Landlord-tenant relationships are a fundamental aspect of the housing market, and they come with a set of rights and responsibilities for both parties. In Tennessee, the Uniform Residential Landlord and Tenant Act governs these rights and responsibilities. As a landlord, you need to understand the specifics of Tennessee landlord-tenant laws to ensure a fair and lawful coexistence. 

Required Landlord Disclosures in Tennessee

As per the landlord-tenant act in Tennessee, landlords must disclose important information to tenants. The disclosures regard:

• Nonrefundable Fees: Nonrefundable fees are considered optional disclosure. However, it’s recommended that all nonrefundable charges be included in the lease. If not, the landlord may be required to refund the tenant at the end of the lease.
• Security Deposits: Tennessee landlords must disclose the bank or financial institution where the security deposit is being held.
• Rights of Domestic Violence Victims: Victims of abuse have special rights that must be included in the lease. For instance, landlords must state that domestic violence victims can pre-terminate their lease without penalty and without having to pay rent.
• Owner or Agent Identity: Landlords or their authorized representatives are required to provide their names and addresses within or alongside the lease.
• Move-In Checklist: Move-in checklists are optional but recommended disclosures. This checklist will help identify the damages caused by tenants after the lease term.

Tennessee Tenant Responsibilities and Rights

Tennessee tenants are entitled to the following rights according to landlord-tenant laws:

• A habitable rental unit and a peaceful living environment that meets basic health and safety standards.
• The ability to sue for the costs of repairs or obtain a court order compelling the landlord to provide habitable premises.
• Receive a 24-hour notice in the final 30 days of the lease agreement if the landlord intends to show the unit to prospective tenants.
• Protection against retaliatory or discriminatory eviction practices.
• The right to legally pre-terminate a lease due to justifiable causes, such as the failure of the landlord to maintain habitable conditions.

Tennessee tenants have specific obligations to ensure the rental unit is well-maintained and safe. If a tenant fails in their responsibilities, they can be held accountable:

• Keep the living environment safe and free from hazards to comply with health and safety regulations.
• Adhere to all housing and safety rules as stipulated in the lease agreement, as well as any late fees.
• Maintain cleanliness and tidiness in the rental property as required by the landlord to prevent damages.
• Refrain from engaging in unlawful activities or causing intentional harm to the rental unit.
• Avoid disturbing other tenants or neighbors with disruptive behavior.
• Pay rent on time and in full each month throughout the tenancy. Late rent payments may incur late fees or result in potential legal action.

Tennessee Landlord Responsibilities and Rights

The following are the basic landlord rights in the state of Tennessee:

• Collect rent payments when due and having any late fees outlined by the lease.
• Enter the unit for inspections, maintenance, and premises showings during the tenancy with proper notice.
• Make any allowable deductions from the security deposit.
• Begin the eviction process based on legal grounds and following Tennessee eviction laws.
• Increase rent without prior notice.

If a landlord fails in their responsibilities, there may be repercussions. Here are the basic responsibilities of a landlord in Tennessee:

• Provide a habitable living space to the tenant.
• Adhere to the eviction process as outlined by Tennessee landlord-tenant law.
• Return the tenant’s security deposit within 60 days after the lease agreement expires.
• Preserve the rental’s condition by conducting routine keeping, responding to tenant requests for restorations, and addressing essential repairs promptly. 

An Overview of the Landlord-Tenant Laws in Tennessee

The following is a general overview of the Tennessee landlord-tenant laws:

Tenant Privacy and the Landlord’s Right to Enter the Dwelling

Landlords can enter rental properties for inspections, and maintenance, and to conduct showings to a new tenant. Generally, they need the tenant’s permission to enter unless there’s an emergency. They usually don’t have to give prior notice, except in the last 30 days of the lease or rental agreement when they need to give a 24-hour notice to show the unit.

The Condition, Maintenance, and Repairs

In the state of Tennessee, the implied habitability warranty signifies that a landlord must provide a rental unit that is safe and suitable for living. This warranty ensures fundamental health and safety standards and cannot be waived in the lease agreement.

However, it does not cover minor issues such as aesthetics or cleanliness. Landlords are obligated to address keeping concerns in compliance with these regulations.

Tennessee’s Housing Discrimination Laws 

Landlords must comply with the federal Fair Housing Act and avoid discriminating against a tenant based on protected classes such as race, skin color, nationality, sex, religion, familial status, or disability. Ensuring compliance with these legal requirements is a critical part of landlord obligations.

Security Deposits

Landlords can collect security deposits without a maximum limit. The deposit must be held in a financial account, and the landlord is required to disclose the bank or institution holding the deposit. Although Tennessee laws do not mandate interest payments on deposits, landlords must fulfill their legal obligations to return the deposit after the lease, minus any permitted deductions for damages or unpaid fees. Make sure you fill out the right legal forms when it comes to security deposits.

Tenants Rights to Withhold Rent in Tennessee

Tennessee tenants are entitled to a habitable home and timely repairs. If repairs are not made within a reasonable time, tenants can sue for costs, obtain a court order, or terminate the lease early. However, state regulations do not allow tenants to withhold rent, meaning tenants must continue to pay while seeking resolutions.

Required Landlord Disclosures

In Tennessee landlord-tenant laws, the following are required disclosures and must be included in lease agreements:

• The landlord’s name and address
• The security deposit holdings
• The right to enter for showings
• Any risks of lead-based paint

Small Claims Lawsuits in Tennessee

The majority of conflicts between a landlord and tenant are resolved in Small Claims Court. Both the landlord and tenant can initiate cases to address minor disputes without the need for legal representation, provided the claimed amount is below $25,000.

Bottom Line 

For landlords navigating the complexities of Tennessee landlord-tenant regulations, partnering with experts can ease the burden. Specialized Property Management Memphis provides comprehensive services, from drafting legally compliant rental agreements to ensuring adherence to any health standards and adhere to the local safety code.

If you have specific questions about Tennessee state law, lease agreements, or any other aspect of owning a rental unit in Tennessee, work with the experts here at Specialized Property Management Memphis! From creating rental agreements to making sure you adhered to safety code, and building and housing codes to helping you understand Tennessee’s eviction laws, we’re here to lighten your load as a landlord.

Disclaimer: This blog does not constitute legal advice from a licensed attorney in your state. Tennessee law is subject to change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.