Statutes, lease requirements, tenant rights, and landlord remedies under Tennessee law. Updated April 2026.
Tennessee does not require residential leases to be in writing for tenancies of one year or less. However, written leases are standard practice and strongly recommended. Under Tenn. Code § 66-28-302, the landlord must disclose the name and address of the person authorized to manage the premises and an owner or person authorized to act on behalf of the owner for service of process and receiving notices and demands.
Written leases in Tennessee should include the rental amount, payment due dates, lease term, security deposit amount, late fee provisions, maintenance responsibilities, and rules regarding pets or modifications. The lease should also specify the notice requirements for termination and the consequences of lease violations. Under Tenn. Code § 66-28-201(d), the lease may include provisions for attorney fees to the prevailing party in any legal action.
Tennessee law prohibits certain lease provisions. Under Tenn. Code § 66-28-105, a rental agreement may not waive the rights or remedies provided to the tenant under the Act, require the tenant to agree to a confession of judgment, or limit the landlord's liability for injuries to the tenant. Any such provision is void. Additionally, landlords must comply with federal lead-based paint disclosure requirements for properties built before 1978.
Rent is due at the time and place agreed upon in the rental agreement. Under Tenn. Code § 66-28-201(c), if no specific due date is stated, rent is payable at the beginning of each month for month-to-month tenancies. Tennessee provides a statutory grace period: under Tenn. Code § 66-28-201(d), a landlord may not charge a late fee until rent is 5 or more days late (the grace period is reduced to 3 days if rent is due on a date other than the first of the month).
Tennessee has no rent control, and state law preempts local governments from enacting rent control ordinances under Tenn. Code § 66-35-102. Landlords may increase rent by any amount with proper notice. For month-to-month tenancies, at least 30 days' written notice before the end of the monthly period is required. Rent increases cannot be retaliatory under Tenn. Code § 66-28-514.
Late fees in Tennessee are regulated by statute. Under Tenn. Code § 66-28-201(d), the late fee cannot exceed 10% of the amount of rent past due. This is one of the few states with a specific statutory cap on late fees. Landlords may also charge a fee for returned checks. If rent remains unpaid, the landlord must provide a 14-day written notice before proceeding with eviction.
Under Tenn. Code § 66-28-304, the landlord must comply with applicable building and housing codes materially affecting health and safety, make all repairs necessary to keep the premises in a fit and habitable condition, keep common areas clean and safe, maintain all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances in good and safe working order, and provide running water, reasonable amounts of hot water, and heat (where applicable).
Tenants have corresponding obligations under Tenn. Code § 66-28-401 to keep the premises clean and safe, use all facilities and appliances in a reasonable manner, dispose of waste properly, refrain from damaging the property, and comply with building and housing codes. Tenants must notify the landlord in writing of any conditions requiring repair that they cannot remedy themselves.
If the landlord fails to comply with maintenance obligations, the tenant may deliver written notice specifying the breach. Under Tenn. Code § 66-28-502, if the landlord does not remedy the condition within 14 days (or as promptly as conditions require for emergencies), the tenant may terminate the rental agreement. Tennessee courts have also recognized an implied warranty of habitability, requiring landlords to maintain rental properties in a condition fit for human habitation throughout the tenancy.
Under Tenn. Code § 66-28-403, the landlord may enter the dwelling unit at reasonable times with the consent of the tenant to inspect the premises, make necessary repairs, supply agreed-upon services, or show the unit to prospective tenants or purchasers. The landlord must provide at least 24 hours' advance notice before entry, except in cases of emergency.
Landlords may enter without notice in cases of emergency, such as fire, flood, or gas leak. Entry is also permitted when the tenant has abandoned or surrendered the premises. If the tenant unreasonably refuses entry after proper notice, the landlord may obtain injunctive relief or terminate the rental agreement after providing written notice.
If the landlord abuses the right of access or uses it to harass the tenant, the tenant may obtain injunctive relief to prevent the recurrence and may terminate the rental agreement. Tennessee courts interpret "reasonable times" as generally during normal business hours, and the purpose of entry must be one authorized by statute or the lease agreement.
Tennessee tenants are protected by the Uniform Residential Landlord and Tenant Act with several key rights. Tenants have the right to a habitable dwelling maintained in compliance with building and housing codes under Tenn. Code § 66-28-304. If the landlord fails to maintain the premises, the tenant may terminate the lease after providing 14 days' written notice if the condition is not remedied.
Tenants are protected from retaliation under Tenn. Code § 66-28-514. A landlord may not increase rent, decrease services, or file or threaten to file for eviction within one year after a tenant has complained to a governmental agency about code violations, complained to the landlord about conditions requiring repair, or exercised any right or remedy under the Act. Retaliatory actions entitle the tenant to recover actual damages, attorney fees, and up to one month's rent.
Tennessee tenants also have the right to proper notice before eviction (14 days for most grounds), the right to be present at the move-out inspection (Tenn. Code § 66-28-301(d)), the right to receive the security deposit within 30 days with an itemized statement, and protection from illegal lockouts and utility shutoffs. Tenants who are domestic violence victims have additional rights under Tenn. Code § 66-28-517, including early lease termination with proper documentation.
When a tenant fails to pay rent or violates the lease, the landlord must provide a 14-day written notice under Tenn. Code § 66-28-505. The notice must specify the breach and state that the rental agreement will terminate if the breach is not remedied within 14 days. For nonpayment, the tenant can cure by paying all rent due within the 14-day period. If the same breach recurs within 6 months, the landlord may terminate with a 14-day notice that cannot be cured.
For material breaches that affect health and safety and cannot be adequately remedied, the landlord may deliver a written notice specifying the breach and that the rental agreement will terminate in 14 days. Under Tenn. Code § 66-28-507, if the tenant commits or permits waste, or if the tenant's conduct creates an imminent or actual threat of bodily harm, the landlord may file for immediate eviction without the standard notice period.
Tennessee prohibits self-help evictions. Under Tenn. Code § 66-28-512, a landlord may not willfully diminish services, change locks, interrupt utilities, or remove a tenant's property as a means of eviction. A landlord who engages in self-help may be liable for actual damages, and the tenant may recover possession of the premises. All evictions must proceed through General Sessions Court with proper notice and a court hearing.
Under Tenn. Code § 66-28-201(d), the late fee cannot exceed 10% of the amount of rent past due. The fee cannot be charged until rent is at least 5 days late (or 3 days if rent is due on a date other than the first of the month).
Landlords must disclose the name and address of the property manager and the owner or authorized agent for service of process (Tenn. Code § 66-28-302). Lead-based paint disclosures are required for pre-1978 properties under federal law.
Yes. Either party may terminate a month-to-month tenancy by giving at least 30 days' written notice before the end of the monthly period. No reason needs to be stated, as long as the termination is not retaliatory or discriminatory.
Tennessee allows but does not require a move-out inspection. Under Tenn. Code § 66-28-301(d), the tenant has the right to be present at the inspection if the landlord chooses to conduct one. This can help prevent disputes over security deposit deductions.
Knox-powered portfolio management keeps your leases, documents, and financials organized in one place.