Tennessee Residential Lease Agreement

Tennessee Residential Lease Agreement

Generate a comprehensive lease agreement compliant with Tennessee rental laws

Property Information
Landlord Information
Tenant Information
Lease Terms
Rent and Fees
Utilities and Services
Pet Policy
Parking
Occupancy and Use
Maintenance and Repairs
Additional Terms

Important Information for Tennessee Landlords

⚠️ Legal Notice: This lease generator provides a basic template. Tennessee has specific rental requirements under state statutes. Always consult with a qualified attorney to ensure your lease complies with all current federal, state, and local laws.

Tennessee Rental Law Highlights

Security Deposits (Tenn. Code Ann. § 66-28-301)

  • Maximum Amount: No statutory limit (market determines)
  • Return Timeline: 30 days after tenant vacates (Tenn. Code Ann. § 66-28-301)
  • Itemized Statement: Required if any deductions are made
  • Interest Required: No statutory requirement to pay interest
  • Move-In Inspection: Strongly recommended to document condition
  • Normal Wear and Tear: Cannot deduct for ordinary deterioration
  • Penalties: Actual damages plus one month’s rent or double the deposit (whichever is greater) for bad faith withholding (Tenn. Code Ann. § 66-28-301(d))

Rent and Rent Increases (Tenn. Code Ann. § 66-28-201, 66-28-512)

  • Grace Period: 5-day grace period before late fees (Tenn. Code Ann. § 66-28-201(d))
  • Late Fees: Maximum 10% of rent after 5-day grace period (Tenn. Code Ann. § 66-28-201(d))
  • NSF Fee: Maximum $30 (Tenn. Code Ann. § 47-29-101)
  • Rent Increase Notice: 30 days for month-to-month tenancies (Tenn. Code Ann. § 66-28-512)
  • Fixed Term: Cannot increase rent during lease term unless specified
  • No Rent Control: Tennessee does not have rent control laws

Required Disclosures (Tenn. Code Ann. § 66-28-302, 66-28-520)

💡 Important: Tennessee has specific disclosure requirements. This form does not include all required disclosures. You must separately provide:
  • Lead paint disclosure (pre-1978 properties) – Federal requirement
  • Landlord’s or authorized agent’s name and address (Tenn. Code Ann. § 66-28-302)
  • Move-in condition documentation (strongly recommended)
  • Methamphetamine contamination disclosure (Tenn. Code Ann. § 68-212-502) if applicable
  • Smoke detector and carbon monoxide detector information

Eviction and Termination (Tenn. Code Ann. § 66-28-505, 66-28-512)

  • 14-Day Notice: For nonpayment of rent (Tenn. Code Ann. § 66-28-505(a))
  • 14-Day Notice: For lease violations with right to cure (Tenn. Code Ann. § 66-28-505(b))
  • 3-Day Notice: For uncorrectable violations (waste, nuisance, illegal activity) (Tenn. Code Ann. § 66-28-505(c))
  • 30-Day Notice: To terminate month-to-month tenancy (Tenn. Code Ann. § 66-28-512)
  • Court Process Required: Must file detainer warrant in general sessions court
  • No Self-Help: Lockouts and utility shutoffs are illegal (Tenn. Code Ann. § 66-28-504)

Landlord Obligations (Tenn. Code Ann. § 66-28-304)

  • Habitability: Must maintain premises in fit and habitable condition (Tenn. Code Ann. § 66-28-304)
  • Essential Services: Heat, water, hot water, electricity must be functional
  • Compliance: Must comply with applicable building and housing codes (Tenn. Code Ann. § 66-28-304)
  • Structural Integrity: Maintain in safe condition
  • Smoke Detectors: Required in all dwelling units (Tenn. Code Ann. § 68-102-143)
  • Carbon Monoxide Detectors: Required in units with fuel-burning appliances (Tenn. Code Ann. § 68-102-144)
  • Common Areas: Keep clean and in good repair
  • Repairs: Make necessary repairs within reasonable time

Entry Requirements (Tenn. Code Ann. § 66-28-403)

  • Notice Required: No specific statutory requirement; reasonable notice customary (24 hours)
  • Reasonable Times: Entry during reasonable hours only
  • Emergency Exception: May enter without notice in emergency
  • Permitted Purposes: Inspection, repairs, showing to buyers/tenants

Tenant Rights and Protections (Tenn. Code Ann. § 66-28-501 et seq.)

  • Quiet Enjoyment: Right to peaceful possession without interference
  • Privacy Rights: Reasonable notice before entry (customary)
  • Security Deposit Protection: One month’s rent or double deposit for bad faith
  • Repair Rights: Limited statutory repair remedies (Tenn. Code Ann. § 66-28-502)
  • Retaliation Protection: Limited protections (Tenn. Code Ann. § 66-28-514)
  • Military Service: SCRA protections for active duty members

Tennessee-Specific Considerations

5-Day Grace Period and 10% Late Fee Cap (Tenn. Code Ann. § 66-28-201(d))

  • 5-day grace period before late fees can be charged
  • Maximum late fee of 10% of rent
  • One of few states with statutory late fee limits
  • Must be specified in written lease
  • Protects tenants from excessive fees

$30 NSF Fee Maximum (Tenn. Code Ann. § 47-29-101)

  • Maximum $30 for returned check or dishonored payment
  • Statutory limit on NSF fees
  • Lower than many states

30-Day Security Deposit Return (Tenn. Code Ann. § 66-28-301)

  • 30 days to return deposit with itemization
  • Must provide itemized statement if deductions made
  • One month’s rent or double deposit penalty for bad faith
  • Substantial penalty for wrongful withholding

14-Day Eviction Notices (Tenn. Code Ann. § 66-28-505)

  • 14 days notice for both nonpayment and violations
  • Right to cure for correctable violations
  • 3 days for uncorrectable violations (waste, nuisance, illegal activity)
  • Balanced framework between landlord and tenant

Methamphetamine Contamination Disclosure (Tenn. Code Ann. § 68-212-502)

  • Must disclose if property used for meth production
  • Required disclosure for contaminated properties
  • Significant health and safety issue
  • Unique requirement in some southern states

Fair Housing Requirements

⚠️ Discrimination: Cannot discriminate based on race, color, religion, sex, familial status, national origin, or disability under Tennessee law (Tenn. Code Ann. § 4-21-601 et seq.).

Best Practices for Tennessee Landlords

  • Use comprehensive written leases for all tenancies
  • Conduct thorough move-in and move-out inspections with photos
  • Document property condition extensively
  • Return deposits within 30 days with itemization (required by law)
  • Honor 5-day grace period before charging late fees (required by law)
  • Limit late fees to 10% of rent (required by law)
  • Limit NSF fees to $30 (required by law)
  • Disclose methamphetamine contamination if applicable (required by law)
  • Provide landlord’s name and address (required by law)
  • Keep detailed records of all transactions and communications
  • Respond promptly to repair requests
  • Maintain property to comply with housing codes
  • Install and maintain working smoke and CO detectors
  • Never use self-help eviction methods
  • Follow proper court procedures for evictions

Tennessee Climate Considerations

  • Four Seasons: Mild winters, hot humid summers
  • High Humidity: Summer humidity high; A/C essential
  • Temperature Range: 20°F to 95°F typical range
  • Severe Weather: Tornadoes, thunderstorms, occasional ice storms
  • Varied Geography: Mountains in east, plains in west

Nashville and Memphis Urban Considerations

  • Local Ordinances: Additional requirements in cities
  • Rental Registration: Some cities may require registration
  • Certificate of Occupancy: May be required in some jurisdictions
  • Lead Paint: Present in older housing; proper disclosure critical
  • Rental Inspections: Some cities require inspections

Rural Property Considerations

  • Well Water: Landlord typically maintains well system
  • Septic Systems: Clarify maintenance responsibilities
  • Propane: Specify who pays and maintains
  • Private Roads: Specify maintenance responsibilities
  • Distance to Services: Remote locations; specify emergency procedures

Resources

  • Tenn. Code Ann. – Title 66, Chapter 28 (Residential Landlord and Tenant Act)
  • Tennessee Department of Commerce and Insurance
  • Tennessee Legal Aid
  • General Sessions Courts (for detainer warrants)
  • Tennessee Apartment Association
⚠️ Disclaimer: This tool provides a template for informational purposes only and does not constitute legal advice. Tennessee has specific landlord-tenant laws under Tenn. Code Ann. Title 66, Chapter 28 including security deposit provisions (30-day return with itemization, one month’s rent or double deposit penalty for bad faith withholding, no statutory maximum), 5-day grace period before late fees (Tenn. Code Ann. § 66-28-201(d)), 10% maximum late fee after grace period (Tenn. Code Ann. § 66-28-201(d)), $30 maximum NSF fee (Tenn. Code Ann. § 47-29-101), 14-day eviction notices for nonpayment and violations with right to cure, 3-day notice for uncorrectable violations, 30-day month-to-month termination, landlord name and address disclosure requirement, methamphetamine contamination disclosure if applicable, and comprehensive habitability provisions. This form does not include all required Tennessee disclosures. Consult with a qualified Tennessee real estate attorney to ensure full compliance with all applicable federal, state, and local laws.