Tennessee Landlord-Tenant Laws: A 2026 Guide for Landlords and Tenants
Quick Answer
Tennessee's landlord-tenant relationship is split between two different bodies of law depending on county population: the Uniform Residential Landlord and Tenant Act (Tenn. Code Ann. §§ 66-28-101 to -523) applies only in counties with more than 75,000 people under the 2010 census, while smaller counties are instead governed by older Title 66, Chapter 7 provisions. Under the Act, there is no statewide cap on security deposits, which must be held in a dedicated account and returned — with an itemized list of any amounts withheld — within 60 days of move-out. Late fees are capped at 10% of the rent past due after a 5-day grace period. Before eviction, landlords generally must give tenants a 14-day notice for nonpayment of rent or a curable lease violation, or a 3-day notice for violence, a health-or-safety danger, or an unauthorized subtenant. Self-help eviction is illegal. A 2024 law also lets property owners request expedited sheriff removal of a true squatter without going to court.
Tennessee rental relationships are governed by two different bodies of state law, depending on where the property is located. In the state's larger counties, the Uniform Residential Landlord and Tenant Act (Tenn. Code Ann. §§ 66-28-101 to -523) sets out detailed rules on security deposits, rent, entry notice, landlord and tenant duties, disclosures, retaliation, and eviction. This guide summarizes the Act, plus Tennessee's separate 2024 law addressing squatters and its general adverse-possession statutes, with links to the primary Tennessee Code sections for each point.
This guide is not comprehensive, is not legal advice, and does not warrant the accuracy of third-party information. Tennessee statutes change, and counties and cities may have their own additional regulations outside the Act. If you are dealing with a landlord-tenant dispute, consult a qualified Tennessee attorney.
Where Tennessee's Landlord-Tenant Rules Come From
Tennessee's core landlord-tenant statutes are:
Tenn. Code Ann. §§ 66-28-101 to -523 — the Uniform Residential Landlord and Tenant Act (Title 66, Chapter 28), which applies only in counties with a population of more than 75,000 under the 2010 federal census (§ 66-28-102).
Tenn. Code Ann. §§ 66-7-101 to -112 — older lease and landlord-tenant provisions (Title 66, Chapter 7) that apply in counties not covered by the Act.
Tenn. Code Ann. §§ 29-18-101 to -135 — the forcible entry and detainer statutes (Title 29, Chapter 18), Tennessee's general court procedure for recovering possession of real property, including the 2024 expedited removal process for squatters.
The Tennessee Code Annotated is published under contract with the state by LexisNexis; the Tennessee Administrative Office of the Courts links to the publisher's free public-access version of the Code.
Tennessee Security Deposit Rules
There is no Tennessee statute capping the amount of a residential security deposit. A landlord requiring a security deposit must deposit it in an account used only for that purpose, at a bank or other lending institution regulated by the state or federal government (Tenn. Code Ann. § 66-28-301(a)), and must notify the tenant of the account's location, though not its account number (§ 66-28-301(h)).
If the tenant vacates owing rent or other amounts, the landlord may apply the deposit to that debt (§ 66-28-301(e)). If the tenant leaves owing no rent and is due a refund, the landlord must send notice of the amount owed to the tenant's last known or reasonably determinable address; if the landlord gets no response within 60 days, the landlord may keep the deposit free of the tenant's claims (§ 66-28-301(f)). A landlord who fails to deposit the money as required, or fails to provide a proper listing of damages, forfeits the right to retain any portion of the deposit (§ 66-28-301(c)).
Key Insight
Tennessee does not have one uniform landlord-tenant law that applies the same way statewide. The Uniform Residential Landlord and Tenant Act (Tenn. Code Ann. §§ 66-28-101 to -523) applies only in counties with a population of more than 75,000 according to the 2010 federal census, and it preempts the field in those counties (§ 66-28-102(a), (e)). In smaller counties, landlord-tenant notice periods instead come from the older Title 66, Chapter 7 provisions (§§ 66-7-101 to -112), which by their own terms do not apply to property in a county governed by the Act (§ 66-7-109(f)). This guide focuses on the Act, which covers Tennessee's largest counties. It's also worth correcting a widely repeated claim: § 66-7-107 does not let a landlord instantly evict a tenant for drug or prostitution activity on the premises. It is a nuisance-abatement tool that only the local district attorney general can invoke against the property owner, and only after giving the owner five days' written notice and a chance to pursue the eviction itself.
Rent, Late Fees, and Rental Agreement Terms
Tennessee has no rent control law. Rent is payable without demand at the time and place agreed upon; absent a different agreement, rent is due at the dwelling unit at the beginning of each month, or at the start of any shorter term (Tenn. Code Ann. § 66-28-201(c)).
Tenants get a 5-day grace period, beginning the day rent is due, before a landlord may charge a late fee; if the last day of that period falls on a Sunday or legal holiday, the landlord cannot charge a late fee as long as the tenant pays on the next business day. Any late fee, however described, cannot exceed 10% of the rent past due (§ 66-28-201(d)). There is no statute capping application fees or other rental fees, and a rental agreement cannot require the tenant to waive rights or remedies under the Act (§ 66-28-201(a)).
When Can a Landlord Enter the Rental Unit?
A tenant may not unreasonably withhold consent for the landlord to enter to inspect the premises, make necessary or agreed repairs, supply agreed services, or show the unit to a prospective or actual purchaser, mortgagee, tenant, worker, or contractor (Tenn. Code Ann. § 66-28-403(a)). A landlord may enter without consent in an emergency, or to restore utilities that were shut off through no fault of the landlord's (§ 66-28-403(b), (c)). The landlord has no other right of access except by court order, if the tenant has abandoned or surrendered the unit, if the tenant is deceased, incapacitated, or incarcerated, or within the final 30 days of the lease term to show the unit to a prospective tenant — and that last right must be written into the rental agreement, with at least 24 hours' notice to the tenant (§ 66-28-403(e)). The landlord may not abuse the right of access or use it to harass the tenant (§ 66-28-403(d)).
Landlord and Tenant Duties Under Tennessee Law
Under § 66-28-304, a landlord must deliver possession of the premises to the tenant at the start of the term in compliance with the rental agreement (§ 66-28-303), comply with building and housing codes materially affecting health and safety, make all repairs necessary to keep the premises fit and habitable, keep common areas clean and safe, and — in buildings of four or more units — provide and maintain garbage receptacles.
Under § 66-28-401, a tenant must comply with health-and-safety codes that apply to tenants, keep the space the tenant occupies as clean and safe as its condition allowed when the tenant took possession, dispose of waste properly, avoid deliberately or negligently damaging the premises or allowing others to do so, avoid illegal conduct on the premises, and avoid disturbing neighbors' peaceful enjoyment of the property. Unless otherwise agreed, a tenant must occupy the unit only as a dwelling, and a rental agreement may require the tenant to notify the landlord, on or before the first day, of any anticipated absence of more than 7 days (§ 66-28-404).
Required Landlord Disclosures in Tennessee
A landlord must disclose to the tenant in writing, at or before the start of the tenancy, the name and address of the agent authorized to manage the premises and of the owner (or a person authorized to act for the owner) for accepting service of process and receiving notices, plus a phone number, email address, or online portal for maintenance requests (Tenn. Code Ann. § 66-28-302(a)). A landlord who fails to make this disclosure becomes the tenant's agent for service of process and notices (§ 66-28-302(c)).
Separately, federal law requires a landlord renting housing built before 1978 to disclose known lead-based paint hazards and give tenants an EPA-approved information pamphlet before the lease is signed (42 U.S.C. § 4852d).
Definition
Essential services means utility services — including gas, heat, and electricity — and any other obligation imposed on the landlord that materially affects the tenant's health and safety (Tenn. Code Ann. § 66-28-502(a)(3)). If a landlord deliberately or negligently fails to supply an essential service, the tenant may give written notice specifying the breach and then procure the service and deduct its actual, reasonable cost from rent; recover damages for the reduced rental value while staying in the unit; or get substitute housing and pay no rent for that period, plus reasonable attorney's fees in any case (§ 66-28-502(a)).
Renters' Rights and Protection From Retaliation
If a landlord unlawfully removes or excludes a tenant, or willfully diminishes services by interrupting an essential service called for in the rental agreement, the tenant may recover possession or terminate the agreement and, either way, recover actual damages, punitive damages when appropriate, and reasonable attorney's fees; if the agreement is terminated, the landlord must also return all prepaid rent and security deposits (Tenn. Code Ann. § 66-28-504).
A landlord may not retaliate — by raising rent, cutting services, or bringing or threatening a possession action — because a tenant complained to the landlord about a security-deposit violation or made use of any remedy under the Act, except where the tenant caused the underlying code violation, is behind on rent, or where code compliance would require alterations that deprive the tenant of use of the unit (§ 66-28-514).
Tennessee Eviction Laws
For most lease violations, including nonpayment of rent, a landlord must deliver written notice specifying the breach. If the breach can be cured by paying rent, the cost of repairs, or another amount owed, the landlord may inform the tenant that the agreement will terminate if the breach is not remedied within 14 days of receiving the notice. If substantially the same breach recurs within 6 months of an earlier cured notice, the landlord may terminate on just 7 days' notice, with no further chance to cure. If the breach is not curable this way at all, the landlord may terminate on at least 14 days' notice (Tenn. Code Ann. § 66-28-505(a)).
A landlord may terminate a rental agreement on just 3 days' written notice if the tenant, or another person on the premises with the tenant's consent, willfully or intentionally commits a violent act; behaves in a manner that constitutes or threatens a real and present danger to the health, safety, or welfare of other tenants or persons on the premises; creates a hazardous or unsanitary condition affecting others' health, safety, or welfare; or refuses to vacate after entering as an unauthorized subtenant or occupant (§ 66-28-517(a)). Special rules limit eviction of domestic-abuse victims and innocent occupants when the underlying violation is domestic abuse by another household member.
Either party may end a week-to-week tenancy with at least 10 days' written notice, or a month-to-month tenancy with at least 30 days' written notice (§ 66-28-512(a), (b)). If a tenant holds over without the landlord's consent after the agreement ends, the landlord may sue for possession, back rent, and reasonable attorney's fees, and — if the holdover was willful and not in good faith — actual damages as well (§ 66-28-512(c)). Separately, if a written rental agreement requires the tenant to put utilities in the tenant's own name and the tenant fails to do so within 3 days of occupancy, the landlord may have utilities still in the landlord's name disconnected (§ 66-28-521).
In counties not covered by the Act, notice periods instead come from Tenn. Code Ann. § 66-7-109, which generally requires 14 days' notice for nonpayment of rent or property damage, 30 days' notice for other lease defaults, and 3 days' notice for violent or dangerous conduct — but by its own terms does not apply to property in a county governed by the Act. A separate provision, § 66-7-107, lets the local district attorney general seek eviction of a tenant using the premises for controlled-substance or prostitution violations if the owner, after written notice, does not diligently pursue the eviction itself.
Squatters, Adverse Possession, and the 2024 Expedited Removal Law
Under Tennessee's general adverse-possession statutes, a person can gain title to land after 7 years of possession under a recorded deed, devise, grant, or other assurance of title purporting to convey a fee (Tenn. Code Ann. § 28-2-101). Without a recorded conveyance, a person who has paid state and county taxes on the land for more than 20 continuous years, with a recorded deed or other assurance of title for that same period, is presumed to be the land's legal owner (§ 28-2-109).
Effective July 1, 2024, Tenn. Code Ann. § 29-18-135 (2024 Tenn. Acts, ch. 1009) gave property owners a faster path to remove a true squatter — someone who was never a tenant — without filing a court case first. The owner or an authorized agent submits a sworn, verified complaint to the sheriff of the county where the property is located, stating that an unauthorized person has unlawfully entered and remains in a residential dwelling that was not open to the public at the time of entry, that the owner has directed the person to leave, that the person is not a current or former tenant under any written or oral rental agreement, is not an immediate family member of the owner, and that there is no pending litigation over the property. If the sheriff verifies the complaint, the sheriff serves a notice to immediately vacate and restores possession to the owner, and may arrest an occupant for trespass or other cause. This process does not apply to a current or former tenant, including a holdover tenant, who must still be removed through the standard detainer process, and a person wrongfully removed under this section may sue for restoration of possession, triple the fair market rent, costs, and attorney's fees.
Self-help remains illegal against squatters and tenants alike. Changing locks, removing belongings, or shutting off utilities without going through the statutory process can expose a property owner to civil liability.
Where to Get Help
Key Takeaways
- In counties where the Uniform Residential Landlord and Tenant Act applies, there is no cap on security deposits, but landlords must hold them in a dedicated account and return any balance — with an itemized list of amounts withheld — within 60 days after move-out (Tenn. Code Ann. § 66-28-301).
- Late fees are capped at 10% of the rent past due, and tenants get a 5-day grace period before any late fee applies (§ 66-28-201(d)).
- Landlords must give written notice before terminating a tenancy — generally 14 days for nonpayment of rent or a curable lease violation, or 3 days for violence, a health-or-safety danger, or an unauthorized subtenant or occupant (§§ 66-28-505, -517).
- Self-help eviction — lockouts or utility shutoffs — is illegal; a tenant subjected to it may recover possession or terminate the lease, plus actual damages, punitive damages when appropriate, and attorney's fees (§ 66-28-504).
- A 2024 law (§ 29-18-135) lets a property owner request expedited sheriff removal of a true squatter — someone who was never a tenant — without filing a court case, if strict statutory conditions are met.
- Adverse possession requires 7 years of possession under a recorded deed or other color of title, or 20 years without one, along with payment of property taxes throughout (§§ 28-2-101, -109).
Frequently Asked Questions
How much can a Tennessee landlord charge for a security deposit?
There is no statewide cap on residential security deposits under the Uniform Residential Landlord and Tenant Act. Landlords must deposit all security deposits in an account used only for that purpose, at a bank or other lending institution regulated by the state or federal government (Tenn. Code Ann. § 66-28-301(a)).
How long does a Tennessee landlord have to return a security deposit?
If the tenant leaves owing no rent and is due a refund, the landlord must send notice of the amount owed to the tenant's last known or reasonably determinable address. If the landlord does not receive a response within 60 days of sending that notice, the landlord may keep the deposit free of any claim by the tenant (Tenn. Code Ann. § 66-28-301(f)).
How much notice must a Tennessee landlord give before evicting a tenant for unpaid rent or a lease violation?
For most lease violations, including nonpayment of rent, the landlord must give written notice specifying the breach. If the breach is curable by paying rent, the cost of repairs, or another amount owed, the tenant has 14 days after receiving the notice to cure it before the rental agreement terminates. If substantially the same breach recurs within 6 months, the landlord may terminate on just 7 days' written notice without a further chance to cure (Tenn. Code Ann. § 66-28-505(a)).
Can a Tennessee landlord use "self-help" eviction, like changing locks or shutting off utilities?
No. If a landlord unlawfully removes or excludes a tenant, or willfully cuts off an essential service provided for in the rental agreement, the tenant may recover possession or terminate the lease, and in either case recover actual damages, punitive damages when appropriate, and reasonable attorney's fees. If the lease is terminated this way, the landlord must also return all prepaid rent and security deposits (Tenn. Code Ann. § 66-28-504).
How much notice must a landlord give before entering a Tennessee rental unit?
The Uniform Residential Landlord and Tenant Act does not set a general advance-notice period for a landlord to enter and inspect, repair, or show the unit; the tenant simply may not unreasonably withhold consent (Tenn. Code Ann. § 66-28-403(a)). The one specific timing rule applies to showing the unit to a prospective tenant during the final 30 days of the lease term: that right of entry must be written into the rental agreement, and the landlord must give the tenant 24 hours' notice (§ 66-28-403(e)(5)).
Can a Tennessee property owner remove a squatter without going to court?
Sometimes. Under Tenn. Code Ann. § 29-18-135, effective July 1, 2024, a property owner or authorized agent can submit a sworn complaint to the sheriff of the county where the property is located to remove a person who unlawfully entered and remains in a residential dwelling, provided the property was not open to the public when the person entered, the owner has directed the person to leave, the person is not a current or former tenant or an immediate family member of the owner, and there is no pending litigation over the property. This process does not apply to tenants, including holdover tenants, who must still be removed through a standard detainer action.
This article is provided by PayRent for general informational purposes and is not legal advice. Tennessee laws change, and how they apply can depend on your specific circumstances and which county your rental property is in — always confirm current requirements with the official Tennessee Code or a licensed attorney before acting. Learn more about how PayRent helps landlords track rent, security deposits, and lease compliance at payrent.com.
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