Tennessee Landlord-Tenant Law 2026: The Plain-English Guide
- Does Tennessee's URLTA apply to my rental? Only if the property is in a county with a population of more than 75,000, according to the 2010 federal census or any subsequent federal census (§ 66-28-102(a)). Elsewhere termination notices come from § 66-7-109,…
- How much security deposit can a Tennessee landlord charge? As much as the market will bear — § 66-28-301 sets no maximum and no ceiling. It regulates the machinery instead: a dedicated account (§ 66-28-301(a)), notice of the account's location at signing (§ 66-28-301(h)),…
- How long does a Tennessee landlord have to return a security deposit? The statute sets no return deadline — "30 days" misreads § 66-28-301(g), the window for discovering additional damage (the earlier of 30 days after vacatur or seven days after a new tenant takes possession). What §…
Quick answer - Tennessee: Tennessee has no deposit cap and no statutory return deadline: deposits sit in a dedicated account, a joint move-out inspection drives deductions, and an unclaimed refund may be retained after 60 days' notice. Late fees cap at 10% after a five-day grace period; URLTA nonpayment notice is 14 days.
Tennessee runs two landlord-tenant systems in one state, divided by a census figure. The Uniform Residential Landlord and Tenant Act (URLTA), Title 66, Chapter 28, applies only in counties with a population of more than 75,000 (§ 66-28-102(a)). Elsewhere, tenancies are governed by the older lease statutes in Title 66, Chapter 7 — principally § 66-7-109 — by the detainer procedure in Title 29, Chapter 18, and by the lease itself. The detainer procedure and the fair-housing layer (Title 4, Chapter 21, Part 6) apply statewide. The tracks differ on deposits, habitability, entry, and retaliation — so the first question in any dispute is which side of the county line the unit sits on.
Four warnings, because the earlier version of this page got them wrong and most of the internet still does. First, Tennessee's deposit statute sets no return deadline at all: the 30 days in § 66-28-301(g) is the window for discovering additional damage after the move-out inspection — not a refund clock. What the statute imposes instead is a joint-inspection machine, a dedicated-account rule with a forfeiture sanction, and a refund-notice duty under which an unresponsive tenant's refund may be retained at 60 days (§ 66-28-301(f)). Second, there is no general repair-and-deduct right and no $500-or-half-month's-rent cap in Tennessee law. The tenant's real remedies are damages and injunctive relief after 14 days' written notice (§ 66-28-501) and, for essential services only, procuring the service and deducting its cost (§ 66-28-502). Third, there is no general 24-hour entry-notice rule: § 66-28-403 is consent-based, and its only 24-hour requirement covers final-30-days showings, only if the lease provides for that access. Fourth, late fees carry a hard statutory cap of 10% of the rent past due, after a mandatory five-day grace period (§ 66-28-201(d)).
Tennessee landlords: compare your state's rules against all 50 at once — the 50-State Landlord Law Dataset (CSV + JSON) ($29) puts every state's deposit, eviction, and rent rules side by side.
Tennessee at a glance
| Topic | Tennessee rule | Source |
|---|---|---|
| URLTA applicability | Counties with a population of more than 75,000, according to the 2010 federal census or any subsequent federal census | § 66-28-102(a) |
| Deposit cap | None — § 66-28-301 sets no maximum amount | § 66-28-301 |
| Deposit account | All deposits in an account used only for that purpose, in a bank or other lending institution subject to state or federal regulation | § 66-28-301(a) |
| Deposit account notice | Tenant must be notified of the location of the account when the lease is signed and the deposit submitted; the account number need not be provided | § 66-28-301(h) |
| Deposit return deadline | None stated in the statute — see the inspection, refund-notice, and damage-discovery clocks below | § 66-28-301(b), (f), (g) |
| Move-out inspection | On the day the tenant completely vacates, or within 4 calendar days after; tenant may be present if the statutory steps are followed | § 66-28-301(b)(1) |
| Deposit penalty | Failure of the account or damage-listing requirement forfeits the right to retain any portion | § 66-28-301(c) |
| Unclaimed refund | Notify the tenant at the last known or reasonably determinable address; no response within 60 days, and the landlord may retain it | § 66-28-301(f) |
| Late fee | Five-day grace period (the due date counts as day one); any late charge, however described, capped at 10% of the amount of rent past due | § 66-28-201(d) |
| Rent control | Local governments may not enact, maintain, or enforce any ordinance controlling the amount of rent charged for private residential or commercial property | § 66-35-102(a) |
| Nonpayment / money-remediable breach (URLTA) | Written notice; termination if not remedied within 14 days after receipt; a similar recurrence within 6 months, on at least 7 days' notice | § 66-28-505(a)(2) |
| Non-remediable breach (URLTA) | Written notice; termination on a date not less than 14 days after receipt | § 66-28-505(a)(3) |
| Violence / danger (URLTA) | Termination within 3 days from receipt of written notice detailing the violation | § 66-28-517 |
| Non-URLTA termination notices | 14 days for nonpayment, damage beyond wear and tear, or violent/dangerous conduct; 30 days for other defaults; 3 days for the specified drug/violence and unauthorized-occupant cases | § 66-7-109 |
| Periodic termination (URLTA) | Week-to-week: at least 10 days before the termination date specified. Month-to-month: at least 30 days before the periodic rental date specified | § 66-28-512(a)–(b) |
| Entry | Consent-based; no general notice period. Emergency entry without consent; the only 24-hour rule covers final-30-days showings, if the lease so provides | § 66-28-403 |
| Habitability | Landlord must comply with building and housing codes materially affecting health and safety and make all repairs necessary to keep the premises fit and habitable | § 66-28-304(a) |
| Repair-and-deduct | No general right. Essential-services procurement and deduction only; otherwise damages and injunctive relief after 14 days' written notice | §§ 66-28-501, 66-28-502 |
| Retaliation | No rent increase, service decrease, or possession action because the tenant complained to the landlord of a § 66-28-301 violation or used chapter remedies; no lookback window stated | § 66-28-514 |
| Discrimination (state) | Race, color, creed, religion, sex, disability, familial status, and national origin | § 4-21-601(a) |
| Eviction forum | Detainer warrant in general sessions court, which has unlimited original jurisdiction in forcible entry and detainer cases | §§ 16-15-501(d)(1), 29-18-101 et seq. |
| Squatters | Expedited sheriff removal of a true unauthorized occupant on a verified complaint — never available against a current or former tenant | § 29-18-135 |
The clocks table
Tennessee landlord-tenant law is mostly clocks — but note how many run from receipt, not mailing, and how the deposit clocks concern inspection and discovery rather than a single return date:
| Clock | Length | Runs from | Source |
|---|---|---|---|
| Move-out inspection | Day of vacatur, or within 4 calendar days after | The tenant completely vacating (inspection-right notice due within 5 days of the vacatur request or notice) | § 66-28-301(b)(1)(A) |
| Later-discovered damage recoverable | Earlier of 30 days after vacatur/abandonment, or 7 days after a new tenant takes possession | Discovery by the landlord | § 66-28-301(g) |
| Unclaimed refund may be retained | 60 days | The landlord sending notification of the refund due to the last known or reasonably determinable address, with no response | § 66-28-301(f) |
| Late-fee grace period | 5 days, due date counted | The day rent was due; no fee if the fifth day falls on a Sunday or legal holiday and rent is paid the next business day | § 66-28-201(d) |
| Money-remediable breach cure (URLTA) | 14 days | The tenant's receipt of the landlord's written notice | § 66-28-505(a)(2) |
| Repeat breach termination (URLTA) | At least 7 days | Written notice, where substantially the same act or omission recurs within 6 months | § 66-28-505(a)(2)(B) |
| Tenant health-and-safety cure-and-bill window | 14 days (promptly, in an emergency) | The landlord's written notice specifying the breach | § 66-28-506 |
| Violence / danger termination (URLTA) | 3 days | The tenant's receipt of written notice detailing the violation | § 66-28-517 |
| Non-URLTA notices | 14 days / 30 days / 3 days | Nonpayment, damage, or violence: 14 days; other defaults: 30 days; specified drug, violence, and unauthorized-occupant cases: 3 days | § 66-7-109(a), (b), (d), (f) |
| Week-to-week termination (URLTA) | At least 10 days | Written notice, before the termination date specified | § 66-28-512(a) |
| Month-to-month termination (URLTA) | At least 30 days | Written notice, before the periodic rental date specified | § 66-28-512(b) |
| Tenant's notice before suing the landlord | 14 days | Written notice of the landlord's noncompliance | § 66-28-501(a) |
| Abandonment presumption | 30 days | Unexplained or extended absence without payment of rent — prima facie evidence of abandonment | § 66-28-507(a) |
| Abandonment notice route | Contact within 10 days; storage at least 30 days | Posting and mailing of the landlord's notice of belief of abandonment; sale balances held 6 months | § 66-28-507(b)–(c) |
| Detainer appeal window | 10 days | The general sessions judgment; an appealing nonpayment defendant must post bond or security of one year's rent | §§ 29-18-126, 29-18-130(b)(2) |
How the Tennessee stack is built
Five layers do the work, and the county line decides which apply. Chapter 28 — URLTA itself — is the substantive core where it applies: agreement terms (§§ 66-28-201 to 66-28-205), landlord obligations including deposits and disclosure (§§ 66-28-301 to 66-28-305), tenant obligations (§§ 66-28-401 to 66-28-406), and remedies (§§ 66-28-501 to 66-28-523). Chapter 7 supplies the background lease rules and § 66-7-109's notices — which by their own terms do not apply in a URLTA county (§ 66-7-109(g)). Title 29, Chapter 18 is the procedure everywhere: detainer cases run on a detainer warrant in general sessions court regardless of county. Title 4, Chapter 21, Part 6 is the statewide civil-rights layer. The lease fills what the statutes leave open — deposit amounts, most fees beyond the late-fee cap, and entry arrangements.
Three construction points run underneath. Preemption: where Chapter 28 applies, it "occupies and preempts the entire field of legislation concerning the regulation of landlords and tenants," and a covered county may not enact or enforce conflicting or additional regulations (§ 66-28-102(e)) — why surviving local ordinances, such as Metro Nashville's below, deserve a fresh check. Good faith governs every duty and condition-precedent act (§ 66-28-516). Mitigation: the aggrieved party must mitigate damages (§ 66-28-515(a)). Scope exclusions: § 66-28-102(c)–(d).
How much can a Tennessee landlord charge as a security deposit, and when must it be returned?
The deposit rules are covered in full on the companion page: Tennessee security deposit law. This summary states the same rules from the same text.
The cap: there is none
Section 66-28-301 regulates where the deposit sits, how it is inspected against, and what happens to it afterward. It never limits the amount — no one-month rule, no two-month rule, no reasonableness ceiling. One month's rent is the market norm, but that is pricing judgment, not law. With no cap, the compliance weight sits on the machinery below: the account, the location notice, and the signed listing.
The account: § 66-28-301(a), and the location notice in § 66-28-301(h)
All landlords who require security deposits before occupancy must deposit all tenants' deposits in an account used only for that purpose, in any bank or other lending institution subject to state or federal regulation (§ 66-28-301(a)). Two precisions the old page blurred. The statute requires a dedicated account — one account holding all tenants' deposits, properly ledgered; it does not say "separate account per tenant." And the notice duty lives in subsection (h), not (a): landlords must notify tenants, at the time they sign the lease and submit the deposit, of the location of the account — and need not provide the account number. Give the notice in the lease packet: subsection (c) makes the account a condition of keeping any of the money. The section imposes no interest requirement.
The inspection machine: § 66-28-301(b)
Tennessee's distinctive deposit feature is not a deadline; it is a joint inspection with a signed, conclusive listing. The tenant has the right to inspect the premises to determine liability for physical damages behind any charge against the deposit, under this procedure (§ 66-28-301(b)(1)):
1. The landlord's notice. Upon the landlord's request that the tenant vacate, or within five days after receipt of the tenant's written notice of intent to vacate, the landlord may notify the tenant of the right to be present, and may advise the tenant to request an inspection time during normal working hours.
2. The timing. The inspection must be after the tenant has completely vacated and surrendered all means of access — on the day of vacatur or within four calendar days afterward. Four calendar days is unforgiving; diary it the day the notice arrives.
3. The no-show waiver. If the landlord gave written notice of the right to be present, the tenant scheduled, and then failed to attend, the tenant waives the right to contest the damages found — provided that waiver is set out in the rental agreement. A lease without that sentence gets no waiver.
4. The signed listing. On a mutual inspection, the parties compile a comprehensive listing of presently ascertainable damage behind any charge, with estimated dollar costs, and both sign. Except as subsection (g) provides, the signatures are conclusive evidence of accuracy. A tenant who refuses to sign must state specifically in writing the items dissented from (§ 66-28-301(b)(1)(B)).
The inspection right has six exceptions (§ 66-28-301(b)(2)(B)): the tenant vacated without written notice; abandoned the premises; was judicially removed; did not contact the landlord after the inspection-right notice; failed to appear; or has not requested a mutual inspection or is otherwise inaccessible. Then the landlord inspects alone, compiles the same listing, and must provide a written copy, sent by certificate of mailing, on the tenant's written request (§ 66-28-301(b)(2)(A)). A tenant who disputes the listing may sue — but the claim is limited to the items specifically dissented from (§ 66-28-301(d)). The listing is conclusive only as to presently ascertainable damage — where subsection (g) comes in.
There is no return deadline — here is what the statute does instead
Read § 66-28-301 end to end and you will not find a sentence requiring return within 30 days, 60 days, or any other period. The internet's "30-day return" — printed in the earlier version of this page — misreads subsection (g). Here is what the section actually does at the end of a tenancy:
- Unpaid rent (§ 66-28-301(e)). If the tenant vacates owing rent or other amounts due, the landlord may remove the deposit from the account and apply it to the unpaid debt.
- The refund notice (§ 66-28-301(f)). If the tenant leaves not owing rent and with a refund due, the landlord must send notification of the amount due to the tenant's last known or reasonably determinable address. If there is no response within sixty days of sending it, the landlord may remove the deposit from the account and retain it free of any claim. The 60 days are not a licence to sit on a refund when you know where the tenant is: send promptly, document the mailing, and pay — the retention rule exists for the tenant who cannot be found.
- Later-discovered damage (§ 66-28-301(g)). The landlord may still recover contractual damages plus the cost of additional physical damage discovered after a completed inspection — but only if discovered before the earlier of (1) thirty days after the tenant vacated or abandoned the premises, or (2) seven days after a new tenant takes possession. This is the genuine 30-day rule in Tennessee deposit law, and re-renting quickly shortens it — so the deep inspection belongs in the first days after vacatur.
Tennessee gives the landlord no deadline to calendar — it gives a procedure. Landlords who lose Tennessee deposit cases lose them on subsection (c), not on a calendar.
The penalty: § 66-28-301(c) forfeiture
No landlord is entitled to retain any portion of a security deposit if the deposit was not deposited in an account as subsection (a) requires and a listing of damages is not provided as subsection (b) requires (§ 66-28-301(c)). Failure on either leg forfeits the retention right entirely, however well documented the damage. The section contains no bad-faith multiplier and no treble-damages clause; the old page's "deposit plus damages for bad-faith withholding" is not in this statute and has been removed. The tenant's route is the subsection (d) action, limited to dissented items, in general sessions court (civil jurisdiction $25,000, § 16-15-501(d)(1)).
Worked deposit example. Rent is $1,400; you hold a $1,400 deposit in the dedicated account, its location disclosed in the lease packet. The tenant gives written notice of intent to vacate; you give the inspection-right notice within five days. The tenant vacates on Monday, March 2, 2026, and the joint inspection happens that day — inside the window, which ran to Friday, March 6, 2026. You both sign the listing: $180 of damage beyond ordinary wear. No rent is owed, so a $1,220 refund is due; you send the subsection (f) notification the same week. Had the tenant never responded, retention would be allowed only after sixty days from sending — Friday, May 1, 2026. Hidden damage of $300 found March 20 is recoverable under subsection (g) — within thirty days of vacatur (outside date Wednesday, April 1, 2026) — unless a new tenant took possession earlier. Run every move-out through our Security Deposit Deadline Finder, build the listing from the deductions guide, and photograph against the move-in/move-out inspection checklist.
Transfer of the property: § 66-28-305
Unless otherwise agreed, a seller in a good-faith sale to a bona fide purchaser is relieved of liability for events occurring after written notice to the tenant of the conveyance and transfer of the security deposit to the purchaser (§ 66-28-305). Both halves matter at closing.
When is rent due in Tennessee, and what late fees and increases are allowed? (§ 66-28-201(c))
When rent is due: § 66-28-201(c)
Rent is payable without demand at the time and place agreed; notice on nonpayment is waived only if a written agreement so provides. Unless otherwise agreed, rent is payable at the dwelling unit, at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month, and is uniformly apportionable from day to day on agreement (§ 66-28-201(c)). With no agreement at all, the tenant pays the reasonable value for use and occupancy (§ 66-28-201(b)). State the due date in the lease — every clock in this guide is measured from it.
Late fees: the five-day grace period and the 10% cap — § 66-28-201(d)
The old page said late fees must be "in the lease and reasonable." The statute is more specific. There is a five-day grace period beginning the day rent was due, with the due date itself included in the count. If the last day falls on a Sunday or a legal holiday (§ 15-1-101), no charge may be imposed if rent is paid on the next business day. And any charge or fee, however described, for late payment may not exceed ten percent (10%) of the amount of rent past due (§ 66-28-201(d)). Three consequences: the cap reaches the fee however described, so a daily accrual accumulating past 10% exceeds it; the grace period is statutory, not contractual — a lease charging a fee on day two does not override it, and § 66-28-201(a) bars waiver of chapter rights; and the cap is 10% of the amount past due, not of the full rent, when only part is unpaid.
Worked example. Rent of $1,400 due Monday, March 2, 2026 goes unpaid. The grace period, counting March 2 as day one, runs through Friday, March 6, 2026 — a weekday, so no extension applies. A late fee may be charged only after that period, capped at $140.
Rent control: prohibited to local government — § 66-35-102(a)
A local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for private residential or commercial property (§ 66-35-102(a)); subsection (b) extends the bar to mandatory below-market allocation and inclusionary zoning conditions, while preserving voluntary incentive programs. There is likewise no state cap on a rent increase in Chapter 28. What disciplines an increase is the termination machinery below, the § 66-28-514 retaliation ban, and fair-housing law.
Raising rent on a periodic tenancy
Chapter 28 sets no separate notice period for a rent increase as such. On a month-to-month tenancy the operative notice is § 66-28-512(b): written notice at least 30 days before the periodic rental date specified, effective at a period boundary; the tenant may pay it or terminate on the same 30 days. On a fixed term, rent is whatever the agreement says until the term ends. One local overlay to verify rather than assume: Metro Nashville's code (§ 11.22.010) has been applied to require 90 days' advance written notice of a residential increase where the agreement does not itself require 60 days or more, for leases entered on or after July 1, 2020, government-funded housing excepted. Davidson County is a URLTA county, and § 66-28-102(e)'s preemption clause sits in tension with a local notice rule — check the current Metro code. See how to raise rent legally.
The lease itself: disclosure, prohibited terms, and rules
Disclosure at the start: § 66-28-302, as amended in 2024
At or before commencement of the tenancy, the landlord — or anyone authorized to enter into a rental agreement on the landlord's behalf — must disclose to the tenant in writing (§ 66-28-302(a)):
1. The name and address of the agent authorized to manage the premises, and of an owner of the premises or a person or agent authorized to act for the owner for acceptance of service of process and receipt of notices and demands; and
2. A telephone number or electronic mail address for maintenance services, or an online portal system designed for landlord-tenant communication.
The second item is new law: 2024 Public Chapter 907 rewrote subsection (a), effective January 1, 2025, for agreements entered into, amended, or renewed on or after that date. A pre-2025 packet disclosing only names and addresses is now incomplete. The information must be kept current and binds any successor landlord, owner, or manager (§ 66-28-302(b)). The sanction: a non-complying person authorized to enter the agreement becomes an agent of each landlord for service of process and receipt of notices and demands (§ 66-28-302(c)). Add the maintenance contact to the lease, and refresh it by addendum whenever the manager or portal changes.
Terms the agreement may not contain: § 66-28-201(a) and the insurance notice
The parties may include terms not prohibited by the chapter or other law — but an agreement cannot provide that the tenant waives or foregoes rights or remedies under the chapter (§ 66-28-201(a)). The same subsection imposes a disclosure landlords forget: the landlord or agent shall advise in writing that the landlord is not responsible for, and will not provide, fire or casualty insurance for the tenant's personal property. The one waiver the chapter does allow — the § 66-28-505(b) nonpayment-notice waiver, in 12-point bold font or larger — is covered in the eviction section; treat it as a specialist clause, not boilerplate.
Landlord rules: § 66-28-402
A landlord's rules are enforceable only if their purpose is to promote tenants' convenience, safety, or welfare, preserve the property from abusive use, or fairly distribute services and facilities; they are reasonably related to that purpose; they apply to all tenants; they are explicit enough to fairly inform the tenant; and the tenant has notice of them at signing (or, for later rules, on adoption). A later rule that works a substantial modification is unenforceable against a tenant who did not consent in writing (§ 66-28-402).
Service and support animals: § 66-28-505(f)
It is material noncompliance and default for a tenant to misrepresent a disability or disability-related need for a service or support animal, or to provide documentation under § 66-28-406(c) that falsely states an animal is one; the landlord may then terminate and recover damages, including reasonable attorney's fees (§ 66-28-505(f)). The statute targets falsity, not the animal.
How much notice is required to end a Tennessee tenancy without a breach, and what happens with holdovers? (§ 66-28-512)
Section 66-28-512 sets the no-cause termination periods for periodic tenancies in URLTA counties. Each period runs both ways:
- Week-to-week: written notice given at least 10 days before the termination date specified in the notice (§ 66-28-512(a)).
- Month-to-month: written notice given at least 30 days before the periodic rental date specified in the notice (§ 66-28-512(b)). Note the anchor: the 30 days run to the periodic rental date specified, not simply "30 days from today."
A fixed-term lease ends on its own date. In non-URLTA counties there is no § 66-28-512: a no-cause termination rests on the lease and general law, while § 66-7-109 supplies the for-cause eviction notices below — do not cite its 30 days as a general month-to-month rule, because by its terms it is an eviction notice for other defaults.
Holdover (§ 66-28-512(c)). If the tenant remains without the landlord's consent after expiration or termination, the landlord may sue for possession, back rent, and reasonable attorney's fees, plus any other damages the lease provides; a holdover that is willful and not in good faith adds actual damages plus fees. If the landlord consents to continued occupancy, § 66-28-201(c) applies and the tenancy continues periodically. Accepting a holdover tenant's rent check is the consent decision — make it deliberately.
Waiver by accepting rent (§ 66-28-508). If the landlord accepts rent without reservation, with knowledge of a default, the acceptance condones the default and waives the right to terminate for that breach. Accept money during a pending termination only expressly for use and occupancy, in writing.
After termination (§ 66-28-510). The landlord has a claim for possession and rent, and a separate claim for actual damages, plus reasonable attorney's fees — administered with a duty to mitigate (§ 66-28-515(a)): re-rent promptly and document the marketing.
How does eviction work in Tennessee — which notice, then the detainer warrant?
Every Tennessee eviction ends in the same place: a detainer warrant in general sessions court under Title 29, Chapter 18. What differs by county is the notice that must precede it. Self-help is not a shortcut: a URLTA landlord may not take possession by action or otherwise, including willful diminution of services by interrupting electric, gas, water, or other essential service, except on abandonment, surrender, or as the chapter permits (§ 66-28-511) — and an ousted or cut-off tenant may recover possession or terminate, plus actual damages, punitive damages when appropriate, and a reasonable attorney's fee, with prepaid rent and deposits returned on termination (§ 66-28-504).
Full process: how to evict a tenant.
URLTA Track 1 — Money-remediable breaches, including nonpayment: the 14-day cure notice (§ 66-28-505(a)(2))
On a material noncompliance with the agreement, or a § 66-28-401 noncompliance materially affecting health and safety, the landlord delivers a written notice specifying the acts and omissions constituting the breach (§ 66-28-505(a)(1)). Where the breach is remediable by payment of rent, repair costs, damages, or any other amount due, the notice may state that if the breach is not remedied within fourteen (14) days after receipt, the agreement shall terminate (§ 66-28-505(a)(2)). That is the Tennessee nonpayment notice: 14 days, from receipt, curable by payment. Serve it provably and count from the proof.
Two provisions inside the track decide cases:
- The prior-authorization trap (§ 66-28-505(a)(2)(A)). Repairs made by the tenant to remedy the tenant's breach must be requested in writing by the tenant and authorized in writing by the landlord beforehand — and the landlord's notice itself shall inform the tenant of that requirement. A notice omitting the sentence is defective for repair-remediable breaches. Build it into the form.
- The repeat-breach shortcut (§ 66-28-505(a)(2)(B)). If substantially the same act or omission recurs within six (6) months, the landlord may terminate on at least seven (7) days' written notice specifying the breach and the termination date. Serve the first notice perfectly even when the tenant cures: it starts the six-month window that halves the second notice.
Worked example. Rent due Monday, March 2, 2026 is unpaid; your § 66-28-505(a)(2) notice is received Monday, March 9, 2026. Payment in full by Monday, March 23, 2026 — fourteen days after receipt — defeats termination; nonpayment terminates the agreement as noticed, and the detainer warrant follows. The grace period bars a late fee before March 7; it does not bar serving the notice.
URLTA Track 2 — Non-remediable breaches: 14 days, no cure (§ 66-28-505(a)(3))
If the breach is not remediable by payment, the notice may state that the agreement shall terminate on a date not less than fourteen (14) days after receipt (§ 66-28-505(a)(3)) — same length as Track 1, but no cure to offer, and no additional notice is required (§ 66-28-505(a)(4)). The old page's "30 days for lease violations, 14 to cure for first offenses" appears nowhere in § 66-28-505: there is no 30-day lease-violation notice in the URLTA track.
URLTA Track 3 — The tenant's failure to maintain: cure-and-bill (§ 66-28-506)
Health-and-safety noncompliance with § 66-28-401 that can be remedied by repair, replacement of a damaged item, or cleaning has its own remedy — not termination in the first instance. If the tenant fails to comply as promptly as conditions require in an emergency, or within fourteen (14) days after the landlord's written notice specifying the breach, the landlord may enter, cause the work to be done in a workmanlike manner, and submit an itemized bill for the actual and reasonable cost as rent on the next date periodic rent is due, or immediately if the agreement has terminated (§ 66-28-506).
URLTA Track 4 — Violence and danger: the 3-day termination (§ 66-28-517)
A landlord may terminate within three (3) days from the date written notice is received by the tenant if the tenant, or any person on the premises with the tenant's consent: (1) willfully or intentionally commits a violent act; (2) behaves in a manner constituting or threatening a real and present danger to the health, safety, or welfare of other tenants or persons on the premises; (3) creates a hazardous or unsanitary condition affecting the same interests; or (4) refuses to vacate after entering as an unauthorized subtenant or occupant (§ 66-28-517(a)). The notice must specifically detail the violation and is effective only from receipt (§ 66-28-517(b)). Know the balances: the tenant has immediate access to a court for an injunction (§ 66-28-517(c)); the section does not authorize self-help possession or service interruption (§ 66-28-517(d)); and a termination that is willful and not in good faith exposes the landlord to actual damages plus fees (§ 66-28-517(e)). Use Track 4 only for documented danger.
The non-URLTA track: § 66-7-109
Outside Chapter 28, the pre-filing notice law is § 66-7-109 — which expressly does not apply in a URLTA county (§ 66-7-109(g)). Its structure parallels the URLTA tracks but is not identical:
- Fourteen (14) days' notice is sufficient to terminate for: (A) neglect or refusal to pay rent due and in arrears, upon demand; (B) damage beyond normal wear and tear by the tenant, household members, or guests; or (C) a willful or intentional violent act, or behaviour constituting or threatening a real and present danger to others or their property (§ 66-7-109(a)(1)). For grounds (A) and (B), an adequate remedy before the date specified defeats termination; a substantially similar recurrence within six months may be terminated on at least fourteen days' written notice (§ 66-7-109(a)(2)) — 14 days here, not the URLTA's 7.
- Thirty days for all other defaults — a thirty-day termination notice from the date given, required for the purpose of eviction (§ 66-7-109(b)). This, and only this, is the source of the "30-day notice" in Tennessee practice.
- Three days in the specified cases: in a housing-authority tenancy, or for a non-disabled residential tenant in a non-URLTA county, where the tenant or a person present with the tenant's consent commits a violent act, engages in drug-related criminal activity, or creates a real and present danger (§ 66-7-109(d)) — and against an unauthorized subtenant or occupant who refuses to vacate (§ 66-7-109(f)).
- The section does not apply where the rental period is less than fourteen days (§ 66-7-109(c)), and a manager may testify against a tenant as a landlord or owner may (§ 66-7-109(h)).
Subsection (e) carries the domestic-abuse protection below. A 2023 amendment (Public Chapter 400) added subsection (i): sixty days' notice to terminate a rent-current tenant aged 55 or older in a federally assisted facility for older persons, where the termination allows a new property development.
The waiver clause: § 66-28-505(b)
One lawful shortcut exists: if the tenant waives the notice in the rental agreement, the landlord may file a detainer warrant immediately upon breach for failure to pay rent — provided the waiver does not reduce the § 66-28-201 grace period and is set out in twelve (12) point bold font or larger (§ 66-28-505(b)). No compliant font, no waiver; even a valid waiver leaves the grace period and the detainer process intact. In non-URLTA counties § 66-7-109 governs instead.
After notice: the detainer warrant (Title 29, Chapter 18)
Once a termination has matured — 14 days uncured on Tracks 1 and 3's timetable, the date specified on Track 2, 3 days on Track 4, expiry of a § 66-28-512 period, or the § 66-7-109 equivalents — possession moves only through Chapter 18:
1. The three actions. Chapter 18 defines forcible entry and detainer, forcible detainer, and unlawful detainer — the tenant-by-contract who willfully and without force holds over (§ 29-18-104). Most residential cases are unlawful detainer after a termination notice, and § 66-28-505(c) preserves the right to collect rent for the remaining term meanwhile.
2. Filing. The landlord files a detainer warrant in the general sessions court of the county where the property lies. General sessions has unlimited original jurisdiction in forcible entry and detainer cases — the ordinary $25,000 civil limit does not cap a detainer case (§ 16-15-501(d)(1)).
3. Service (§ 29-18-115). Personal service by a sheriff, constable, or private process server on a defendant with a contractual or possessory interest; or the plaintiff, attorney, or agent may lodge the summons with the sheriff or constable for certified-mail service. Where personal service fails after three documented attempts on three different dates, the server may post a copy on the door and mail one by first-class mail — both at least six days before the hearing, noted on the warrant.
4. Hearing and judgment. Both sides present the lease, the ledger, the notices with proofs of receipt, and the condition records; an uncontested case ends in a judgment for possession.
5. The ten days after judgment. The tenant has ten days to appeal to circuit court for a trial de novo (§ 29-18-126), and possession practice respects that window. In a nonpayment case, the appealing defendant must execute bond, or post a cash deposit or irrevocable letter of credit, or provide two good personal sureties, in the amount of one year's rent — and the landlord need not post bond to obtain possession where the defendant does not comply (§ 29-18-130(b)(2)).
6. The writ of possession (§ 29-18-127). The sheriff or constable executes the writ. Removed property is placed on the premises, clear of the entrance and at a reasonable distance from any roadway, and must not be disturbed for forty-eight (48) hours, after which it may be discarded (§ 29-18-127(b)).
Worked detainer timeline. On the Track 1 example above: cure window closes Monday, March 23, 2026 without payment, the agreement terminates as noticed, the warrant is filed that week, and after service, hearing, judgment, and the ten-day appeal window, the writ issues absent a compliant appeal and bond. The old page's "hearing within 2–4 weeks, resolved in 4–6 weeks" had no statutory source and has been removed.
What repairs and habitability duties does a Tennessee landlord have? (§ 66-28-304)
The landlord's duties: § 66-28-304 (URLTA counties)
In a URLTA county, the landlord shall (§ 66-28-304(a)):
1. Comply with the requirements of applicable building and housing codes materially affecting health and safety (§ 66-28-304(a)(1)) — the code duty controls where greater (§ 66-28-304(b));
2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition (§ 66-28-304(a)(2));
3. Keep all common areas of the premises in a clean and safe condition (§ 66-28-304(a)(3)); and
4. In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste from common points of collection (§ 66-28-304(a)(4)).
Possession must be delivered at commencement in compliance with the agreement and § 66-28-304 (§ 66-28-303). Delegation is narrow: the parties may agree in writing that the tenant perform specified repairs or maintenance — only in good faith and not to evade the landlord's obligations, and performance may not be made a condition of the rental agreement (§ 66-28-304(c)–(d)). An "as-is, tenant repairs everything" clause is evasion on its face, and § 66-28-201(a) voids any waiver of chapter rights.
In non-URLTA counties there is no § 66-28-304: repair obligations rest on the lease, any applicable local housing code, and common-law duties — the written lease and the local code do all the work there. Do not quote URLTA duties to a non-URLTA tenant, or non-URLTA freedom to a URLTA tenant.
The tenant's duties: § 66-28-401
The tenant shall (§ 66-28-401): (1) comply with tenant obligations under building and housing codes materially affecting health and safety; (2) keep the occupied part of the premises as clean and safe as its condition at possession; (3) dispose of waste to the designated collection areas and receptacles; (4) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or permit anyone else to do so, and not engage in illegal conduct on the premises; and (5) act, and require others present with the tenant's consent to act, so as not to disturb the neighbours' peaceful enjoyment. These duties are the measuring stick twice over: their material health-and-safety breach drives the § 66-28-505 notices and the § 66-28-506 cure-and-bill remedy, and every damage listing is measured against duty (2)'s baseline — the condition at possession.
Tenant remedies, stated precisely: §§ 66-28-501, 66-28-502, 66-28-503
General noncompliance — § 66-28-501. The tenant may recover damages, obtain injunctive relief, and recover reasonable attorney's fees for any noncompliance with the agreement or the chapter, upon giving fourteen (14) days' written notice (§ 66-28-501(a)). If the agreement is terminated for noncompliance after sufficient notice, the landlord returns all prepaid rent and security deposits recoverable under § 66-28-301 (§ 66-28-501(b)). Treat maintenance correspondence as a legal inbox — date-stamped, answered in writing, worked inside 14 days.
Failure to supply essential services — § 66-28-502. If the landlord deliberately or negligently fails to supply essential services, the tenant gives written notice specifying the breach and may elect one of (§ 66-28-502(a)(1)): (A) procure the services and deduct their actual and reasonable costs from the rent; (B) recover damages based on diminution in fair rental value, if still occupying; or (C) procure reasonable substitute housing, excused from rent for the period — plus the substitute housing's actual and reasonable value, and in any case reasonable attorney's fees. "Essential services" means utility services, including gas, heat, and electricity, and any other landlord obligation materially affecting health and safety (§ 66-28-502(a)(3)). A tenant proceeding here may not also proceed under § 66-28-501 or § 66-28-503 for that breach, and the rights arise only after written notice, never for a tenant-caused condition (§ 66-28-502(b)–(c)).
Fire or casualty — § 66-28-503. If fire or casualty damages the unit so that its use is substantially impaired, the tenant may vacate and terminate on the section's terms.
The repair-and-deduct correction
Say it plainly, because the old page said the opposite: Tennessee's URLTA contains no general repair-and-deduct remedy. No provision authorizes a tenant to hire a repairer and deduct $500 or half a month's rent, whichever is greater — that formula belongs to other states' statutes. The § 66-28-502(a)(1)(A) deduction is for procuring the essential service itself, measured by its actual and reasonable cost, after written notice — not for commissioning repairs. Everything else runs through § 66-28-501. Chapter 28 likewise contains no rent-withholding or rent-escrow remedy. A tenant who "repairs and deducts" outside § 66-28-502 is, on the text, simply short on rent — answer a deduction notice in writing against §§ 66-28-501 and 66-28-502 rather than conceding a remedy the chapter does not contain.
How much notice must a Tennessee landlord give before entering? (§ 66-28-403 and the remedies in § 66-28-513)
Tennessee's entry statute is consent-based; the old page's flat "24 hours' notice required" misdescribes it in both directions.
- Consent (§ 66-28-403(a)). The tenant shall not unreasonably withhold consent to entry to inspect, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the premises to prospective or actual purchasers, mortgagees, workers, or contractors. Prospective tenants are not in this list — they are handled in subsection (e)(5).
- Emergency (§ 66-28-403(b)). Entry without consent in case of emergency — a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.
- Utilities off (§ 66-28-403(c)). Where no known emergency exists but utilities have been turned off through no fault of the landlord, the landlord may enter to inspect for, and repair, damage resulting from the lack of utilities.
- No abuse (§ 66-28-403(d)). The landlord shall not abuse the right of access or use it to harass the tenant.
- The closed list (§ 66-28-403(e)). The landlord has no right of access except: (1) by court order; (2) as permitted by § 66-28-403 itself, § 66-28-506 (cure-and-bill), and § 66-28-507(b) (abandonment); (3) on abandonment or surrender; (4) if the tenant is deceased, incapacitated, or incarcerated; or (5) within the final thirty (30) days before termination, to show the premises to prospective tenants — provided the right is set out in the rental agreement and notice is given at least twenty-four (24) hours before entry.
That proviso is the only 24-hour notice rule in Tennessee entry law, conditional twice over: final 30 days, and only if your lease grants the showing right. For every other routine entry the operative standard is consent, not to be unreasonably withheld — so the practical system is a lease clause setting a notice convention (24 hours is the sensible market standard), a written notice each time, and a log. Outside subsection (e)(5), the 24-hour convention is your lease term, not a Tennessee statute.
Remedies both ways (§ 66-28-513). If the tenant refuses lawful access, the landlord may obtain injunctive relief or terminate, with actual damages and reasonable attorney's fees (§ 66-28-513(a)). If the landlord makes an unlawful entry, a lawful entry in an unreasonable manner, or repeated harassing demands, the tenant may obtain injunctive relief or terminate, with the same damages and fees (§ 66-28-513(b)). Log every entry — date, basis, notice, time in and out. In non-URLTA counties § 66-28-403 does not apply: put the full entry convention in the written lease.
Abandonment: § 66-28-507
URLTA supplies two routes; choosing the wrong one converts a clean abandonment into an unlawful-ouster claim under § 66-28-504.
Route A — the presumption (§ 66-28-507(a)). The tenant's unexplained or extended absence for thirty (30) days or more without payment of rent is prima facie evidence of abandonment, expressly authorizing the landlord to reenter and take possession. The presumption can be rebutted — document the absence, the nonpayment, and the indicia first.
Route B — the notice procedure (§ 66-28-507(b)). Where the facts are shorter or murkier — the pattern the statute builds around is a tenant at least 15 days behind on rent with other signs of abandonment — the landlord posts and mails a written notice stating: (A) the belief of abandonment; (B) the intent to reenter unless the tenant makes contact within ten (10) days of the posting and mailing; (C) the intent, absent contact, to remove any remaining possessions and rerent; and (D) the intent to dispose of unreclaimed possessions within thirty (30) days of taking possession of them, under subsection (c). The notice must include a telephone number and a mailing address (§ 66-28-507(b)(3)). Absent contact within the ten days, the landlord may reenter; if the tenant contacts and intends to remain, ordinary termination and judicial process are required (§ 66-28-507(b)(4)).
The property (§ 66-28-507(c)). On either route, possessions are stored for not less than thirty (30) days for reclaim; if unreclaimed, the landlord may sell or dispose of them and apply the proceeds to unpaid rents, damages, storage fees, sale costs, and attorney's fees, holding any balance for six (6) months after the sale. Photograph and inventory everything on entry. In non-URLTA counties there is no § 66-28-507 — abandonment is a fact question under the lease and common law — but the safe course (notice, documented indicia, stored property, or a detainer warrant where contested) is the same in practice.
Retaliation: § 66-28-514
Tennessee's retaliation section is narrower than the national summaries suggest. A landlord may not retaliate by increasing rent, decreasing services, or bringing or threatening an action for possession because the tenant (§ 66-28-514(a)): (1) has complained to the landlord of a violation under § 66-28-301 — the deposit section; or (2) has made use of remedies provided under this chapter. Note the limits: the protected complaint runs to the landlord about a § 66-28-301 violation — the section does not, in terms, cover complaints to a codes department, and it states no lookback window. Do not import a one-year or six-month rule from other states. A possession action filed on the heels of any complaint will still be litigated on motive, and the § 66-28-516 good-faith duty applies.
The exceptions preserve the meritorious case (§ 66-28-514(b)(1)): possession may still be sought if (A) the code violation was caused primarily by the tenant side's lack of reasonable care; (B) the tenant is in default in rent; or (C) code compliance requires alteration, remodeling, or demolition that would effectively deprive the tenant of use. Maintaining the action does not release liability under § 66-28-501(b) (§ 66-28-514(b)(2)). With no window to wait out, keep a ledger, inspection record, or market basis for the increase that predates the complaint.
Victims of domestic abuse: § 66-7-109(e)
Where domestic abuse, as defined in § 36-3-601, is the underlying offence for a termination, only the perpetrator may be evicted: the landlord shall not evict victims, minor children under 18, or innocent occupants based solely on the abuse, and the perpetrator remains financially liable even if evicted (§ 66-7-109(e)(1)). The landlord may remove the perpetrator from the lease and require the remaining adults to qualify for a new agreement (§ 66-7-109(e)(2)). The protection is conditioned: the remaining tenants must agree in writing not to allow the perpetrator to return and to report any return — a violation is cause to terminate as to all (§ 66-7-109(e)(3)); the rights arise only once the victim holds a judicial order of protection for the specific incident, a copy has been given to the landlord, and the order contains one of the listed move-out, stay-away, or jeopardy findings (§ 66-7-109(e)(4)); non-compliance or dismissal abrogates the rights (§ 66-7-109(e)(5)); they do not apply where the perpetrator is a child or dependent of a tenant (§ 66-7-109(e)(6)); and nothing bars evicting a victim for nonpayment or an independent lease violation (§ 66-7-109(e)(7)). Route any abuse-related termination through counsel.
Squatters and unauthorized occupants: § 29-18-135
Since July 1, 2024 (House Bill 1259), Tennessee has had an expedited, non-judicial removal route for true squatters — persons who were never tenants — at § 29-18-135. The owner or authorized agent files a verified complaint with the county sheriff. The conditions are cumulative: a residential dwelling; an unauthorized person who unlawfully entered and remains; the property was not open to the public at entry; the owner has directed the person to leave; the person is not a current or former tenant and not an immediate family member of the owner; and no pending litigation. The sheriff serves a notice to vacate and restores possession — in days rather than the detainer docket's weeks — and may stand by while the owner changes locks and removes the occupant's property.
The limits matter as much as the speed: the route is never available against a current or former tenant — a holdover goes through § 66-28-512(c) and the detainer warrant — and a disputed claim of tenancy or family relationship takes the case back into court. Misusing the sheriff complaint against someone who is in fact a tenant recreates the unlawful-ouster exposure of §§ 66-28-504 and 66-28-511.
Discrimination: the Tennessee Human Rights Act, § 4-21-601
The federal Fair Housing Act applies in full. The state layer — Part 6 of the Tennessee Human Rights Act — makes it a discriminatory practice, because of race, color, creed, religion, sex, disability, familial status, or national origin, to refuse to sell or rent after a bona fide offer, to discriminate in rental terms or connected services, to refuse to receive or transmit a bona fide offer, or to represent a unit as unavailable when it is available (§ 4-21-601(a)). Against the federal seven, Tennessee adds one class: creed. It does not add source of income, age, or sexual orientation — no such class appears in § 4-21-601, and contrary summary claims were checked and not verified. Exemptions in § 4-21-602 are narrow — an owner-occupied building of not more than two families, a single room in an owner-occupied accommodation, religious-organization and single-sex dormitory provisions — and are litigated exceptions, never a screening policy. Screen every applicant against the same written criteria: see tenant screening and the fair housing guide.
Read the statute yourself
Every number in this guide comes from the codified text:
- Tenn. Code § 66-28-301 (security deposits) — Justia's mirror of the official code
- Tenn. Code § 66-28-201 (terms and conditions) — Justia
- Tenn. Code § 66-28-505 (tenant noncompliance; failure to pay rent) — Justia
- Tenn. Code § 66-7-109 (non-URLTA termination notices) — Justia
- Tenn. Code § 4-21-601–602 (fair housing) — Justia
- Self-Help Center — Tennessee Administrative Office of the Courts — the judiciary's own forms and guidance for court process, including the general sessions courts where Tennessee evictions are heard.
Amendment check, 2023–2026. Three enacted changes matter. (1) 2024 Public Chapter 907 rewrote § 66-28-302(a) to add the maintenance telephone number, email address, or online-portal disclosure, effective January 1, 2025, for agreements entered into, amended, or renewed on or after that date. (2) House Bill 1259 (2024), effective July 1, 2024, created the § 29-18-135 squatter-removal complaint. (3) 2023 Public Chapter 400 added § 66-7-109(i)'s 60-day protection for older tenants in federally assisted facilities facing development-driven evictions. No enacted amendment changed § 66-28-301, § 66-28-201(d), or § 66-28-505 — their History lines end in 2019 or earlier — and bills proposing larger changes, including statewide URLTA extension, were not enacted. If a blog or form vendor disagrees with the codified text, the codified text wins.
The bottom line
Know which Tennessee you are in. In a URLTA county: no deposit cap, and no return deadline either — instead a dedicated account with its location disclosed at signing (§ 66-28-301(a), (h)), a joint move-out inspection on the day of vacatur or within four calendar days producing a signed, conclusive listing (§ 66-28-301(b)), forfeiture of the right to retain if either leg fails (§ 66-28-301(c)), a refund notice with a 60-day unclaimed-refund rule (§ 66-28-301(f)), and a damage-discovery window closing at the earlier of 30 days or seven days after re-rental (§ 66-28-301(g)). Add a 10% late-fee cap after a five-day grace period (§ 66-28-201(d)); 14-day cure-or-terminate notices with a 7-day repeat rule (§ 66-28-505); a 3-day violence track (§ 66-28-517); 30 days to end a month-to-month tenancy (§ 66-28-512(b)); consent-based entry whose only 24-hour rule is the final-30-days showing (§ 66-28-403(e)(5)); no general repair-and-deduct (§§ 66-28-501, 66-28-502); and the 2025 maintenance-contact disclosure (§ 66-28-302(a)). Outside URLTA, § 66-7-109 and the lease govern. Everywhere, possession changes hands only on a detainer warrant.
A ten-step Tennessee compliance checklist
- 1. Check the county first — over 75,000 population (2010 or a subsequent census) means Chapter 28 governs; otherwise § 66-7-109 and the lease do.
- 2. Open the dedicated deposit account before the first deposit arrives, and put its location in the lease packet at signing — skipping the account or the listing forfeits every deduction (§ 66-28-301(a), (c), (h)).
- 3. Deliver the complete § 66-28-302 disclosure in writing at or before commencement — manager and owner/agent names and addresses, plus a maintenance phone number or email, or an online portal (2024 Public Chapter 907).
- 4. Scrub the lease against the chapter — no waiver of chapter rights (§ 66-28-201(a)); the fire-and-casualty insurance notice; the § 66-28-301(b)(1)(A) no-show waiver sentence; the § 66-28-403(e)(5) showing clause; any § 66-28-505(b) waiver in 12-point bold or larger.
- 5. Honour the late-fee statute — five-day grace counting the due date, Sunday/holiday extension, hard cap of 10% of the amount past due (§ 66-28-201(d)).
- 6. Diary the move-out the day notice lands — inspection-right notice within five days; joint inspection on vacatur day or within four calendar days; signed listing with estimates (§ 66-28-301(b)).
- 7. Close the deposit file on the statute's clocks — apply the deposit to unpaid rent (§ 66-28-301(e)); send the refund notification; finish the deep inspection before the earlier of 30 days after vacatur or seven days after a new tenant's possession (§ 66-28-301(f)–(g)).
- 8. Serve termination notices by track, and prove receipt — URLTA: 14 / 14 / 7 / 3 days (§§ 66-28-505, 66-28-517). Non-URLTA: 14 / 30 / 3 days (§ 66-7-109). Accept rent mid-termination only expressly for use and occupancy (§ 66-28-508).
- 9. Enter on consent, and log it — showings only inside the final-30-days lease clause on 24 hours' notice; a dated log for every visit (§§ 66-28-403, 66-28-513).
- 10. Treat every repair notice as a 14-day legal clock, and never touch locks or utilities — possession moves only on a detainer warrant; self-help costs actual and punitive damages plus fees (§§ 66-28-501, 66-28-504, 66-28-511).
FAQ
Does Tennessee's URLTA apply to my rental?
Only if the property is in a county with a population of more than 75,000, according to the 2010 federal census or any subsequent federal census (§ 66-28-102(a)). Elsewhere termination notices come from § 66-7-109, and deposits, entry, and repairs rest on the lease, local codes, and common law. The detainer procedure (Title 29, Chapter 18) and the Human Rights Act apply statewide either way. Institutional, contract-of-sale, transient, condominium-owner, and primarily agricultural occupancy are excluded even in covered counties (§ 66-28-102(c)).
How much security deposit can a Tennessee landlord charge?
As much as the market will bear — § 66-28-301 sets no maximum and no ceiling. It regulates the machinery instead: a dedicated account (§ 66-28-301(a)), notice of the account's location at signing (§ 66-28-301(h)), and the joint-inspection listing (§ 66-28-301(b)). Fail the machinery and § 66-28-301(c) forfeits the right to retain any of it. Check a planned deposit against Tennessee's no-cap rule with the Security Deposit Max Checker, which returns a compliant or over-the-limit verdict for the amount and state you enter.
How long does a Tennessee landlord have to return a security deposit?
The statute sets no return deadline — "30 days" misreads § 66-28-301(g), the window for discovering additional damage (the earlier of 30 days after vacatur or seven days after a new tenant takes possession). What § 66-28-301 requires is the inspection and signed listing, application of the deposit to unpaid rent (subsection (e)), and — where no rent is owed and a refund is due — notification of the amount to the last known or reasonably determinable address; no response within 60 days, and the landlord may retain it (subsection (f)). Pay promptly and document the mailing.
What happens if a Tennessee landlord skips the separate account or the damage listing?
Forfeiture: under § 66-28-301(c), a landlord may retain no portion of a deposit if it was not placed in the account subsection (a) requires and a listing was not provided as subsection (b) requires. There is no bad-faith multiplier. A tenant disputing the listing may sue in circuit or general sessions court, limited to items specifically dissented from in writing (§ 66-28-301(d)).
How does the Tennessee move-out inspection work?
Within five days after the tenant's written notice of intent to vacate (or the landlord's request to vacate), the landlord may notify the tenant of the right to be present. The inspection occurs after complete vacatur — that day or within four calendar days after — and produces a comprehensive listing of presently ascertainable damage with estimated costs, signed by both parties; the signatures are conclusive evidence of accuracy, except for later-discovered damage under subsection (g). A tenant who refuses to sign must dissent in writing on specific items. A tenant who was notified, scheduled, and failed to attend waives the right to contest the findings — if the lease contains the required waiver notice (§ 66-28-301(b)(1)). Tenants who vacated without written notice, abandoned, were judicially removed, never made contact, or never requested an inspection have no inspection right (§ 66-28-301(b)(2)(B)).
What late fee can a Tennessee landlord charge?
At most 10% of the amount of rent past due, and only after a five-day grace period that begins on — and includes — the due date. If the fifth day falls on a Sunday or a legal holiday, no fee may be imposed if rent is paid on the next business day. The cap covers any charge or fee, however described, for late payment (§ 66-28-201(d)); a lease cannot shorten the grace period or raise the cap (§ 66-28-201(a)).
What notice is required to evict for nonpayment of rent in Tennessee?
In a URLTA county: a written notice specifying the breach, after which the agreement terminates if rent is not paid within 14 days after receipt (§ 66-28-505(a)(2)). A substantially similar recurrence within six months may be terminated on at least seven days' notice (§ 66-28-505(a)(2)(B)). The only shortcut is a lease waiver in 12-point bold or larger, which still preserves the grace period (§ 66-28-505(b)). In a non-URLTA county: 14 days' notice, with an adequate cure before the specified date defeating termination (§ 66-7-109(a)). Either way, possession requires a detainer warrant. To run these same dates for your own case — the 14-day cure window after receipt under § 66-28-505(a)(2), the seven-day repeat-breach notice, and the ten-day appeal window after a detainer judgment under § 29-18-126 — use the Eviction Timeline Calculator.
How much notice ends a month-to-month tenancy in Tennessee?
In a URLTA county, written notice at least 30 days before the periodic rental date specified in the notice, by either party (§ 66-28-512(b)); week-to-week takes at least 10 days (§ 66-28-512(a)). Outside URLTA counties there is no § 66-28-512, and § 66-7-109(b)'s 30 days is an eviction notice for other lease defaults — not a general no-cause rule — so a no-cause ending rests on the lease and general law.
How much notice must a Tennessee landlord give before entering the unit?
There is no general statutory notice period. Entry is consent-based: the tenant must not unreasonably withhold consent for inspection, repairs, services, and showings (§ 66-28-403(a)); entry without consent is allowed in an emergency, or where utilities are off through no fault of the landlord, to inspect and repair resulting damage (§ 66-28-403(b)–(c)). The only 24-hour rule covers prospective-tenant showings within the final 30 days, only where the lease grants that right (§ 66-28-403(e)(5)). A 24-hour lease clause is the practical standard — as a contract term, not a statute.
Can a Tennessee tenant repair a defect and deduct the cost from the rent?
Not as a general remedy — Chapter 28 contains no repair-and-deduct statute and no $500 or half-month's-rent cap. The tenant's remedies are damages, injunctive relief, and fees after 14 days' written notice (§ 66-28-501); and, for a deliberate or negligent failure to supply an essential service, after written notice, procuring the service and deducting its actual and reasonable cost, diminution-in-value damages, or substitute housing rent-free (§ 66-28-502). Procuring the service is deductible; commissioning repairs is not.
Can I change the locks or shut off utilities if the tenant stops paying?
No. A URLTA landlord may not take possession by action or otherwise, including willfully diminishing services by interrupting electric, gas, water, or other essential service, except on abandonment, surrender, or as the chapter permits (§ 66-28-511). A tenant unlawfully removed or cut off may recover possession or terminate, plus actual damages, punitive damages when appropriate, and a reasonable attorney's fee; on termination all prepaid rent and deposits come back (§ 66-28-504). Possession changes hands only on a detainer warrant.
Is it illegal for a Tennessee landlord to retaliate against a tenant?
Yes, within the section's scope: no rent increase, decrease in services, or possession action (or threat) because the tenant complained to the landlord of a § 66-28-301 violation or used remedies under the chapter (§ 66-28-514(a)); the section states no lookback window. Possession may still be sought where the violation was primarily caused by the tenant's lack of reasonable care, where the tenant is in default in rent, or where code compliance requires work effectively depriving the tenant of use (§ 66-28-514(b)). Document the independent ground before you act.
More landlord-tenant law guides
- Landlord-tenant law by state
- Tennessee security deposit law
- South Dakota landlord-tenant law
- Texas landlord-tenant law
- South Carolina landlord-tenant law
- Utah landlord-tenant law
This is general information, not legal advice. Consult a Tennessee landlord-tenant attorney for specific situations.