Tennessee Roommate Agreement
The Tennessee rules that shape the document: the landlord-tenant act's county population threshold, no lodger law shortcut around formal eviction, no joint-liability or deposit-split default, and the Human Rights Act's shared-living exemption.
Find out where you stand in Tennessee
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Introduction
A roommate agreement is a private contract between co-tenants who share a home. It is not a lease, and it does not bind the landlord or change what the lease says. In Tennessee, a few state rules sit on top of the national template: Tennessee's Uniform Residential Landlord and Tenant Act (URLTA) applies only in counties with a population over 75,000 under the 2010 census, so its rules may not govern a roommate situation in a smaller county, though Tennessee's statewide laws cited on this page still apply; URLTA never defines co-tenant or roommate, and while it uses the word subtenant once, only inside the landlord's ground for terminating a tenant over an unauthorized occupant, it never defines that word either, leaving who counts as what, and who must consent to add someone, entirely to the lease and this agreement; Tennessee has no lodger statute, so removing an unwanted roommate always requires the landlord to act through a formal, court-supervised process, never self-help; and no Tennessee statute sets a default rule on joint-and-several rent liability or on splitting a security deposit among roommates, so this agreement is what actually governs those questions. Everything else, the rent split, chores, guests, and quiet hours, is covered by the national template.
Key Things to Know
- 1
Tennessee's landlord-tenant statute, the Uniform Residential Landlord and Tenant Act, does not apply statewide. Tenn. Code Ann. Section 66-28-102(a) limits it to counties with a population over 75,000 under the 2010 census. In smaller counties, roommate and landlord-tenant disputes fall back on general contract and common law, which this page's statutory citations do not reach.
- 2
Tennessee has no lodger law. No statute lets an owner-occupier, or anyone else, remove a co-occupant without going through the landlord's formal, court-supervised eviction process. Self-help removal, meaning a lockout, a changed lock, or removing someone's belongings, is not authorized by this agreement and is not lawful under Tennessee law.
- 3
Tennessee's landlord-tenant act defines only tenant. It never defines co-tenant or roommate, and it uses the word subtenant only once, undefined, inside the landlord's ground for terminating a tenant over an unauthorized occupant. Whether a person you bring into the home is a co-tenant or an unauthorized occupant, and who must consent to that, is left entirely to the lease and to this agreement, not to state statute.
- 4
This agreement is a contract between the roommates only. It does not bind the landlord, does not add anyone to the lease, and does not change any lease term. Only the landlord and the lease control who is legally allowed to occupy the unit.
- 5
No Tennessee statute sets a default rule on whether roommates are jointly and severally liable for rent. That is left to the lease and to this agreement, so state each roommate's payment share explicitly rather than assuming Tennessee law fills the gap.
- 6
No Tennessee statute addresses how roommates split a security deposit. Tenn. Code Ann. Section 66-28-301 is written entirely in landlord-to-tenant terms and never mentions multiple co-tenants or apportioning a shared deposit, so this agreement should set out each roommate's contribution and refund share.
- 7
Tennessee's Human Rights Act exempts the rental of one room or rooming unit by an individual, or a family member, who resides there, and separately exempts sex-based roommate selection where tenants would share a common bath or shower (Tenn. Code Ann. Section 4-21-602(a)(1) to (2)). Outside those two situations, ask a Tennessee attorney before selecting a roommate based on a protected characteristic.
Key decisions before you file
Before you file a Roommate Agreement in Tennessee, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.
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Tennessee Requirements for Roommate Agreement
Tennessee County Population Threshold for the Landlord-Tenant Act
Tennessee's Uniform Residential Landlord and Tenant Act applies only in counties with a population over 75,000 under the 2010 census (Tenn. Code Ann. Section 66-28-102(a)). Note this scope limit so roommates in smaller counties know the statutory citations may not apply to them.
Tennessee Occupancy Status Not Defined by Statute
Tennessee's landlord-tenant act defines only tenant and never defines co-tenant. It uses the word subtenant once, undefined, only in the landlord's ground for terminating a tenant over an unauthorized occupant. State that a roommate's status and any landlord consent needed are governed by the lease and this agreement, not implied by state law.
Tennessee Agreement Does Not Bind the Landlord
State plainly that the roommate agreement is a contract between the roommates only, does not modify the lease, and does not obligate the landlord, since Tennessee has no statute that would otherwise give it that effect.
Tennessee Removal Requires the Landlord's Formal Process, Not Self-Help
Tennessee has no lodger law. The closest statute, Tenn. Code Ann. Section 66-28-517(a)(4), lets only the landlord terminate the original tenant's lease on three days' notice for an unauthorized occupant, and Section 66-28-517(d) bars landlord self-help. State clearly that roommates may not remove one another directly.
Tennessee Has No Default Rule on Joint Rent Liability
No Tennessee statute sets a default rule on joint-and-several liability for rent among roommates. Draft the payment clause to state each roommate's share explicitly rather than relying on an assumed Tennessee default.
Tennessee Has No Statutory Deposit-Apportionment Rule
Tenn. Code Ann. Section 66-28-301 addresses the security deposit only between the landlord and the tenant, with no statutory division among roommates. The agreement should set out how a shared deposit is divided when a roommate moves out.
Tennessee Roommate Selection Exemption
Tennessee's Human Rights Act does not apply to renting one room or rooming unit where the owner or a family member resides, and separately does not apply, for sex specifically, where tenants would share a common bath or shower (Tenn. Code Ann. Section 4-21-602(a)(1) to (2)).