Tennessee Rental Laws - An Overview of Landlord Tenant Rights in Memphis

Key Takeaways

• URLTA governs rentals – Tennessee landlords and tenants must follow the Uniform Residential Landlord and Tenant Act.
• Landlord rules matter – Required disclosures, notice periods, and fair housing laws must be followed by landlords.
• Tenant rights & duties – Tenants must be given a habitable home and follow lease terms.
• Security deposits & evictions – Must be handled legally by landlords with proper 14 day notice or 3 day notice and due court process.

The Tennessee landlord-tenant relationship is guided by the Uniform Residential Landlord and Tenant Act. It prescribes what rights and responsibilities each party of the lease has.

This includes how evictions must be carried out by the landlord, the timeline for security deposit return, and when and why a landlord can enter, among other things. Failing to align your policies with Tennessee's landlord tenant laws can have certain legal and financial ramifications.

In this comprehensive guide, Collaborate Real Estate will walk you through the key Tennessee landlord-tenant laws that every property owner and renter should know.

Required Landlord Disclosures in Tennessee

When renting out a property in Tennessee, landlords must provide the tenant with the following disclosures as per Tennessee rental laws.

• Concentrations of lead-based paint. This is required of landlords renting out homes built before 1978.
• The contact information of the landlord or manager. Landlords must also provide the tenant with an email address or the address of the online portal they will use to communicate with you.
• The location where you’re holding their security deposit.
• Disclosure on whether you’ll be entering the unit to show it to prospective renters or buyers within the lease period.

Tennessee Tenant Rights and Responsibilities

Tenants in Tennessee enjoy the following rights after establishing a lease agreement with a landlord under the landlord tenant act.

A right to:

• A mandatory grace period of 5 days before rent becomes late after the due date.
• Be provided with an advance notice before a landlord's entry of the rental unit.
• Be treated fairly as per the Fair Housing Act in Tennessee.
• Terminate a periodic lease if they wish to, as long as they serve proper advance notice to the landlord.
• Have the remaining portion of the security deposit returned after notifying the landlord.
• Go through the judicial eviction process when getting removed from the premises.
• Have requested repairs done in a timely manner, usually within 14 days after proper notification.
• Live in a habitable property up to Tennessee health and safety and housing codes.

Similarly, tenants in Tennessee are held to certain expectations after establishing a rental agreement with the landlord. The responsibilities under Tennessee law include the following.

• Maintain the unit and any common areas to the right habitable standards.
• Keep the unit clean and sanitary.
• Not engage in any illegal activity.
• Not cause negligent property damage.
• Follow all terms of the lease agreement and pay rent.
• Not disturb the peace and quiet of the neighborhood.
• Report any maintenance issues to the landlord promptly.
• Provide the landlord with a proper notice before moving out.
• Use the property only for its intended purposes.

Tennessee Landlord Rights & Responsibilities

A Tennessee landlord may enjoy the following rights as per the Tennessee landlord tenant laws.

A right to:

• Terminate the lease of a tenant who fails to abide by the terms of the lease agreement or fails to pay rent.
• Make deductions from a tenant’s security deposit to cover things like utilities, unpaid rent, or damage exceeding normal wear and tear.
• End a lease agreement that automatically renews itself after serving proper notice.
• Charge a tenant for all due rent remaining under the lease if they commit a lease violation.
• Raise rent by any amount and as often as you choose.
• Enter a tenant’s rented unit for certain reasons, such as inspection, or repairs, and maintenance.
• Charge a fee after rent becomes late.
• Draft and enforce all terms of the rental agreement as long as they are within the statewide landlord-tenant laws.

As for the list of landlord responsibilities, they include the following for landlords in Tennessee:

• Provide the tenant with the aforementioned mandatory disclosures during the intial lease signing period.
• Not charge more than 10% as a late rent fees and adhere to the five day grace period for late payments.
• Provide the tenant with a 24-hour notice in the final 30 days of the lease if you wish to show the unit.
• Treat tenants fairly as per the Fair Housing Act in Tennessee.
• Provide the tenant with a proper notice for temination of a periodic lease agreement.
• Only make allowable deductions to the tenant’s security deposit, and return any remaining portion to the tenant after they request it.
• Follow the judicious eviction process when looking to terminate a tenancy.
• Make repairs promptly after receiving proper written notification from the tenant to ensure health and safety.

An Overview of the Landlord-Tenant Laws in Tennessee

Habitability Requirement

A landlord must only rent out a habitable rental property in Tennessee. The exact requirements for what constitutes a habitable condition depend on your property’s exact location.

But generally speaking, rental properties must have running essential services such as water, a smoke detector, and garbage receptacles. They must also be free from mold or pest infestations, among other issues, and be up to date with building and housing codes.

Also part of maintaining the rental property’s habitability is responding to repair requests promptly. Usually, landlords must handle maintenance requests within 14 days after receiving a proper written request from the tenant.

Under Tennessee's landlord tenant laws, tenant's do not have the right to repair and deduct, making repairs to the rental unit in exchange for deductions from the rent.

Tenant Evictions

A landlord may begin eviction proceedings against a tenant for certain reasons like lease violations under TN regulations. Some reasons for lease termination include if the tenant fails to pay the rent money on time, violates a lease term, or causes damage beyond normal wear and tear to the premises.

In cases like these, Tennessee law permits landlords to issue a 14-day or 3-day notice to quit as a method of termination of the tenancy. A 14-day or 3-day notice to quit informs the tenant of their violation and asks them to remedy it in a set amount of time. If the tenant fails to fix the issue, then the eviction process may begin. A 3-day notice is issued in cases of unsafe or illegal activity, whilst the 14-day notice is for less immediate concerns like missed rent money.

Landlords must, however, ensure that they follow the proper eviction process from start to finish. Engaging in retaliatory, self-help, cutting off essential services, or FHA-discriminatory evictions is bound to fail. The landlord may get themselves into legal trouble should the tenant choose to sue.

Security Deposits

Security deposits are landlord's first line of defence against property damage and unpaid rent. In Tennessee, the collection, holding, and return of a tenant’s security deposits must conform to a certain set of security deposit laws.

For example, when looking to make deductions from a tenant’s deposit, you must notify the tenant in writing as per TN regulations. You must then continue to hold onto the deposit for at least sixty days until you receive a response from the tenant.

Housing Discrimination

As a landlord, you must abide by the Fair Housing Act in Tennessee. The act requires that landlords must treat tenants fairly regardless of certain protected classes.

In Tennessee, the protected classes are the same as those under the Federal Fair Housing Act. You cannot discrimnate against someone for their race, color, national origin, religion, sex or marital status.

Conclusion

There you have it. The important basics of the Tennessee landlord-tenant law that you should familiarize yourself with for a smooth landlord-tenant relationship.

If you have a question or need expert property management help, look no further than Collaborate Real Estate Group.

We can customize our property management and realtor services to meet your unique needs. Get in touch to learn more!