Tennessee Residential Lease Agreement

Introduction

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.

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).