Landlord-Tenant Laws in Tennessee

You can’t argue that every tenant has to know their rights and responsibilities. While there are some federal laws in place that will apply to any place you live in the US, there are also state laws that might differ significantly. For this reason, we create a guide for each state and go into detail about its specific regulations. 

In this piece, we focus on the landlord-tenant laws in Tennessee. Use our table of contents to jump straight into the topic that interests you the most, or read the full article to learn everything you need to know about renting in the Volunteer State!

Rental Application

Application fee: not indicated
Application fee refund: non-refundable 
Rental agreement required: oral or written

Commonly, when the tenant applies for the rental, the landlord will charge an application fee. Landlord-tenant law in Tennessee does not establish an amount of the application fee, but it is usually in the $30-$50 range. This fee is non-refundable, even if the applicant was declined unless they believe they were discriminated against during the process. 

The rental agreement is considered legally binding whether it was concluded orally or in writing. But, as always, we recommend you to have a signed rental agreement. This way, both you and your landlord will have clarity on your rights and responsibilities. A rental agreement can also play a crucial role if you happen to have any misunderstandings or issues during your tenancy. Using Rentberry, you can eSign your rental agreement in mere minutes, even without the need to leave your home, which is a great alternative to old-school paper contracts!

Security Deposit

Pet deposit maximum: not indicated
Security deposit maximum: not indicated
Security deposit interest: no
Return deposit deadline: 30 days
List of charges with the basis for the claim: required
Legal reasons to keep security deposit: to cover unpaid rent or bills or property damage beyond normal wear and tear

Tennessee landlord-tenant laws do not specify the maximum amount of security deposit the landlord can charge. Similar to other places with no rent control in place, the size of the security deposit is mostly shaped by the rental market. On average, you can expect to pay one or two months’ rent. 

In Tennessee, just like in some other states across the country, the landlord is required to place a security deposit in a separate bank account. But, the laws do not require this account to be interest-bearing. 

It’s important to note that the landlord has the right to keep the security deposit only if they earlier placed the deposit in a bank account. Additionally, they must present the tenant with the list of charges. Finally, the landlord has to conduct an inspection of the rental to be able to claim the security deposit or some part of it. A renter has the right to be present during this inspection, and it can occur with the renter still occupying the property or within four days since the tenant moved out.

The landlord must return the deposit 30 days after the renter vacates the property. However, if the property manager intends to keep the security deposit (or its part), they should send a written notice to the tenant. It must include the list of charges and the amount owed to the renter. If the landlord does not receive an answer within 60 days, they may keep the rest of the deposit.

Security and Comfort

Smoke alarms: required
Carbon monoxide detectors: not required
Rekey requirements: not indicated

Tennessee laws require every living unit (including rentals) to have a smoke alarm. It’s the tenant’s responsibility to inform the property manager about any issues with the device and regularly change the batteries. 

Unlike many other states across the US, Tennessee does not have regulations regarding the installation of carbon monoxide detectors. Although many local authorities recommend having CO detectors in the living units, it is not controlled on the state level.

Rental Payments

Maximum rent: not indicated
Rent increase: not indicated
Right to withhold rent for failure to provide essential services (such as water, heat, etc.): allowed
Late payment limit: up to 5 days

Overall, Tennessee is considered to be a landlord-friendly state, which can be noticed through some state laws, for example, those regarding rent amounts and rent control. Tennessee laws ban rent control throughout the state, and there is no maximum rent amount the landlord can charge. Similarly, there are no regulations regarding rent increases according to the tenant-landlord laws in Tennessee. In practice, this means that there is no cap on how much the property manager can increase the rent or how often they can do it. What’s more, the statutes do not have any laws dedicated to a rent increase notice, which relieves landlords from the requirement to send the notice in advance.

If the tenant fails to pay rent on time, Tennessee statutes allow for a five-day grace period, with the payment due date counted as the first day. Also, if the last day of the grace period falls on Sunday or holiday, the landlord cannot charge the tenant a late fee if they pay rent the next day. Finally, you should know that the property manager is only allowed to charge up to 10% of the full amount that is due.

Lease Terminations

Notice to terminate lease: 30 days for a month-to-month lease, 10 days for a week-to-week lease
Eviction notice for not paying rent: 14 days’ notice
Eviction notice for lease violation: from 3 days, depending on the violation type

Both tenant and landlord can conclude the rental agreement by providing the notice to terminate to the other party. If it’s a month-to-month rental agreement, you should give the notice at least 30 days before vacating the property. And, in case of a week-to-week tenancy, it should be done at least ten days before.

The eviction notice time would vary depending on the reason for eviction. The landlord can issue a three-day eviction notice if the renter is engaged in any drug-related activities, commits a violent act, or acts in a way that endangers the health and safety of neighboring tenants or other people. A fourteen-day eviction notice is given if the tenant is late on paying rent for two weeks or if they or their guests damage the property. The tenant has a chance to fix the issue within this time frame, and if they do, they will not have to leave the rental. However, if the same problem occurs within the next six months, the landlord can give an unconditional quit notice.

Disclaimer: Although we have relied on Official State Statutes and other credible sources to find and analyze information for this post, you’re advised to use it as a starting point only and do not consider this article a substitute for legal advice. Some situations are unique, and it is always better to consult with a qualified lawyer or appropriate government agencies.

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Nashville, TN