Tennessee Rental Lease Agreement Templates (8)

Application to Amend Lease: Tenants may use this form to request that an amendment be made to the original lease agreement (the landlord has the final say as to whether or not they will accept the submission).

1.) Identification of the Landlord or Authorized Personnel (§ 66-28-302) – The names and addresses for the owner of the property must be appropriately divulged in the written lease agreement. Any authorized official serving to manage any required action for maintenance on the premises should be listed as well.

2.) Lead-Based Paint (42 U.S. Code § 4852d) – Buildings that have been constructed before 1978 may pose a hazard to any tenant residing on the property because of the possibility of on-site lead-compound paint. Literature disclosing the information on the hazardous impact of exposure should be included within the leasing document.

3.) Property Showings During Tenancy (§ 66-28-403) – To showcase the unit for future tenants during the current tenancy, a clause allowing for entry must be defined in the lease agreement. The landlord must follow regulation to permit the entrance of potential new tenants only during the last month before the lease ends and only with 24 hours advance notice.

Grace Period: Counties under the Uniform Residential Landlord Tenant Act require a 5-day grace period; however, other counties do not (Tenn. Code Ann. § 66-28-201(d)).

Unpaid Rent: Regardless of the type of county, once rent becomes past due, landlords may issue a 14-day pay-or-quit notice. (Tenn. Code Ann. § 66-28-505(a)(1)).

URLTA counties limit late fees to 10% of rent; however, counties with under 75,000 residents (non-URLTA) have no such limit (Tenn. Code Ann. § 66-28-201(d)).

Landlords may recoup up to $30 in non-sufficient funds fees whenever tenants attempt payment with a bad check (TN Code § 47-29-102).

While Tennessee does not limit security deposit amounts, it does require that landlords not comingle it with their operating funds (Tenn. Code Ann. § 66-28-301).

Returning to Tenant: In URLTA counties, landlords send notice of the deposit location to the tenants’ address; however, if the tenant does not respond within 60 days, the landlord retains it (Tenn. Code Ann. § 66-28-301(g)(1)).

Itemized List: Tenants retain the right to mutual inspection (within 4 days of move out) and an accounting of all deductions from the security (Tenn. Code Ann. § 66-28-301).

Standard Entry: Tennessee does not explicitly require notice from landlords; however, it requires landlords to obtain tenant consent before entering (Tenn. Code Ann. § 66-28-403(a)).

Emergency Entry: Landlords do not need to give prior notice or gain consent whenever an emergency requires entry (Tenn. Code Ann. § 66-28-403(a)).

Landlords in ULTRA counties may declare tenant abandonment whenever either:

• The tenant’s rent is delinquent, and they have been absent for at least 30 days without explanation.

or

• The rent is 15 days overdue, and reasonable observations (e.g., multiple pieces of furniture and personal items are missing), the tenant does not answer a 10-day notice (TN Code § 66-28-102).

URLTA counties require landlords to post a 10-day notice of abandonment on the property in addition to mailing it (TN Code § 66-28-405).

Generally, Tennessee does not allow repair and deduct for standard repairs; however, they may pursue a material breach of the lease in court after 14 days’ notice (TN Code § 66-28-501).

Duty to Mitigate: Landlords must lower the damages of lost rent by re-renting the residence rather than letting it remain empty (Tenn. Code Ann. § 66-28-507(c)).

Domestic Violence: Victims issue a notice to terminate and vacate so long as:

• They provide a a copy of a protection order or evidence of a criminal charge (e.g., police report)
• They terminate the lease on a “mutually agreed-upon release date” that is within 30 days of the notice date (TN Code § 66-28-205) (TN Code § 66-28-504)

Active Military: Whenever military service members receive movement orders while in a lease, they terminate the lease, giving 30 days’ notice (50 USC 3955)

Landlord Noncompliance: Tenants give landlords 14 days to cure noncompliance with the lease before terminating accordingly (Tenn. Code Ann. § 66-28-501(a)).

Landlord Harassment: Tenants can use the courts to terminate the agreement or seek injunctive relief whenever landlords repeatedly abuse access (Tenn. Code Ann. § 66-28-403(a)).

Inhabitability: Tennessee tenants use a 14-day notice of noncompliance to quit or terminate whenever landlords maintain habitability ((Tenn. Code Ann. § 66-28-501(a)).

Landlords and tenants can use Tennessee law to enforce oral leases for less than one year (Tenn. Code Ann. § 29-2-101(a)(4)).

Tennessee explicitly restricts local governments from enacting rent control laws on private properties (Tenn. Code Ann. § 66-35-102).

If a tenant abandons property, leaving possessions behind, the landlord must store them for 30 days; however, under a writ of possession, landlords only need to follow the 48-hour curbside rule. (Tenn. Code Ann. § 66-28-405(b)), (TN Code § 29-18-127).

A summation of all mandated regulations on residential rentals can be made available in the Tennessee Uniform Residential Landlord and Tenant Act (§ 66-28-101 – 66-28-521).