Landlord Guide to Renting in Tennessee

Tennessee permits both written and oral lease agreements. However, any lease with a term of more than three years must be in writing under the Tennessee Statute of Frauds (Tenn. Code Ann. § 29-2-101). Written leases should clearly identify the parties, the premises, the rent amount and due date, the lease term, and any rules or policies.

• Written and oral leases are allowed; leases over three years must be in writing
• Month-to-month tenancies arise when no fixed term is specified or when a lease expires without renewal
• Landlords must provide a copy of the signed lease to the tenant
• All lease terms must comply with the Uniform Residential Landlord and Tenant Act

Tennessee does not impose a statutory maximum on security deposit amounts. Landlords may collect whatever amount they consider appropriate, though the deposit must be held in a separate account at a Tennessee banking institution. Landlords with 25 or more rental units must comply with additional requirements (Tenn. Code Ann. § 66-28-301).

• No statutory maximum on security deposit amounts
• Deposits must be held in a separate account at a banking institution in Tennessee (§ 66-28-301)
• Landlords are not required to pay interest on security deposits
• The location of the deposit-holding institution must be disclosed to the tenant

Tennessee landlords must provide several disclosures at or before the start of a tenancy. Failure to comply with disclosure requirements can expose landlords to liability.

• Name and address of the landlord or authorized agent (§ 66-28-302)
• Name and address of the bank where the security deposit is held (§ 66-28-301)
• Lead-based paint disclosure for pre-1978 properties (federal requirement, 42 U.S.C. § 4852d)
• Any known flooding or other material defects affecting habitability

Rent is due on the date specified in the lease agreement. Tennessee provides a mandatory five-day grace period for rent payments — landlords cannot charge a late fee until the rent is more than five days past due (Tenn. Code Ann. § 66-28-201(d)).

• Mandatory 5-day grace period before late fees can be assessed (§ 66-28-201(d))
• Late fees must be specified in the lease agreement
• There is no statutory cap on late fee amounts, but fees must be reasonable
• Landlords may charge a returned check fee as provided in the lease

Under Tenn. Code Ann. § 66-28-304, landlords must maintain the rental premises in a fit and habitable condition. This includes compliance with building and housing codes, keeping common areas safe, and maintaining essential building systems.

• Comply with applicable building and housing codes affecting health and safety (§ 66-28-304)
• Keep all common areas in a clean and safe condition
• Maintain plumbing, electrical, heating, air conditioning, and ventilation systems
• Provide running water, reasonable hot water, and adequate heat

Tennessee requires landlords to provide at least 24 hours' notice before entering a rental unit, except in cases of emergency. Entry is permitted for repairs, inspections, maintenance, and showing the property (Tenn. Code Ann. § 66-28-403).

• Minimum 24 hours' notice required for non-emergency entry (§ 66-28-403)
• Entry must be at reasonable times
• No notice required for emergencies
• Tenant may not unreasonably withhold consent to lawful entry

Tennessee does not have rent control and places no statutory limit on the amount or frequency of rent increases. For month-to-month tenancies, the landlord must provide at least 30 days' written notice before a rent increase takes effect. During a fixed-term lease, rent cannot be raised unless the lease contains an escalation clause.

• No rent control — landlords may set rent at any amount
• 30 days' written notice required for month-to-month rent increases
• Rent cannot be increased during a fixed-term lease unless the lease allows it
• Rent increases must not be retaliatory (§ 66-28-514)

The notice required to terminate a tenancy in Tennessee depends on the type of rental agreement. Fixed-term leases end automatically at the expiration of the lease term unless otherwise stated.

• Month-to-month tenancy: 30 days' written notice (§ 66-28-512)
• Week-to-week tenancy: 10 days' written notice
• Fixed-term lease: no notice required — ends at lease expiration
• Nonpayment of rent: 14 days' written notice to pay or vacate (§ 66-28-505)

Tennessee evictions are conducted through a detainer action filed in General Sessions Court. The landlord must first provide the required written notice. For nonpayment of rent, the tenant receives 14 days' notice to pay or vacate. For material lease violations, the tenant has 14 days to cure the breach (Tenn. Code Ann. § 66-28-505).

• Serve the appropriate written notice (14 days for nonpayment or lease violations)
• File a detainer warrant in General Sessions Court if the tenant does not comply
• The court hearing is typically scheduled within 6 days of filing
• If the court rules for the landlord, a writ of possession is issued

Under Tenn. Code Ann. § 66-28-301, landlords must return the security deposit within 30 days after the tenant vacates. If the landlord withholds any portion, an itemized list of damages and charges must be sent to the tenant's last known address. No deduction may be made for normal wear and tear.

• Return deadline: 30 days after the tenant vacates (§ 66-28-301)
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, cleaning costs if the tenant left the unit unclean
• An itemized statement of deductions must accompany any withheld amount
• Failure to comply may result in the landlord being liable for the full deposit plus reasonable attorney fees