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Same State, Different Rules: Tennessee Landlord-Tenant Law by County

Thursday, July 9th, 2026

Understanding residential landlord-tenant law is essential for maintaining a legally compliant rental agreement and process for both landlords and tenants. Residential landlords and tenants are protected by both federal and state laws.

Disclaimers

This article only focuses on residential landlord-tenant law. Commercial landlord-tenant law differs, and this article should not be relied upon by commercial landlords and tenants seeking information about their rights and obligations.

Tennessee has adopted the Uniform Residential Landlord and Tenant Act (URLTA).1 However, URLTA does not apply in every county in Tennessee. Counties with a population of 75,000 or more are governed by URLTA, whereas counties with a population of fewer than 75,000 are governed by laws that are similar to URLTA but slightly different.

Tenant Rights

In both URLTA and non-URLTA counties, residential tenants are protected by several important legal doctrines, including the Fair Housing Act, the implied warranty of habitability, the covenant of quiet enjoyment, and the doctrine of constructive eviction.

Tenant Rights  – The Fair Housing Act

The Fair Housing Act of 1968 is a federal act that applies to all landlords. The Act prohibits discrimination in the sale, financing, rental, and advertising of housing.2 The Act makes it unlawful to refuse to rent or sell housing, set different terms or conditions, or otherwise make housing unavailable based on race, color, religion, sex, national origin, disability, or familial status.3 It also requires housing providers to make reasonable accommodations for individuals with disabilities and prohibits retaliatory conduct against those who exercise their fair housing rights.4

Tennessee specific fair housing laws and the Tennessee Human Rights Act also prohibit discrimination based on “creed.”5

Landlords are not prohibited from considering an applicant’s criminal history when selecting tenants. However, landlords must be careful to practice nondiscriminatory criminal investigation  into an applicant.

Landlords should ensure that all applicants are evaluated using consistent, objective criteria and that policies are applied uniformly.

Tenant Rights – Implied Warranty of Habitability

Landlords are required to maintain rental premises in a fit and habitable condition. In URLTA counties, this duty is specifically provided for in the Tennessee code. In non-URLTA counties, this duty is generally provided for among common law principles.

An unfit or uninhabitable condition is something that threatens the tenant’s health or safety.6 This duty generally obligates the landlord to make necessary repairs and keep essential features, such as plumbing, electricity, heat, water, and structural components, in safe working order.7 This will require a landlord to effectuate and bear the cost of necessary repairs for essential features. Classic examples of a breach of this warranty include flooding, nonfunctional plumbing, lack of heat during the winter, and rotting structural components. The landlord and tenant may agree in writing that the tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.8 Therefore, the landlord’s duty to provide essential features cannot be transferred to the tenant. The tenant can only be required to keep the premises in as clean and safe condition as when the tenant took possession.9

In URLTA counties, a tenant has a few options if a landlord fails to provide an essential feature.10 Option one is that the tenant can make the repair themselves and offset the cost of the repair against rent.11 Option two is that the tenant may recover damages from the landlord based upon the diminution in the fair rental value of the dwelling unit, provided the tenant continues to occupy the premises.12 Option three is that the tenant can obtain substitute housing during the period of the landlord’s noncompliance, refuse to pay rent until the repair is made, and recover the value of substitute housing from the landlord.13 This option treats the landlord’s noncompliance as a constructive eviction. The doctrine of constructive eviction is described below. With all options, the tenant must first notify the landlord and provide a reasonable opportunity to make repairs.14

In non-URLTA counties, tenants are not necessarily prescribed the same options. However, a landlord is still obligated to provide essential services and the failure to do so may amount to a constructive eviction affording the tenant the option to terminate the lease without penalty.

Tenant Rights – Constructive Eviction

Constructive eviction occurs when a landlord’s wrongful act or omission substantially interferes with the tenant’s use and enjoyment of the premises to such a degree that the property becomes unfit for occupancy, effectively forcing the tenant to vacate.15 To assert constructive eviction under Tennessee law, along with providing adequate notice and a reasonable opportunity to cure the defect, the tenant must vacate the property within a reasonable time from the landlord’s wrongful act.16

Tenant Rights – Covenant of Quiet Enjoyment

Related to, but separate from the implied warranty of habitability, is the covenant of quiet enjoyment. The covenant of quiet enjoyment does not literally mean that tenants are entitled to absolute quiet enjoyment of the premises. Rather, this covenant guarantees that the landlord may not substantially interfere with the tenant’s peaceful use of the premises.17 The difference between the implied warranty of habitability and the covenant of quiet enjoyment concerns the physical condition of the premises. The implied warranty of habitability promises that the premises are in a livable condition whereas the covenant of quiet enjoyment is broader and concerns the tenant’s peaceful possession of the premises. However, the two doctrines may overlap. An example of a breach of the covenant of quiet enjoyment is the landlord changing the locks, shutting off utilities, or repeated unauthorized entries.

Lease Terms

In both URLTA and non-URLTA counties, a lease agreement should be comprehensive and address at minimum, the address of the place to be rented, contact information for the landlord, the amount of rent and fees, the rental term, rent due date, whether pets are allowed, security deposits, utilities, repairs, termination of the lease, entry by landlord, and any potential waivers.

In URLTA counties, while a lease agreement may expand a tenant’s rights, a lease term that is in conflict with URLTA is unenforceable.

Lease Terms – Fees

Many fees are enforceable if clearly disclosed in the lease agreement and not prohibited by statute. In URLTA counties, the principal statutory limitation is a limitation on charging a late fee for the collection of rent. A landlord must provide a five (5) day grace period for the collection of rent.18 Upon expiration of the 5-day grace period, the landlord may charge a late fee and serve a notice of lease violation. The late fee shall not exceed ten percent (10%) of the amount of rent past due.19 Other permissible fees include application fees, pet fees and deposits (if the tenant does not have a documented disability), and returned check fees. Such charges should be clearly described in the lease agreement.

Lease Terms – Service Animals

In both URLTA and non-URLTA counties, a landlord may not prohibit the possession of an animal on the premises or require payment for possession of an animal on the premises for a tenant with a disability who requires use of a service animal or support animal.

In non-URLTA counties, tenants are protected from such prohibition by a section of the Fair Housing Act that requires landlords to make reasonable accommodations for tenants with disabilities.20

In URLTA counties, tenants are prescribed the protection from both the Fair Housing Act and the Tennessee code.21 However, a landlord may require reliable documentation of the disability and the disability-related need for a service or support animal from someone with actual knowledge of the tenant’s disability.22 If the tenant fails to provide such reliable documentation after the landlord’s request, the landlord may prohibit possession of an animal on the premises or require payment.23

Eviction

A landlord must strictly follow the appropriate procedures when seeking to evict a tenant.24 The requisite notice periods differ depending on the lease violation and whether the county is governed by URTLA.

In ULRTA counties, for lease violations that are curable by the payment of money,25 the landlord must first notify the tenant that if the breach is not remedied within fourteen (14) days after receipt of such notice, the rental agreement shall terminate.26 If the written lease provides that the tenant waives notice to vacate for nonpayment of rent, the landlord does not have to provide notice to the tenant before filing a detainer action for possession of the premises.27 The waiver must be provided in 12-point font or larger font than the rental agreement.28 If the tenant commits the same violation within six (6) months, the landlord may issue a seven (7) day notice of termination and does not have to provide a chance to cure the violation.29 For violations that are non-curable, the landlord must provide a notice that states that the lease will terminate in fourteen (14) days.30

In non-URLTA counties, for lease violations that are curable by the payment of money,  the landlord must first notify the tenant that if the breach is not remedied within fourteen (14) days after receipt of such notice, the rental agreement shall terminate.31 If the tenant commits the same violation within six (6) months, the landlord may issue fourteen (14) day notice of termination and does not have to provide a chance to cure the violation.32 For all other defaults according to the lease agreement, a landlord is required to give a thirty (30) day notice of termination.33 

In both URLTA and non-URLTA counties, if a tenant commits a violent act, engages in or behaves in a manner that threatens the health, safety, or property of other tenants or anyone else on the premises, the landlord is only required to provide a three (3) day written notice to vacate the premises.34 However, victims of domestic violence are afforded important protections and only the perpetrator may be evicted. The landlord may not evict the victim, minor children, or other innocent occupants solely because of the occurrence of domestic violence.35 Additionally, qualifying victims of domestic violence, sexual assault, or stalking may terminate a residential lease early without liability for future rent or early termination penalties.36

In both URLTA and non-URLTA counties, if the tenant does not vacate the premises after the expiration of the notice period, the landlord may then file a detainer action with a General Sessions Court and obtain a judgment for possession of the premises.37  If a tenant does not vacate the premises within ten (10) days after the landlord obtains a judgment for possession, they may be removed by law enforcement.38 Self-help evictions, including changing locks, shutting off utilities, or removing a tenant’s belongings without a court order, are strictly prohibited.39   

Expiration and Renewal

A fixed lease term terminates automatically upon expiration of its stated term unless the parties agree to renew or extend the tenancy. A fixed lease term is usually some combination of months, e.g., 6 months, 12 months, etc. A landlord may require the tenant to provide notice of intent not to renew and charge a fee for failure to provide such notice.

If a tenant remains in possession after the expiration of the lease term and the landlord accepts rent payments, a holdover tenancy may be created and the lease term defaults to a month-to-month periodic tenancy.40

Lease terms that are less than a combination of months are referred to as a periodic tenancy. A periodic tenancy can be month-to-month or week-to-week. Periodic tenancies continue indefinitely on the same terms and conditions unless either the landlord or the tenant provides the statutory notice of termination. The required amount of notice for non-renewal of a lease agreement depends on the lease term.

Expiration and Renewal – URLTA Counties

For a week-to-week tenancy, the landlord may terminate the tenancy by giving written notice to the tenant at least ten (10) days prior to the termination date specified in the notice.41 For a month-to-month tenancy, the landlord may terminate the tenancy by giving written notice to the tenant at least thirty (30) days prior to the periodic rental date.42 For example, if rent is due on the first day of each month, a landlord may not give notice on the 15th of a month stating that the tenancy will terminate 30 days later and require the tenant to vacate by the 15th of the following month. A termination notice of a month-to-month tenancy must be given (thirty) 30 days prior to the start of the next rental period. Accordingly, notice given after the start of a monthly rental period beginning on the 1st will not be effective to terminate the tenancy in thirty (30) days, and the tenancy would instead terminate at the end of the following month. In contrast, if the periodic rental date is the 15th of each month, notice delivered on the 15th stating that the tenancy will terminate in thirty (30) days and requiring surrender on the 15th of the following month is effective, because it is given thirty (30) days in advance of the start of the next rental period.

Expiration and Renewal – Non-URLTA Counties

In non-URLTA counties, notice of non-renewal of the lease agreement is measured by the length of the rental period and is effective at the end of a rental cycle. Thus, in month-to-month tenancies, the landlord may terminate the tenancy by giving written notice to the tenant at least thirty (30) days prior to the periodic rental date. For week-to-week tenancies, the landlord may terminate the tenancy by giving written notice to the tenant at least seven (7) days prior to the periodic rental date.

Abandonment

An abandonment of the lease occurs when the tenant vacates the premises before the end of the lease term without legal justification, without the landlord’s consent, and does not intend to return.

In URLTA counties, abandonment is governed by a specific statute that defines when a dwelling is presumed abandoned and authorizes a landlord to retake possession when the statutory requirements are met. A tenant’s absence from the premises for thirty (30) days without payment of rent is evidence of abandonment. Upon abandonment and the landlord providing notice to the tenant, the landlord is expressly authorized to re-enter and take possession of the premises. Likewise, if rent is overdue for fifteen (15) days and the tenants have permanently vacated the premises, the landlord may give written notice of intent to re-enter and take possession after at least ten (10) days without contact from the tenant.

After a landlord takes possession, a landlord has a duty to mitigate his damages and make reasonable efforts to relet the property at a fair market rate. The landlord does not have to prioritize renting the abandoned unit over other vacant units. If the landlord cannot relet the unit, the abandoning tenant remains subject to payment of rent and must continue to pay as it becomes due each month. If the landlord successfully relets the unit, the original tenant remains responsible for any deficient balance between the original rent and the new rent.

For non-URLTA counties, there is no equivalent abandonment statute or presumption of abandonment. Instead, abandonment is governed by common-law principles, in which the landlord must prove that the tenant vacated the premises with no justification, no payment of rent, and no intention to return. Whether a tenant has abandoned the lease is determined on a case-by-case basis. A landlord who incorrectly concludes that abandonment has occurred risks liability for wrongful eviction.

Other Landlord Duties – Security Deposits

In URLTA counties, all landlords of residential property requiring security deposits prior to occupancy are required to deposit all tenants’ security deposits in an account used only for that purpose, in any bank or other lending institution subject to regulation by the state or any agency of the United States government. A security deposit may only be used for unpaid rent and damage that goes beyond normal wear and tear. A landlord must provide an itemization of the specific damages and the costs to be charged against the security deposit to the tenant, and the security deposit may only be retained by the landlord if the damage was discovered by the landlord prior to the earlier of thirty (30) days after the tenant vacated the premises or seven (7) days after a new tenant takes possession of the premises. The tenant then has sixty (60) days to reclaim the security deposit or any portion thereof.  For tenant inspection rights, see T.C.A. § 66-28-301.

In non-URLTA counties, there is no equivalent security deposit statute. Instead, the lease agreement will control management and use of a security deposit. However, it is recommended that landlords in non-URLTA counties only apply the security deposit to unpaid rent and damage that goes beyond normal wear and tear and return any unused portion of the security deposit to the tenant.

Other Landlord Duties – Miscellaneous

A landlord has the duty to comply with applicable building, housing, and health codes, look after common areas, and provide and maintain utilities. A landlord also has the duty to control nuisance like behavior from other tenants. The term nuisance generally refers to a substantial and unreasonable interference with the use of property. For apartments, this is typically going to be things like noise complaints, excessive guests, and knowledge of criminal activity occurring on the property. A breach of this duty occurs when the landlord has actual knowledge of such activity and fails to take reasonable steps to prevent it. However, a landlord is not liable for the acts of tenants of which the landlord has no control and cannot reasonably prevent.

For a comprehensive review of all landlord duties in URLTA counties, see T.C.A. § 66-28-101 et seq.

Whether you are seeking a residential lease agreement or clarification of your rights as a landlord or tenant, Lipsey Morrison is here to help. Please contact us at (865) 546-6321 if you need assistance with a lease agreement.

This communication is for general informational purposes only and does not create or constitute an attorney client relationship. Please consult a qualified attorney for legal advice tailored for you.

  1. T.C.A. § 66-28-101 et seq.

  2. 42 U.S.C. § 3601–3619.

  3. 42 U.S.C. § 3604.

  4. Id.; 42 U.S.C. § 3617.

  5. See T.C.A. § 4-21-601 (creed meaning a set of beliefs).

  6. See T.C.A. § 66-28-304; T.C.A. § 66-28-502(a)(3).

  7. T.C.A. § 66-28-502(a)(3). Some features may not be considered essential features, such as air conditioning and complete eradication of pests unless extreme conditions render the premises unsafe. However, it is recommended for Landlords to do to their best in providing these features.

  8. T.C.A. § 66-28-304(c).

  9. T.C.A. § 66-28-401(2).

  10. See T.C.A. § 66-28-502.

  11. See T.C.A. § 66-28-502(a)(1)(A).

  12. See T.C.A. § 66-28-502(a)(1)(B).

  13. T.C.A. §§ 66-28-502(a)(1)(C) and 66-28-502(2).

  14. See T.C.A. § 66-28-502(c).

  15. See Couch v. Hall, 412 S.W.2d 635 (Tenn. 1967).

  16. Id.

  17. See id.; W.E. Stephens Mfg. Co. v. Buntin, 181 S.W.2d 634 (Tenn. Ct. App. 1944).

  18. T.C.A. § 66-28-201(d). The date rent is due shall be included in the five-day grace period. If the last day of the five-day grace period occurs on a Sunday or legal holiday, the landlord shall not impose a late fee provided that rent is paid on the next business day.

  19. T.C.A. § 66-28-201(d).

  20. 42 U.S.C. § 3604(f)(3)(B)

  21. T.C.A. § 66-28-406.

  22. T.C.A. § 66-28-406(a) and (c).

  23. T.C.A. § 66-28-406(e).

  24. This section only applies to private landlords. The process is different for subsidized housing.

  25. Violations curable by the payment of money include payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement.

  26. T.C.A. § 66-28-505(a)(2). The earliest a landlord can provide notice of a lease violation due to the nonpayment of rent is the sixth day of the month. See T.C.A. § T.C.A. § 66-28-201(d). A tenant may also waive the notice requirement in which the landlord may proceed in filing a detainer action without providing notice. T.C.A. § 66-28-505(b).

  27. T.C.A. § 66-28-505(b).

  28. Id.

  29. T.C.A. § 66-28-505(a)(2)(B).

  30. T.C.A. § 66-28-505(a)(3).

  31. T.C.A. § 66-7-109(a)(1)-(2).

  32. T.C.A. § 66-7-109(a)(2).

  33. T.C.A. § 66-7-109(b).

  34. See T.C.A. ֻ§ 66-28-517; T.C.A. § 66-7-109(d). Non-URLTA counties include engaging in “drug related activity” as a condition in which a landlord need only provide three (3) days’ written notice to vacate. T.C.A. § 66-7-109(d). In addition, a landlord need only provide three (3) days’ written notice to vacate to unauthorized tenants. T.C.A. § 66-28-517(A)(4); T.C.A. § 66-7-109(f).

  35. T.C.A. § 66-28-517(g); T.C.A. § 66-7-109(e)

  36. T.C.A. § 66-28-205; T.C.A. § 66-7-112.

  37. A tenant may generally request a seven-day continuance for good reason. The postponement shall not be for a longer period of time unless agreed upon by the parties, no civil court is being conducted, or the landlord consents. See T.C.A. § 29-18-118.

  38. See T.C.A. § 27-5-108.

  39. T.C.A. § 66-28-511. This prohibition does not apply in the case of abandonment. Although this provision is found within URLTA, landlords in non-URLTA counties should not self-help evict and should follow the judicial eviction process.

  40. T.C.A. § 66-28-202(a).

  41. T.C.A. § 66-28-512(a).

  42. T.C.A. § 66-28-512(b).

  43. T.C.A. § 66-28-405.

  44. T.C.A. § 66-28-405(a).

  45. T.C.A. § 66-28-405.

  46. T.C.A. § 66-28-405(b).

  47. T.C.A. § 66-28-507(c);

  48. See id.

  49. T.C.A. § 66-28-301(a).

  50. See T.C.A. § 66-28-301.

  51.  T.C.A. § 66-28-301(b)(1)-(2).

  52. T.C.A. § 66-28-301(g)(1)-(2).

  53. T.C.A. § 66-28-301(f).

  54. T.C.A. § 66-28-304(a)(1)-(3). In multi-unit complexes of four or more units, a landlord must provide and maintain removal of ashes, garbage, rubbish and other waste from common points of collection subject to T.C.A. § 66-28-401(3). T.C.A. § 66-28-304(a)(1)(4).

 

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