Tennessee Landlord-Tenant Law: What Property Owners Need to Know

Tennessee landlord-tenant law is governed primarily by the Uniform Residential Landlord and Tenant Act (URLTA), codified in Tennessee Code Annotated Title 66, Chapter 28. This is the framework that controls how rental property operates in the state: what you owe your tenants, what they owe you, and what happens when either side fails to perform.

This is not a legal textbook. This is the practical version for property owners who need to know the rules that affect how they manage rental property.

Security deposits: TCA 66-28-301

Tennessee has specific requirements for how you handle security deposits, and getting any of them wrong means you forfeit your right to retain any portion of the deposit.

The deposit must go into a separate account used only for security deposits, at a bank or lending institution regulated by the state or federal government. You must disclose the location of that account to the tenant at the time the lease is signed. Not after. Not when they ask. At signing.

When the tenant moves out, you must provide an itemized list of damages and estimated repair costs. The tenant has the right to be present at the move-out inspection, and you must notify them of that right. If you fail to deposit the money in a separate account or fail to provide the damage listing, you lose the right to keep any of it. The full deposit goes back to the tenant regardless of actual damages.

The return timeline is 30 days after termination of the tenancy and delivery of possession. If the tenant owes unpaid rent or other amounts, you can apply the deposit to that debt, but you still need documentation.

Late fees: TCA 66-28-201(d)

Tennessee law establishes two hard rules on late fees. First, there is a mandatory 5-day grace period beginning on the day rent is due. If rent is due on the first, you cannot charge a late fee until the sixth. If the fifth day falls on a Sunday or legal holiday, the grace period extends to the next business day.

Second, the late fee cannot exceed 10% of the amount of rent past due. On a $1,200/month lease, the maximum late fee is $120. On a partial payment of $600, the maximum late fee is $60. You cannot charge a flat $200 late fee on a $1,200 lease. You cannot charge a late fee and a "processing fee" that together exceed 10%. The 10% cap applies to the total of all charges related to late payment, however you label them.

Eviction for nonpayment: TCA 66-28-505

The eviction process for nonpayment of rent follows a specific sequence. Skip a step and the case gets dismissed.

Step 1: 14-day written notice. After the grace period expires and rent remains unpaid, you serve a written notice giving the tenant 14 days to pay the full amount due or vacate. The notice must be in writing. Verbal warnings do not count. If the tenant pays within 14 days, the tenancy continues.

Step 2: Detainer warrant. If 14 days pass and the tenant has not paid or vacated, you file a detainer warrant in General Sessions Court. This is the formal legal proceeding. You do not change locks, remove belongings, or shut off utilities. Any of those actions is an illegal eviction and exposes you to liability.

Step 3: Court hearing. The warrant must be served at least 6 days before the hearing date (TCA 29-18-115). At the hearing, you present your evidence: the lease, the payment history, the 14-day notice, and proof of service. If the judge rules in your favor, the tenant receives a court order to vacate.

Step 4: Writ of possession. If the tenant does not vacate after the court order, you request a writ of possession. The sheriff executes the writ. Only then can you lawfully regain possession of the property.

One additional rule: if a tenant fails to pay rent a second time within six months of the first notice, you can serve a 7-day notice with no opportunity to cure (TCA 66-28-505(a)(2)(B)). The repeat nonpayment provision exists because the first notice already gave the tenant a chance.

Landlord obligations: TCA 66-28-304

Tennessee requires landlords to maintain the property in a fit and habitable condition. The statute is specific. You must comply with all building and housing codes that materially affect health and safety. You must make all repairs necessary to keep the premises habitable. In multi-unit buildings of four or more units, you must maintain common areas and provide waste removal.

When a tenant reports a needed repair, you have 14 days to address it after receiving written notice. If you do not make the repair within that window, the tenant can pursue remedies including termination of the lease or a court order for compliance. Tennessee does not allow tenants to withhold rent or use the "repair and deduct" approach that some other states permit.

The practical takeaway: respond to maintenance requests promptly and in writing. A documented response within 48 hours protects you legally even if the actual repair takes longer to schedule.

Landlord access: TCA 66-28-403

Tennessee does not require a blanket 24-hour notice for landlord entry the way some states do. The tenant cannot unreasonably withhold consent for the landlord to enter for inspections, repairs, agreed services, or showing the property to prospective buyers or contractors.

The one specific notice requirement: during the final 30 days of a lease, if you want to show the unit to prospective tenants, you must give 24 hours notice, and that right must be stated in the lease. For emergencies, no notice is required.

Best practice regardless of the statute: always give written notice before entering. Document it. Even though the law does not require 24 hours in most situations, entering without any communication is the fastest way to create a dispute that escalates into a legal complaint.

Tenant obligations: TCA 66-28-401

Tenants have their own statutory obligations. They must keep the premises clean and safe, dispose of waste properly, use plumbing, electrical, and other facilities in a reasonable manner, and not deliberately or negligently destroy or damage the property. They must comply with building and housing codes that apply to tenants, and they must not disturb the peaceful enjoyment of other tenants.

When a tenant violates any of these obligations (other than nonpayment of rent), the landlord must provide a 14-day written notice specifying the violation and allowing time to cure. If the same violation occurs again within six months, the landlord can give a 14-day notice of termination with no opportunity to cure (TCA 66-28-504).

Fair housing: federal and state protections

The federal Fair Housing Act protects seven classes: race, color, national origin, religion, sex, familial status, and disability. Tennessee extends protections through the Tennessee Human Rights Act, which adds creed as a protected class and explicitly covers age (40 and over) for certain purposes.

Fair housing applies to every stage of the rental process: advertising, screening, lease terms, maintenance response, and lease enforcement. Disparate impact matters, not just discriminatory intent. If your screening criteria disproportionately exclude a protected class and you cannot demonstrate a legitimate business necessity for those criteria, you are exposed.

The most common fair housing violations in property management are inconsistent screening criteria, discriminatory language in advertising (even unintentional), and different maintenance response times between units. All of them are avoidable with documented, consistently applied policies.

What this means for property owners

Tennessee law is clear and specific. The landlords who get into trouble are not the ones who face unusual situations. They are the ones who handle routine situations incorrectly: commingling security deposits, charging excessive late fees, skipping the 14-day notice, or applying screening criteria inconsistently.

A professional property manager handles compliance as part of daily operations. If you self-manage, know these statutes or pay for the mistakes. The cost of getting it wrong is always higher than the cost of getting it right.