At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | No statutory limit | Landlord may charge any amount |
| Rent control? | No (preemption law) | State law prohibits local rent control ordinances |
| Required notice to raise rent? | 30 days | For month-to-month tenancies |
| Lease required in writing? | No | Oral leases are enforceable, but written leases are recommended |
| Landlord entry notice? | No statute | Reasonable notice implied; no specific timeframe required |
Security Deposits
Tennessee does not impose a statutory limit on the amount a landlord may charge as a security deposit. Landlords are free to set the deposit amount, though most charge one to two months' rent as a standard practice.
Landlords must return the deposit within 30 days if no deductions are made, or within 60 days if deductions are taken. Any deductions must be accompanied by an itemized list of damages and the costs incurred. The landlord must mail the deposit or itemized statement to the tenant's last known address or forwarding address.
If the tenant fails to provide a forwarding address, the landlord is not obligated to return the deposit until one is provided. The tenant has the right to inspect the property to identify damages before move-out.
Eviction Procedures
Tennessee requires landlords to follow the legal eviction process. Self-help evictions such as changing locks, removing doors, or shutting off utilities are prohibited.
Notice Requirements
- 14-Day Notice (Nonpayment): Landlords must give tenants a 14-day notice to pay rent or vacate. Tennessee law also provides a 5-day grace period before a landlord may charge late fees
- 14-Day Notice (Lease Violation): Landlords must provide 14 days' notice for material noncompliance with the lease, allowing the tenant time to cure the violation
- 30-Day Notice (No Cause): For month-to-month tenancies, either party may terminate with 30 days' written notice
If the tenant does not comply or vacate within the notice period, the landlord may file an eviction lawsuit (detainer action) in General Sessions Court.
Rent Control
Tennessee does not have any form of statewide rent control. Furthermore, state law preempts local governments from enacting rent control ordinances, meaning no city or county in Tennessee may impose limits on the amount of rent a landlord may charge or the frequency of rent increases.
Landlords may raise rent by any amount with proper notice (typically 30 days for month-to-month tenancies). Rent increases during a fixed-term lease are not permitted unless the lease specifically allows for them.
cite: Tenn. Code § 66-28-101 et seq.
Lease Agreements
Tennessee does not require leases to be in writing, though written leases are strongly recommended to avoid disputes. Oral agreements are enforceable for tenancies of one year or less under the Statute of Frauds.
Required Disclosures
Tennessee landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties, federal requirement)
- Owner/agent identification: Landlords must disclose the name and address of the property owner and any authorized agent
- Security deposit location: Landlords must disclose the location of the financial institution where the security deposit is held
- Known hazards: Any material defects or conditions that could affect the health or safety of the tenant
Tenant Rights
Tennessee provides the following protections for tenants under the Uniform Residential Landlord and Tenant Act:
- Habitability: Landlords must maintain rental units in a fit and habitable condition, including working plumbing, heating, electrical systems, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights, such as reporting code violations or joining a tenant organization
- Discrimination protection: Federal and state fair housing laws prohibit discrimination based on race, color, religion, sex, national origin, disability, and familial status
- Essential services: Landlords may not willfully diminish essential services such as heat, running water, or electricity
- Repair rights: Tenants may pursue remedies if the landlord fails to maintain the property in habitable condition, including termination of the lease in severe cases