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Tennessee Residential Lease Agreement

Tennessee sets no statutory deposit cap, but landlords must hold it in a separate account. Create a free Tennessee lease agreement. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms under which the tenant rents the landlord's residential property, including the rent, the term, the security deposit, each party's responsibilities, and how the tenancy ends. In Tennessee, landlord-tenant rules mainly come from the Tennessee Uniform Residential Landlord and Tenant Act (URLTA), Tenn. Code Ann. Title 66, Chapter 28, which applies only in counties with a population over 75,000 (the state's largest counties, including Davidson, Shelby, Knox, and Hamilton); smaller counties follow Tennessee's general landlord-tenant law and common law instead. Where URLTA applies, Tennessee sets no statutory dollar cap on a security deposit and no fixed number of days to return it, but the deposit must sit in a separate account used only for deposits, and if the tenant does not respond to a refund notice within 60 days the landlord may keep the balance. Landlords must disclose, in writing, the landlord or managing agent's name and address, a maintenance contact, and that the landlord carries no insurance on the tenant's belongings. A landlord generally may not enter without the tenant's consent except in an emergency, and needs 24 hours' written notice only to show the unit to a prospective tenant in the lease's final 30 days. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A residential lease agreement is the contract that sets the rent, term, deposit, and rules for a Tennessee rental, and spells out how either side can end the tenancy.

  2. 2

    Tennessee sets no statutory dollar cap on a security deposit and no fixed number of days to return it. The deposit must be held in a separate account used only for deposits, and if the tenant does not respond to the landlord's refund notice within 60 days, the landlord may keep it.

  3. 3

    Required written disclosures include the landlord or managing agent's name and address, a maintenance contact, a notice that the landlord carries no insurance on the tenant's property, where the deposit account is held, and the federal lead-based paint disclosure for housing built before 1978.

  4. 4

    There is no general advance-notice statute for routine entry under Tennessee law as reported; a landlord may enter in an emergency without notice. Written notice of 24 hours is required only to show the unit to a prospective tenant during the lease's final 30 days, and only if the lease allows that access.

  5. 5

    A late fee cannot exceed 10% of the rent past due, and a landlord cannot charge one until a 5-day grace period after the due date has passed.

  6. 6

    Either side ends a month-to-month tenancy with at least 30 days' written notice (10 days for a week-to-week tenancy). There is no dedicated rent-increase-notice statute, but the reported practice for an at-will month-to-month tenancy is that a rent change follows the same 30-day notice.

  7. 7

    Tennessee has no statewide rent control, and state law bars local governments from enacting their own rent-control ordinances.

Key decisions before you file

Before you file a Residential Lease Agreement in Tennessee, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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TENNESSEE RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Lease Agreement is made between [LANDLORD NAME] ('Landlord', also called the lessor) and [TENANT NAME(S)] ('Tenant', also called the lessee) for the residential property at [FULL RENTAL ADDRESS], Tennessee ('the Premises').

  2. TERM This Lease begins on [START DATE] and is either (a) a fixed term ending on [END DATE], or (b) a month-to-month tenancy starting on [START DATE] and continuing until either party gives written notice as described in Section 8.

  3. RENT Tenant shall pay $[AMOUNT] rent, due on the [DAY] of each month. Tennessee law gives a 5-day grace period from the due date before any late fee applies, and caps a late fee at 10% of the rent past due (Tenn. Code Ann. Section 66-28-201).

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT]. Tennessee sets no statutory dollar cap on the deposit and no fixed number of days to return it. Landlord shall hold the deposit in a separate account used only for tenant security deposits and shall tell Tenant, at signing, where that account is located (Tenn. Code Ann. Section 66-28-301). After move-out, Landlord shall send a refund notice to Tenant's last known address; if Tenant does not respond within 60 days, Landlord may retain the deposit.

  5. DISCLOSURES Landlord discloses: (a) the name and address of the landlord or managing agent and a maintenance contact (Tenn. Code Ann. Section 66-28-302); (b) that Landlord carries no fire or casualty insurance on Tenant's personal property (Tenn. Code Ann. Section 66-28-201); (c) the location of the deposit account above; and (d) if the Premises were built before 1978, the federal lead-based paint disclosure and pamphlet (42 U.S.C. Section 4852d).

  6. ENTRY Landlord may enter the Premises in an emergency without notice. Landlord may otherwise enter only with Tenant's consent, except that Landlord may show the Premises to a prospective tenant during the final 30 days of this Lease with at least 24 hours' written notice, if this right is exercised under this Section (Tenn. Code Ann. Section 66-28-403).

  7. MAINTENANCE AND USE Tenant shall keep the Premises clean and undamaged and use it only as a residence. Landlord shall keep the Premises fit for habitation and maintain common areas.

  8. TERMINATION Either party may end a month-to-month tenancy with at least 30 days' written notice before the next rental date (10 days for a week-to-week tenancy) (Tenn. Code Ann. Section 66-28-512). Tennessee has no dedicated rent-increase-notice statute; a rent change in an at-will month-to-month tenancy is generally tied to that same 30-day notice. Tennessee bars local rent control statewide (Tenn. Code Ann. Section 66-35-102).

SIGNATURES _____________________________ Date: [DATE] [LANDLORD NAME], Landlord

_____________________________ Date: [DATE] [TENANT NAME], Tenant

Note: This Lease is governed by the Tennessee Uniform Residential Landlord and Tenant Act (Tenn. Code Ann. Title 66, Chapter 28) in Tennessee's larger counties, and by Tennessee's general landlord-tenant law elsewhere. This is a Tennessee lease skeleton. For the complete, customizable national template, see the full Residential Lease Agreement template.

Tennessee Requirements for Residential Lease Agreement

Hold the Deposit in a Separate Account

A Tennessee landlord must deposit all tenant security deposits in an account used only for that purpose, at a bank or lending institution regulated by the state or federal government (Tenn. Code Ann. Section 66-28-301(a)). There is no statutory dollar cap on the deposit amount.

Disclose the Deposit Account Location at Signing

When the tenant signs the lease and submits the deposit, the landlord must tell the tenant where the deposit account is located, though not the account number itself (Tenn. Code Ann. Section 66-28-301(h)).

Disclose Landlord or Agent Name, Address, and Maintenance Contact

The landlord or the person signing the lease on the landlord's behalf must disclose in writing, at or before the tenancy begins, the name and address of the managing agent and the owner (or the person authorized to accept service of process and notices), plus a phone number, email, or portal for maintenance requests (Tenn. Code Ann. Section 66-28-302).

Disclose That the Landlord Carries No Insurance on Tenant Property

The landlord or the landlord's agent must advise the tenant in writing that the landlord is not responsible for, and will not provide, fire or casualty insurance covering the tenant's personal property (Tenn. Code Ann. Section 66-28-201(a)).

Limit Entry and Give 24 Hours Notice for End-of-Lease Showings

A Tennessee landlord has no general right of entry without the tenant's consent, apart from an emergency. The one advance-notice rule in the statute is 24 hours' written notice before showing the unit to a prospective tenant, and only during the final 30 days of the tenancy and only if the lease allows that access (Tenn. Code Ann. Section 66-28-403(e)(5)).

Cap Late Fees at 10% With a 5-Day Grace Period

A late fee for unpaid rent cannot exceed 10% of the rent past due, and no fee may be charged until 5 days after the due date have passed. If the fifth day falls on a Sunday or legal holiday, the tenant has until the next business day before a fee applies (Tenn. Code Ann. Section 66-28-201(d)).

Give 30 Days Notice to End or Change a Month-to-Month Tenancy

Either the landlord or the tenant may end a month-to-month tenancy with written notice at least 30 days before the next rental date (10 days for a week-to-week tenancy). Tennessee has no dedicated rent-increase-notice statute, but a rent change in an at-will month-to-month tenancy is reported to follow that same 30-day notice (Tenn. Code Ann. Section 66-28-512(b)).

No Local Rent Control Statewide

Tennessee has no statewide rent-control program, and state law prohibits a local government from enacting or enforcing any ordinance that would control the rent charged for residential or commercial property (Tenn. Code Ann. Section 66-35-102).

Frequently Asked Questions

A Tennessee lease should name the landlord and tenant, describe the rental address, and set the rent, due date, term, and security deposit terms. It should also carry the required written disclosures: the landlord or managing agent's name and address, a maintenance contact, a notice that the landlord carries no insurance on the tenant's belongings, where the deposit account is held, and the federal lead-based paint disclosure for pre-1978 housing.

Tennessee does not appear to set a statutory dollar cap on a security deposit. The landlord must hold it in a separate account used only for security deposits and tell the tenant, at signing, where that account is located. There is also no fixed number of days in the statute for returning it; instead the landlord sends a refund notice, and if the tenant does not respond within 60 days the landlord may keep the balance.

Yes. A free template generates a customizable Tennessee residential lease agreement at no cost, built around the state's disclosure, late-fee, and notice rules. Attorney review is available afterward as an optional add-on if you want a licensed attorney to look it over.

No. A Tennessee residential lease is a private contract between landlord and tenant and does not need notarization or witnesses to be valid. Both parties simply sign the agreement, and each should keep a signed copy for their records.

Tennessee law, as reported, does not set a general advance-notice period for routine entry, and a landlord may enter without notice in an emergency. The one notice rule that does appear in the statute is 24 hours' written notice before showing the unit to a prospective tenant, and only during the lease's final 30 days and only if the lease allows that access.

A Tennessee landlord must disclose, in writing, the landlord or managing agent's name and address, a maintenance contact, a notice that the landlord will not insure the tenant's personal property, and where the security deposit account is held. Housing built before 1978 also requires the federal lead-based paint disclosure.

Either the landlord or the tenant can end a month-to-month tenancy with at least 30 days' written notice (10 days if rent is paid weekly). There is no dedicated statute for a rent-increase notice, but the reported practice ties a rent change in an at-will month-to-month tenancy to that same 30-day notice.

Yes, but they are capped. A Tennessee landlord cannot charge a late fee until 5 days after the rent's due date have passed, and the fee itself cannot exceed 10% of the rent that is past due.