Tennessee Rent Increase Notice
In Tennessee the rule for a rent increase can turn on county population: the state landlord-tenant act, with its 30-day month-to-month notice, reaches only counties over 75,000. There is no rent cap. Attorney review available.
Introduction
Which rule governs a Tennessee rent increase can depend on the county's population. First the instrument: a rent increase notice is the written notice a Tennessee landlord gives a tenant to raise the rent on a residential tenancy, stating the new monthly rent and its start date. Tennessee has no statute that fixes a notice period for raising rent, so the lease sets the timing. Where a floor exists, it comes from the Uniform Residential Landlord and Tenant Act, which requires at least 30 days written notice to end a month-to-month tenancy (Tenn. Code Ann. Section 66-28-512); a landlord raising rent in a covered county gives at least that much. But the Act reaches only counties with a population above 75,000 under the 2010 federal census (Tenn. Code Ann. Section 66-28-102). In smaller counties the written lease and common law govern the notice instead, so the source of the 30-day figure turns on where the property sits. On the amount, Tennessee has no statewide rent cap, and no local government may enact or enforce an ordinance controlling the rent charged for private property (Tenn. Code Ann. Section 66-35-102), so no city ceiling can attach. Rent under a fixed-term lease is set for the term unless the lease allows a change; an increase reaches a month-to-month tenancy or a renewal. DocDraft builds the Tennessee notice from your entries, with attorney review available before you serve it.
0/5000
Key Things to Know
- 1
A rent increase notice is the written notice a Tennessee landlord gives a tenant to raise the rent on a residential tenancy, stating the new monthly rent and its start date.
- 2
Tennessee has no statute fixing an advance-notice period for raising rent, so the lease or rental agreement sets the timing.
- 3
In counties covered by the Uniform Residential Landlord and Tenant Act, ending a month-to-month tenancy takes at least 30 days written notice (Tenn. Code Ann. Section 66-28-512), the practical floor for a rent change there.
- 4
That Act reaches only counties with a population above 75,000 under the 2010 census (Tenn. Code Ann. Section 66-28-102); smaller counties follow the lease and common law.
- 5
Tennessee has no statewide rent cap, so the landlord sets the new amount under the lease.
- 6
No Tennessee local government may enact or enforce an ordinance controlling the rent charged for private property (Tenn. Code Ann. Section 66-35-102), so there is no local cap.
- 7
Rent under a fixed-term lease is set for the term unless the lease allows a change; an increase reaches a month-to-month tenancy or a renewal.
Key decisions before you file
Before you file a Rent Increase Notice in Tennessee, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
Open the Rent Increase Notice guideCustomize your Rent Increase Notice Template with DocDraft
Tennessee Requirements for Rent Increase Notice
No Statutory Rent-Increase Notice Period
Tennessee has no statute that sets a specific advance-notice period to raise the rent, so the timing of a rent increase follows the lease or rental agreement. If the lease requires a notice period for a rent change, the landlord must give at least that much before the new rent applies.
30 Days to End a Month-to-Month
In a county covered by the Uniform Residential Landlord and Tenant Act, ending a month-to-month tenancy takes a written notice given at least 30 days prior to the periodic rental date (Tenn. Code Ann. Section 66-28-512). A landlord raising the rent on a month-to-month tenant there should give at least 30 days, so that is the practical minimum.
Act Applies Only in Larger Counties
The Uniform Residential Landlord and Tenant Act applies only in Tennessee counties with a population of more than 75,000 according to the 2010 federal census (Tenn. Code Ann. Section 66-28-102). In those counties the 30-day month-to-month notice rule applies; in smaller counties the written lease and common law govern the notice.
No Statewide Rent Cap
Tennessee has no statewide rent cap and no statewide rent control. The landlord may set the new amount, subject to the lease. There is no percentage limit on a Tennessee rent increase.
No Mid-Lease Increase on a Fixed Term
Rent set by a fixed-term lease cannot be raised during the term unless the lease specifically allows it, because the rent is a fixed term of the contract. A rent change reaches a month-to-month tenancy or takes effect when a fixed-term lease renews.
Local Rent Control Is Preempted
No Tennessee local governmental unit may enact, maintain, or enforce an ordinance or resolution that would control the amount of rent charged for private residential or commercial property (Tenn. Code Ann. Section 66-35-102). Because local rent control is preempted, no Tennessee city imposes a rent cap.
Written Notice and Delivery
The landlord should give the rent increase notice to the tenant in writing and follow any notice method the lease requires. In a covered county, a notice ending a month-to-month tenancy must be written and given at least 30 days prior to the periodic rental date (Tenn. Code Ann. Section 66-28-512). Tennessee does not add extra mailing days by statute.
Effective Date and Short Notice
A rent increase that does not give the notice the lease requires, or in a covered county at least the 30 days Section 66-28-512 sets for a month-to-month tenancy, does not take effect on the stated date; the prior rent continues until a proper notice period runs. On a fixed-term lease, the rent cannot change before the term ends unless the lease allows it.