cost from the rent. This also applies to any repairs necessary to procure the essential service(s). (Tenn. Code Ann. § 66-28-502(a)(1)(A))

• What are the protections for tenants against retaliation from their landlords for exercising their Tennessee renter’s rights?

Tennessee law prohibits landlords from increasing rent, decreasing services, or bringing or threatening to bring an action for possession if the tenant has complained to a governmental agency, complained to the landlord about a breach of landlord’s duties, or exercises any legal rights. (Tenn. Code Ann. § 66-28-514)

Tennessee Eviction Laws

• What are the reasons that landlords can evict tenants under Tennessee eviction laws?
  • Nonpayment of rent (Tenn. Code Ann. § 66-28-505)
  • Violation of lease terms / rental agreement (Tenn. Code Ann. § 66-28-505)
  • A breach in the tenant’s duties materially affecting health and safety (Tenn. Code Ann. § 66-28-517)
  • Illegal drug activity, criminal assault, or illegal firearm activity (Tenn. Code Ann. § 66-28-517)
  • The tenant remains in possession without the landlord’s consent after expiration or termination of the term of the rental agreement (holdover tenancy) (Tenn. Code Ann. § 66-28-512)

• What notice do Tennessee eviction laws require that landlords provide tenants before starting the eviction process?
  • For evictions based on non-payment of rent or material noncompliance with the rental agreement, landlords must provide tenants with a 14-day notice to pay/quit. The tenant can cure any non-payment during this time, and can also attempt to pay whatever costs to cover necessary repairs to the landlord for a breach of material noncompliance.  (Tenn. Code Ann. § 66-28-505)

• For evictions based on illegal activity or a material health/safety breach, the landlord must provide the tenant with a 3-day notice to quit. (Tenn. Code Ann. § 66-28-517)

• For evictions based on a holdover tenancy, landlords must provide the notice required to end the tenancy. If the tenant remains on the rental property after the termination date, the landlord can begin the eviction process without providing additional notice. (Tenn. Code Ann. § 66-28-512)

• Do Tennessee eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities? 

No. A landlord is entitled, however, to have utilities in their name shut off after 3 days if the lease specified the tenant was to transfer these utilities to their name. (Tenn. Code Ann. § 66-28-521)

• Are landlords permitted to recover damages from an evicted tenant?

Yes.  In Tennessee, if a landlord terminates a lease because the tenant committed a breach of the rental agreement, the landlord may recover damages including the amount of rent agreed to by the parties but unpaid by the tenant, any actual damages, and reasonable attorney’s fees. (Tenn. Code Ann. § 66-28-512(c))

COVID-19 Changes to Tennessee Landlord-Tenant Laws

• The CDC’s national eviction ban was effective through August 26, 2021, and is no longer in place.
• The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act  is no longer effective.
• The list of Tennessee energy assistance programs for renters. 

Squatter’s rights in Tennessee 

Under Homestead Act of 1862, individuals (squatters) can possess the property if they have lived there for a specific period of time, done so publicly, made repairs to the property, have deed to the property and have paid rent or taxes on this property.

Tennessee has no specific laws recognizing squatters.The squatter can claim adverse possession after continuous living on the property for 7 years with color of  title (Tenn. Code Ann. § 28-2-101).

Related Links

Government 

• Tennessee Courts
• Tennessee Attorney General & Reporter
• Tennessee Department of Commerce and Insurance
• Tennessee Department of Consumer and Insurance, Insurance Division
• Tennessee Department of Consumer and Insurance, Consumer Affairs Division
• U.S. Department of Housing and Urban Development – Tennessee – Rental Help
• Tennessee Real Estate Commission
• Tennessee Health Department – Renters and Healthy Homes

Legal Aid

• Memphis Area Legal Services, Inc.
• West Tennessee Legal Services
• Legal Aid Society of Middle Tennessee and the Cumberlands
• Southeast Tennessee Legal Services
• Legal Aid of East Tennessee

Attorney Referral Services

• Tennessee Bar Association
• Online Tennessee Justice – Free Legal Advice and Counsel
• Tennessee Trial Lawyers Association

Realtor and Landlord-Tenant Associations

• Tennessee Association of Realtors
• Memphis Area Association of Realtors
• Greater Nashville Association of Realtors
• Knoxville Area Association of Realtors
• Greater Chattanooga Area Association of Realtors
• Clarksville Association of Realtors
• Middle Tennessee Association of Realtors
• Tennessee Apartment Association
• Apartment Association of Greater Knoxville
• Chattanooga Apartment Association
• Greater Nashville Apartment Association