Under Tennessee law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Uniform Residential Landlord and Tenant Act, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In Tennessee, landlords must only rent out habitable properties. What counts as habitable depends on location. Larger counties (covering about 75% of Tennessee’s population) have uniform standards under the state’s Residential Landlord-Tenant Act. Smaller counties have individualized standards according to common law and local codes. Here is a list of essential amenities that landlords are or are not responsible for in the parts of Tennessee with uniform standards:
Item | Has To Provide? | Has To Fix/Replace? |
---|---|---|
Heating/AC | No | Heating, If Provided |
Hot Water | No | Only If Provided |
Kitchen Appliances | No | Only If Provided |
Garbage Containers/Removal | Only Multiple Unit Properties | Only Multiple Unit Properties |
Smoke and Carbon Monoxide (CO) Detectors | Only Smoke | Only Smoke |
Mold | N/A | Yes |
Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords are required to make necessary repairs in a timely manner. In parts of Tennessee subject to the Residential Landlord-Tenant Act, repairs must usually be made within 14 days after getting written notice from tenants. If repairs aren’t made in a timely manner, Tennessee tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement. Read more
Tennessee landlords can begin the eviction process for any of the following reasons:
Landlords are prohibited from evicting tenants as a form of retaliation or discrimination.
In places covered by Tennessee’s Residential Landlord-Tenant Act, it’s illegal for landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
Returns and Deductions: The following laws apply to the return of security deposits:
Tennessee tenants must give the following notice if they wish to terminate a lease:
Rent Payment Frequency | Notice Needed |
---|---|
Week-to-Week | 10 Days |
Month-to-Month | 30 Days |
Quarter-to-Quarter | No statute |
Year-to-Year | No statute |
Early Termination: Tennessee tenants may legally break a lease for the following reasons:
Tennessee landlords are required to re-rent a unit and not charge a tenant for the remaining value of their lease.
If a Tennessee tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Tennessee does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Tennessee does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Tennessee state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Protected Groups: The Federal Fair Housing Act protects tenants from being discriminated against based on their race, color, national origin, religion, sex, familial status, or disability. This law does not apply to some owner-occupied homes or homes operated by religious organizations. Tennessee law does not protect any additional groups of people beyond those protected by the Federal Fair Housing Act.
Discriminatory Acts and Penalties: The Tennessee Human Rights Commission handles all cases of housing discrimination in the state. The following behavior may be considered discriminatory when directed at a member of a protected group:
Victims of housing discrimination can file a complaint digitally through the commission website or by paper filing. The investigation may establish a reasonable cause that can be used to sue the landlord for damages.
In addition to having laws that address general issues like repairs and security deposits, most states, including Tennessee, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Tennessee landlords have the right to enter a rental property for inspections, maintenance, and property showings. In general, there’s no requirement that landlords give notice before entering a property. There is one exception: landlords must give a 24-hour notice in the final 30 days of the lease if they wish to show the unit. Landlords usually do need tenant permission to enter an occupied property, unless there’s an emergency.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $25,000. Tennessee Small Claims Court is a division of General Sessions Court. The process takes approximately one to three months.
Tennessee landlords must make the following mandatory disclosures:
Tennessee landlords are prohibited from changing the locks on tenants without their consent. Tenants, on the other hand, can change locks freely, as long as this isn’t prohibited by the rental agreement. The landlord still retains access rights, so tenants usually have to provide copies of any new keys to the landlord.
When a Tennessee landlord fails to keep a rental property in the condition required by state and local law, renters have the right to report such violations to the proper government organizations. Most areas have dedicated inspection departments that enforce code compliance. Renters can request an inspection from such local authorities as evidence that the landlord has provided substandard housing.
Many cities in Tennessee have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
In Nashville, the Property Standards Division is responsible for enforcing zoning and building standard codes. Nashville has certain restrictions on “visual clutter” and inoperable automobiles on the premises. More info about these rules can be found on the city’s website.
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.
Is Tennessee a “Landlord Friendly” State? Tennessee is a fairly landlord-friendly state because of its lack of rent control and uneven standards for habitable housing. Read more » What Are a Tenant’s Rights in Tennessee? A tenant's rights in Tennessee depend on location. In larger counties covering about 75% of the state's population, the Residential Landlord-Tenant Act gives tenants uniform protections and housing standards. Local codes, the common law, and the terms of the rental agreement control a tenant's rights in the rest of the state. Read more » Can a Tenant Change the Locks in Tennessee? Tennessee law does not restrict tenants changing locks. Tenants can change the locks if it's not prohibited by the terms of the rental agreement. Read more » Can a Landlord Enter Without Permission in Tennessee? Tennessee landlords can enter rental property without permission for purposes reasonably related to the tenancy, unless the lease says otherwise. The only exception is that landlords must give a 24-hour advance notice before any entry in the last 30 days of the lease for the purpose of showing the property. Read more »