TN
Tennessee Landlord-Tenant Laws
Security Deposit Return Timeline
T.C.A. § 66-28-301
⏰ Timeline
- 10 business days after termination
- Not specified by statute, but listing must be provided within 10 days
- Landlord must mail listing to tenant's last known address
✅ Key Requirements
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- Landlord must inspect premises within 10 business days of termination
- Landlord must compile comprehensive listing of damages with estimated repair costs
- Tenant has right to inspect premises after landlord's inspection
- Both parties should sign the listing (signatures are conclusive evidence)
- If tenant refuses to sign, tenant must prepare list of disputed items
- +2 more requirements
Security Deposit Holding Requirements
T.C.A. § 66-28-301(a)
⏰ Timeline
Prior to occupancy
✅ Key Requirements
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- Deposits must be in separate account used only for security deposits
- Account must be in bank or lending institution regulated by Tennessee or US government
- Prospective tenants must be informed of account location
- Account location notice required but account number not required
- Applies to all residential landlords requiring security deposits
Permitted Security Deposit Deductions
T.C.A. § 66-28-301(e)
⏰ Timeline
After tenant vacates with unpaid amounts
✅ Key Requirements
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- Landlord may deduct for unpaid rent
- Landlord may deduct for other amounts due per rental agreement
- Landlord may deduct for damages beyond normal wear and tear
- Deductions must be itemized in damage listing
- Landlord must provide estimated cost of repairs
- +2 more requirements
Eviction Notice for Nonpayment of Rent
T.C.A. § 66-28-505(b)
⏰ Timeline
- 5 days (per § 66-28-201(d))
- Waivable in written lease agreement
- Landlord may file detainer warrant immediately if notice waived in lease
✅ Key Requirements
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- Tennessee allows waiver of notice for nonpayment in written rental agreement
- Tenant entitled to 5-day grace period before late fee can be charged
- Late fee cannot exceed 10% of rent amount
- If last day of grace period falls on Saturday, Sunday, or legal holiday, no fee until next business day
- Even with waiver, landlord cannot reduce the 5-day grace period
- +2 more requirements
Eviction Notice for Lease Violations
T.C.A. § 66-28-505(a)
⏰ Timeline
- 30 days
- 14 days to remedy breach
- 14 days notice (no cure) if substantially similar breach within 6 months
✅ Key Requirements
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- Landlord must deliver written notice specifying the breach
- Notice must state rental agreement will terminate in 30 days
- If breach not remedied in 14 days, rental agreement terminates as provided in notice
- If breach is remediable by repairs, payment, or otherwise, tenant must adequately remedy
- If substantially same breach occurs within 6 months, landlord may terminate with 14 days notice
- +2 more requirements
Month-to-Month Tenancy Termination
T.C.A. § 66-28-512
⏰ Timeline
- 30 days written notice
- 10 days written notice
✅ Key Requirements
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- Week-to-week tenancy requires 10 days written notice
- Month-to-month tenancy requires 30 days written notice
- Notice must be given at least specified days prior to termination date
- If tenant remains after proper notice, landlord may bring action for possession
- Action for possession allowed if holdover is willful and not in good faith
- +1 more requirements
Landlord Maintenance and Repair Duties
T.C.A. § 66-28-506
⏰ Timeline
14 days after written notice (or promptly in emergency)
✅ Key Requirements
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- Tenant must maintain dwelling unit in accordance with § 66-28-401
- Landlord may enter and repair if tenant fails to maintain after 14 days notice
- Applies to noncompliance materially affecting health and safety
- Work must be done in workmanlike manner
- Landlord may charge actual and reasonable cost as rent
- +2 more requirements
Tenant Maintenance Obligations
T.C.A. § 66-28-401
⏰ Timeline
Ongoing obligation during tenancy
✅ Key Requirements
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- Tenant must maintain dwelling in clean and safe condition
- Tenant must comply with health and safety codes
- Tenant must dispose of waste properly
- Tenant must use facilities and appliances properly
- Tenant must not damage or remove fixtures
- +2 more requirements
Landlord Right to Enter Rental Unit
T.C.A. § 66-28-403
⏰ Timeline
Tennessee statute does not specify advance notice requirement
✅ Key Requirements
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- Tenant may not unreasonably withhold consent to entry
- Landlord may enter to inspect premises
- Landlord may enter to make repairs, decorations, alterations, or improvements
- Landlord may enter to supply necessary or agreed services
- Landlord may enter to show unit to prospective purchasers, tenants, or contractors
- +5 more requirements
Prohibited Landlord Actions (Self-Help Eviction)
T.C.A. § 66-28-511
⏰ Timeline
Never permitted (except in abandonment, surrender, or as permitted by law)
✅ Key Requirements
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- Landlord must obtain possession through lawful means only
- Landlord cannot use self-help eviction methods
- Landlord cannot willfully diminish services to tenant
- Landlord cannot interrupt or cause interruption of electric, gas, water, or other essential services
- Only exceptions: abandonment, surrender, or as permitted in chapter
- +1 more requirements
Late Fees and Authorized Charges
T.C.A. § 66-28-201(d) and (e)
⏰ Timeline
- 5 days from due date
- If day 5 falls on weekend/holiday, due next business day
- May be charged after grace period expires
✅ Key Requirements
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- 5-day grace period required before late fee can be charged
- Late fee cannot exceed 10% of amount of rent past due
- If grace period ends on Saturday, Sunday, or legal holiday, no fee until next business day
- For public housing tenants: late fee cannot exceed $5.00 per month
- Public housing limit applies to counties with population 250,000-300,000 (per 1980 census)
- +2 more requirements
Abandonment of Rental Property
T.C.A. § 66-28-405
⏰ Timeline
- 30 days absence without payment = presumed abandonment
- 15 days nonpayment + other indicators
- Landlord must post and mail notice after 15 days nonpayment
- 10 days after posting/mailing notice
- 30 days after reentry to dispose of property
✅ Key Requirements
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- Extended absence of 30+ days without paying rent = prima facie abandonment
- Landlord may reenter and take possession after 30 day absence
- For 15 day nonpayment: landlord must post notice at premises and mail to tenant
- Notice must state: (a) belief in abandonment, (b) intention to reenter in 10 days, (c) intent to rerent if not contacted, (d) disposal of property in 30 days, (e) landlord phone/address
- If tenant doesn't contact landlord within 10 days, landlord may reenter
- +3 more requirements
Prohibited Lease Provisions
T.C.A. § 66-28-203
⏰ Timeline
Prohibited at all times during tenancy
✅ Key Requirements
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- Rental agreement cannot allow confession of judgment on claims from rental agreement
- Rental agreement cannot limit landlord's liability to tenant arising under law
- Rental agreement cannot require tenant to indemnify landlord for liability or costs
- Prohibited provisions are unenforceable even if included in lease
- If landlord willfully provides lease with prohibited provisions, tenant may recover actual damages
- +2 more requirements