Tennessee Landlord Tenant Law: Everything You Need to Know
As a tenant or a landlord, it is important to understand the laws governing your relationship. In Tennessee, there are laws that protect the rights of both tenants and landlords.
The Tennessee Uniform Residential Landlord and Tenant Act (URLTA) regulate the relationship between landlords and tenants and covers various topics, including rental agreements, security deposits, rent increases, and eviction procedures.
This article will provide an overview of the Tennessee Landlord Tenant Law, and touch upon some recent changes that have been made, as well as the ways in which they affect tenants and landlords in the state.
Tennessee Rental Agreements
When it comes to rental agreements, the Tennessee Landlord Tenant Law offers a great deal of flexibility for both tenants and landlords. For example, verbal rental agreements are legal in Tennessee. But it is always advisable to have written agreements. In fact, a written agreement can be considered binding even if it was not signed by both parties. However, written rental agreements are generally still recommended for the sake of record-keeping.
Reasonable Accommodations for Persons with Disabilities
Under the Fair Housing Act (FHA), landlords are required to make reasonable accommodations for tenants who have disabilities. A disability is defined as any physical or mental impairment that substantially limits one or more major life activities. Examples of reasonable accommodations include installing grab bars, providing a service animal or making an exception to a no-pet policy for a tenant with a disability, or changing things like locks to accommodate tenants with mobility issues.
It is illegal for landlords to discriminate against tenants by refusing to make reasonable accommodations for tenants with disabilities. In fact, in the State of Tennessee, landlords are also required to provide tenants with disability-related accommodations as per the Tennessee Human Rights Act.
Security Deposits in Tennessee
Tennessee has laws that govern security deposits. A security deposit is an amount paid by a tenant at the start of a lease term as an assurance of payment for damages to the property. In Tennessee, landlords cannot demand more than two months’ rent as a security deposit. The landlord must also provide the tenant with a receipt for the deposit which should include information about the amount of deposit received and the name of the bank where the deposit was deposited. The tenant should also receive a written statement of deposit deductions at the end of the lease. If a tenant moves out without completing the lease term or moves out early, the landlord has up to 30 days to return the deposit and any deductions that were made.
Rent Increases in Tennessee
Under Tennessee Landlord Tenant Law, landlords can increase rent at any time, provided they give written notice of at least 30 days to the tenants. If a tenant continues to rent the property after the rental period expires without signing a new lease agreement, then the contract is considered renewed under the terms of the prior lease. In the case of fixed-term leases, the landlord cannot increase rent during the fixed term. However, if the tenant remains in the rental unit after the term ends, the landlord is free to increase the rent.
Tennessee Eviction Law
In the State of Tennessee, landlords have the right to evict tenants who violate lease terms or for other reasons that may be covered under state law. However, landlords cannot take matters into their own hands by changing locks or shutting off utilities to force a tenant to leave.
The process of eviction in Tennessee includes a notice period of at least 14 days after a written notice has been given to the tenant to vacate the property. If the tenant does not leave after the notice period, the landlord can file a complaint at the local courthouse. The tenant then has 30 days to respond to the complaint or file an answer to the allegations made by the landlord.
If the tenant does not respond, the landlord can move for a default judgment and obtain a court order of eviction. However, if the tenant responds, the landlord will have to appear in court to present evidence that supports the eviction case. If the landlord wins the case, the tenant has 10 days to vacate the property before the eviction order can be enforced.
Recent Changes to the Tennessee Landlord Tenant Law
In 2019, there were a few important changes made to the Tennessee Landlord Tenant Law. One key change was the increase in the notice time for non-payment of rent from 14 days to 30 days. This extension gives a tenant more time to make good on their debts before the eviction process begins.
Another significant change to the law is the requirement of landlords to provide smoke detectors in rental properties. This requirement now includes the provision that landlords check and replace batteries in smoke detectors as needed. Landlords are also responsible for ensuring that tenants are provided with information on smoke detector functionality and maintenance requirements.
Conclusion
As a tenant or landlord in Tennessee, it is important to understand the laws governing rental agreements, security deposits, rent increases, and eviction procedures. Familiarize yourself with the Tennessee Uniform Residential Landlord and Tenant Act (URLTA), and understand your rights and obligations under the law.
Additionally, in order to ensure a more positive rental experience for both parties, landlords should consider implementing reasonable accommodations for tenants with disabilities, ensuring smoke detectors are functioning and maintained properly, and providing written rental agreements to tenants. By following these guidelines and keeping up with any changes in the law, renters and landlords can have a harmonious relationship that is beneficial to both parties
Most TN landlord tenant law obligations will be found in the Tennessee Landlord and Tenant Act which will establish guidelines for agreements between landlords and tenants as well as determined the obligations of both in a rental agreement.
There are some counties in Tennessee that are also exempt from this act, so you will need to follow up with the county government for more information on the local Tennessee landlord tenant law.
Do not expect the TN landlord tenant law to vary much in these areas but either consulting with an attorney or directly with the government can help to determine the nature of landlord tenant obligations in your area.
Prior To Signing A Lease Under Tennessee Landlord Tenant Laws
Federal and Tennessee landlord tenant law provide a number of protections against housing discrimination and if a tenant is refused to rent a property due to race, national origin, gender or religion, then they will have prosecution or penalties from the State Attorney General, local prosecutor or even federal authority, depending on the severity and nature of the discrimination. There is also an option for civil litigation in the event of such a breach of Tennessee landlord tenant law.
It is the obligation for the tenant to understand the reasonable terms of lease before agreeing to adhere to it under TN landlord tenant law. The landlord may not insert any terms into the lease that removes certain rights mandated by Tennessee landlord tenant law as well as limits their liability in any civil and criminal matter. any of these terms in a lease will make the lease illegal and invalid. According to Tennessee landlord tenant law, the absence of a lease construes a monthly rental agreement, subject to the informal terms of the landlord, unless other arrangements are made for a written rental agreement on the unit.
Obligations Of The Tenant Under TN Landlord Tenant Law
The tenant is obligated to adhere to building and fire codes as well as keep the rental unit safe and clean. All garbage must be properly disposed of in receptacles provided by the landlord as an obligation under Tennessee landlord tenant laws. Damage, deliberate and otherwise is the responsibility of the tenant and deductions from a security deposit are allowed in order to fund repairs after a reasonable estimate has been made by the landlord.
Rights Of The Landlord Under TN Landlord Tenant Law
The landlord under Tennessee landlord tenant laws has a right to reasonable access to the unit as long as proper notice is given. The TN landlord tenant law prevents unfettered access to the unit, especially for the purposes of harassment. The landlord may enter immediately only in emergency situations when the tenant cannot be found. The right of access extends to inspection of property, repairs and showing the unit to prospective tenants if the lease is to expire.
Enforcement Of Tennessee Landlord Tenant Law
Violations of the Tennessee landlord tenant law is a civil matter that will be solved either through litigation or mediation. Criminal violations, such as physical harm and destruction or property though means such as arson, will be handled by local prosecution for the violation of Tennessee landlord tenant laws. Though an attorney will help you to file suit, there is a mediation service available through the Tennessee Dept of Consumer Affairs.
Arbitration is one way, under Tennessee landlord tenant laws, to settle a violation of a TN landlord tenant law agreement. In arbitration, an attorney or other expert in Tennessee landlord tenant laws will rule on the case in favor of either party. This decision is legal binding and forces both parties to surrender their right to seek further legal action under Tennessee landlord tenant laws.
