Tennessee Laws for Landlord Rights
In Tennessee, landlord rights can vary by county, but all landlords must comply with the federal anti-discriminatory housing laws prohibiting discriminatory treatment from landlords against their tenants based on race, disability, family status, religion, gender and national origin.
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Tennessee Uniform Residential Landlord and Tenant Act
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The Tennessee Landlord and Tenant Act only applies to counties within the state with more than 68,000 residents. Counties with less than 68,000 local residents that have not adopted the act can determine the legal rights between landlords and their tenants.
Maintaining Separate Accounts
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Under the Tennessee Landlord and Tenant Act, landlords must maintain separate accounts and cannot commingle their personal funds with their tenants' security deposits. After tenants vacate their apartments, landlords must compile a comprehensive written list of damages before they repair or clean their apartments. They must estimate the costs of repairing any damages and provide their tenants with the right to independently inspect their units to verify the accuracy of their lists. Landlords can deduct from their tenants' security deposits for damages beyond reasonable wear and tear within a reasonable period. Tennessee landlords have no legal bailment duties to safe-keep their tenants' unclaimed security deposits if their former tenants have not provided them with a forwarding address. After 60 days, they can keep their deposits if they have no information as to where to send their deposits. They may also apply their deposits toward unpaid rent payment after 30 days of providing them with their written itemization.
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Rights to Access and Entry
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Landlords may request access to their tenants' apartments to provide necessary repairs or to show their homes to prospective renters. They have legal rights against tenants who do not provide consent by filing lawsuits for injunctive relief and demand immediate access. Landlords have rights to immediate access without having to notify their tenants during emergencies.
Right to Evict
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Landlords can evict tenants who breach their leases if they entered into written lease agreements with them. Landlords can evict their tenants for any reason if they have no lease agreement with them, but they may not violate the fair housing laws requiring anti-discriminatory rental practices. Landlords must provide their tenants with at least 30 days of written notice prior to evicting them if their tenants have not violated their lease agreement. Landlords can provide 14 days of written notice to tenants who are behind in their rent payments or committed lease violations. However, Tennessee provides tenants with the rights to remain in their homes if they can correct their violations or pay their past-due rent.
Considerations
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Since real estate laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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