Tennessee Standard Residential Lease Agreement

Introduction

A Tennessee residential lease agreement is a legally binding contract between a landlord (lessor) and tenant (lessee) that establishes the terms and conditions of renting residential property. This document governs the entire landlord-tenant relationship, outlining the rights and responsibilities of both parties under Tennessee's Uniform Residential Landlord and Tenant Act (URLTA). ^[1]

The agreement typically specifies essential terms including the rental amount, payment due dates, security deposit requirements, lease duration, property rules, and procedures for termination. Tennessee law provides specific protections for both landlords and tenants, making it crucial that all parties understand their legal obligations before signing.

Required Disclosures

Tennessee law requires landlords to provide specific disclosures to tenants before or at the commencement of the tenancy:

1. Landlord/Agent Identification - The landlord must disclose in writing: (a) the name and address of the agent authorized to manage the premises, which may include a third-party management company; (b) an owner of the premises or person authorized to act on behalf of the owner for service of process and receipt of notices; and (c) a telephone number, email address, or online portal system for maintenance requests. ^[2]

2. Lead-Based Paint Disclosure - For properties built before 1978, federal law requires landlords to disclose known information about lead-based paint hazards, provide an EPA-approved pamphlet on lead poisoning prevention, and include specific warning language in the lease. ^[3]

3. Showings Disclosure - If the landlord intends to show the property to prospective tenants during the final thirty (30) days of the lease term, this right of access must be explicitly stated in the rental agreement. The landlord must also provide at least twenty-four (24) hours notice before entry. ^[4]

Security Deposit Laws

Maximum Amount: Tennessee does not impose a statutory limit on the amount a landlord may collect as a security deposit. However, the deposit must be held in a separate account designated solely for tenant security deposits at a bank or lending institution regulated by the state or federal government. ^[5]

Deposit Account Requirements: Landlords must notify tenants of the location of the security deposit account at the time of signing the lease. The account number does not need to be disclosed.

Inspection Rights: Tenants have the right to be present at a move-out inspection. Upon request by the landlord or within five (5) days of receiving notice of the tenant's intent to vacate, the landlord may provide notice of the tenant's right to be present at the inspection. The inspection must occur either on the day the tenant vacates or within four (4) calendar days thereafter.

Return Timeline: Tennessee has two important timelines for security deposits:

• 30-Day Rule: Landlords must discover and document any physical damage to the premises within 30 days after the tenant vacates (or 7 days after a new tenant takes possession, whichever is earlier).
• 60-Day Forfeiture Rule: If the tenant leaves without owing rent and a refund is due, the landlord must send notification of the refund amount. If the tenant does not respond within 60 days, the landlord may retain the deposit. ^[5]

Rent Payment Laws

Grace Period: Tennessee provides a mandatory five-day grace period before late fees can be charged. The day rent is due counts as day one of the grace period. If the fifth day falls on a Sunday or legal holiday, the tenant has until the next business day to pay without penalty. ^[6]

Maximum Late Fee: Any charge for late payment of rent cannot exceed ten percent (10%) of the amount of rent past due. This limit applies regardless of how the fee is described in the lease agreement. ^[6]

Payment Terms: Rent is payable without demand at the time and place agreed upon. Unless otherwise specified, rent is payable at the dwelling unit, and periodic rent for terms of one month or less is due at the beginning of the term.

NSF (Bounced Check) Fee: Tennessee law permits a service charge of up to $30 for checks returned due to insufficient funds. ^[7]

Landlord Obligations

Under Tennessee's Uniform Residential Landlord and Tenant Act, landlords have several key obligations: ^[8]

Habitability Standards: The landlord must: (1) comply with building and housing codes materially affecting health and safety; (2) make all repairs necessary to keep the premises fit and habitable; (3) keep common areas clean and safe; and (4) for multi-unit complexes of four or more units, provide receptacles for waste removal from common collection points. ^[9]

Essential Services: Landlords must maintain in good working order all electrical, plumbing, sanitary, heating, ventilation, and air conditioning systems, as well as elevators and other facilities and appliances supplied by the landlord.

Insurance Disclosure: The landlord or agent must advise in writing that the landlord is not responsible for, and will not provide, fire or casualty insurance for the tenant's personal property.

Tenant Obligations

Tenants under a Tennessee residential lease agreement are required to:

**1. **Comply with all obligations imposed on tenants by building and housing codes materially affecting health and safety

**2. **Keep the premises safe and clean

**3. **Dispose of all waste in a clean and safe manner

**4. **Keep plumbing fixtures as clean as their condition permits

**5. **Use all electrical, plumbing, sanitary, heating, ventilation, air conditioning, and other facilities and appliances in a reasonable manner

**6. **Not deliberately or negligently destroy, deface, damage, or remove any part of the premises

**7. **Conduct themselves and require others on the premises with their consent to conduct themselves in a manner that does not disturb neighbors' peaceful enjoyment

Landlord Access Rights

Tennessee law establishes specific rules for when and how a landlord may access the rental property: ^[4]

Permitted Access: A tenant shall not unreasonably withhold consent for the landlord to enter for inspections, necessary or agreed repairs, decorations, alterations, improvements, services, or to exhibit the premises to prospective purchasers, mortgagees, workers, or contractors.

Emergency Access: The landlord may enter without consent in case of emergency, defined as a sudden, generally unexpected occurrence demanding immediate action.

Utility Shutoff: If utilities have been turned off due to no fault of the landlord, the landlord may enter to inspect for damages and make necessary repairs.

Prohibited Conduct: The landlord shall not abuse the right of access or use it to harass the tenant.

Showings to Prospective Tenants: Access for showings is limited to the final 30 days of the lease term, must be stated in the rental agreement, and requires 24-hour advance notice.

Eviction Procedures

Tennessee law establishes specific procedures for eviction (unlawful detainer) actions: ^[10]

Nonpayment of Rent: The landlord must deliver a written 14-day notice stating the amount of unpaid rent required to remedy the breach and the date on which the lease will terminate if payment is not made. The tenant has 14 days to pay in full or vacate.

Other Lease Violations: For material noncompliance with the lease or URLTA that can be remedied, the landlord may deliver a written notice specifying the breach and allowing 14 days to cure. If the breach is not remediable (such as criminal activity), the landlord may give notice that the lease will terminate in 14 days without opportunity to cure.

Notice Waiver: Tennessee permits tenants to waive the notice requirement for nonpayment of rent, but only if the waiver is set forth in the rental agreement in twelve (12) point bold font or larger.

Detainer Warrant: If the tenant does not comply with the notice, the landlord must file a detainer warrant (summons and complaint) with the court. The warrant must be served by the sheriff or constable at least 6 days before the scheduled hearing if served by posting or mailing.

Lease Termination

Fixed-Term Lease: A lease for a fixed term (such as one year) ends automatically at the expiration of the term. No notice is required unless the lease specifies otherwise or the parties wish to renew.

Month-to-Month Tenancy: Either party may terminate a month-to-month tenancy by providing written notice at least 30 days before the end of the rental period.

Tenant Remedies for Landlord Breach: If the landlord fails to maintain the property in a habitable condition, the tenant may give written notice specifying the breach. If the landlord fails to remedy the breach within 14 days, the tenant may terminate the rental agreement.

Retaliation Protections

Tennessee law protects tenants from landlord retaliation. A landlord may not increase rent, decrease services, or threaten to bring or bring an eviction action against a tenant because the tenant has:

• Complained to a government agency about code violations
• Complained to the landlord about failures to maintain the premises
• Organized or become a member of a tenant's union or similar organization
• Exercised any right or remedy provided under the URLTA

Fair Housing Requirements

Both federal and Tennessee fair housing laws prohibit discrimination in housing. Landlords may not discriminate against tenants or applicants based on: ^[11]

• Race, color, or national origin
• Religion
• Sex (including sexual orientation and gender identity under recent interpretations)
• Familial status (presence of children under 18)
• Disability (physical or mental)