What types of rental accommodations are covered by legislation governing residential tenancies in Tennessee?
The Tennessee Uniform Residential Landlord & Tenant Act governs residential rental units such as houses, apartments, suites and similar accommodations. Some provisions of the Act apply only to certain counties (based on population).
What types of rental accommodations are NOT covered by this legislation?
The Act does not apply to the following accommodations:
(a) Residence at a public or private institution, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service;
(b) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest;
(c) Transient occupancy in a hotel, or motel or lodgings subject to city, state, transient lodgings or room occupancy under the Excise Tax Act;
(d) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; or
(e) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
Is it necessary to have a written lease or rental agreement?
The rental agreement can be either written or oral, however, a written agreement is preferable as it clearly sets out the rights and responsibilities of each party. If there is no written agreement, the tenancy is assumed to be month to month.
What about a signed move-in move-out inspection report?
A signed move-in inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list.
Within 3 business days of the termination of occupancy but prior to any repairs or cleanup of the premises, the landlord must inspect the premises and compile a comprehensive listing of any damage to the unit which is the basis for any charge against the security deposit and the estimated dollar cost of repairing such damage. The tenant then has the right to inspect the premises to determine the accuracy of the listing. The landlord and the tenant must both sign the listing, as conclusive evidence of the accuracy of the listing. If the tenant refuses to sign, s/he must state specifically in writing the items on the list which s/he does not agree with, and sign the statement. If the tenant has moved or is otherwise inaccessible to the landlord, the landlord is required to mail a copy of the listing of damages and estimated cost of repairs to the tenant at the tenant's last known mailing address.
Can the landlord charge a deposit?
The landlord has the right to require a security deposit, but is required to deposit all security deposits in an account used only for that purpose and to inform the tenant of the location of the account.
If the tenant vacates the premises with no rent owing and with a refund due from the security deposit, the landlord must send notification of the amount of the refund to the forwarding address provided by the tenant. If the tenant does not respond within 60 days from the date the notification was sent, the landlord can retain the security deposit. If the tenant vacates the premises with unpaid rent due and owing, and without making a demand for the return of the deposit, the landlord may, after 30 days, remove the deposit from the account and apply it to the unpaid debt.
When is the landlord allowed to increase the rent?
The landlord must give 60 days notice to the tenant before raising the rent. There are no specific rent controls in Tennessee. However, the Landlord and Tenant law, within its jurisdiction, does require the rent to be comparable to what other tenants are charged for similar accommodations.
Can the landlord levy additional charges for late rent?
State law allows a grace period of 5 days from the day the rent is due, and the landlord cannot charge a late fee if the rent is paid during that 5-day period. If the rent is paid after that time and the landlord charges a late fee, it cannot exceed 10% of the amount of rent past due.
If the tenant is renting a unit in a public housing project in a county with a population between 250,000 and 300,000, the late fee cannot be more than $5 per month, and cannot be assessed unless more than 15 days have elapsed since the rent was due.
How can a lease be terminated?
A month-to-month tenancy can be terminated by either party giving the other party 30 days written notice prior to the next rent payment date. A week-to-week tenancy can be terminated by 10 days written notice.
When is the landlord permitted to enter the premises?
Tennessee landlord-tenant law states that the tenant cannot unreasonably deny the landlord permission to enter the rental unit in order to inspect the premises, make repairs, supply required services or show the premises to prospective tenants, purchasers or mortgagees. However the law does not state how much notice a landlord must give the tenant. In case of emergency, the landlord can enter without the permission of the tenant. The landlord is prohibited from abusing this right of access or using it to harass a tenant.
On what grounds can a landlord evict a tenant?
The landlord can evict a tenant for several reasons, such as non-payment of rent, damage to the premises, failure to comply with the Act or the terms of the rental agreement, material noncompliance affecting health and safety, remaining on the property after the expiration of the rental agreement, illegal activities on or around the premises, violence or behavior which endangers the health, safety or welfare of the life or property of other tenants or persons on the premises. The landlord must give the tenant proper notice as prescribed by State law, and if the tenant does not move or cure the problem within the time stated in the notice, the landlord can commence an eviction action in court.
A landlord may not cut off utilities or necessary services, lock a tenant out or otherwise try to take possession of the premises by any means other than through the courts.
A landlord cannot increase rent, threaten eviction, cut off or reduce services as retaliation against a tenant for complaining to the landlord or to a government agency with respect to the condition of the premises, for organizing or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
[close]
