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A Tennessee residential lease agreement is a legally binding contract between a landlord and a tenant that outlines the terms of renting a residential property. This agreement includes essential details such as the rental amount, duration of the lease, security deposit requirements, and the responsibilities of both parties.

Required Disclosures

In Tennessee, certain disclosures are mandatory for residential lease agreements:

  1. Landlord Information: The lease must include the name and address of the landlord or authorized agent managing the property. This information facilitates communication regarding any legal notices or issues that may arise.

  2. Lead-Based Paint Disclosure: For properties built before 1978, landlords are required to provide a lead-based paint disclosure form and an EPA-approved pamphlet detailing the risks associated with lead-based paint.

  3. Showings Disclosure: If the landlord intends to show the property to prospective tenants within the last 30 days of the current lease term, this must be explicitly stated in the lease. The landlord must provide at least 24 hours’ notice before entering the property for showings.

Security Deposit Regulations

Tennessee law does not impose a maximum limit on security deposits, allowing landlords to set their own amounts. However, the following rules apply:

  • Returning the Deposit: Landlords must return any owed security deposit within 30 days of the lease termination, provided there are no unpaid rents or damages. If the tenant does not respond within 60 days, they forfeit the remaining balance.

  • Itemized List of Damages: If a tenant requests a mutual inspection at the end of their lease term, the landlord must provide an itemized list of any chargeable damages.

  • Separate Bank Account: Security deposits must be kept in a separate account to ensure proper management and accountability.

Rent Payment Guidelines

Rent payments in Tennessee are governed by specific rules:

  • Grace Period: Tenants have a five-day grace period after the rent due date before a late fee can be charged. If the fifth day falls on a legal holiday or Sunday, the tenant will not incur a late fee until the next business day.

  • Maximum Late Fee: Landlords may charge a late fee of up to 10% of the total rent amount.

  • NSF Fee: If a tenant’s rent check bounces due to insufficient funds, landlords can charge a fee of up to $30.

Landlord’s Right of Entry

Landlords in Tennessee have the right to enter rental properties under certain conditions:

  • General Access: While there is no specified minimum notice period for landlord entry, it is advisable for landlords to provide notice and obtain tenant consent. Landlords must not abuse their access privileges.

  • Emergency Access: Landlords can enter the property without consent in emergencies or to inspect for damages if utilities have been unexpectedly shut off.

Breaking a Lease

When it comes to breaking a lease, Tennessee law provides the following guidelines:

  • Non-Payment of Rent: If a tenant fails to pay rent, the landlord can issue a 14-day notice requiring payment. If the tenant fails to pay rent a second time within six months, the landlord may send a 7-day notice to terminate the lease.

  • Non-Compliance: Tenants have 14 days to remedy any lease violations after receiving a notice. A second violation within six months allows the landlord to terminate the lease with a 7-day notice.

  • Tenant Responsibilities: Tenants must adhere to building and housing codes, maintain cleanliness and safety, properly dispose of waste, and avoid disturbing other tenants.

  • Lockouts: Landlords cannot prevent tenants from accessing their rental property.

  • Leaving Before Lease End: If a tenant vacates before the lease ends, the landlord can regain possession after 30 days without receiving rent. The landlord is required to attempt to re-rent the property if the tenant abandons it.

Lease Termination

The process for terminating a lease in Tennessee varies based on the type of tenancy:

  • Month-to-Month Tenancy: A 30-day notice is required from either party to terminate a month-to-month lease.

  • Unclaimed Property: Any property left behind by a tenant must be held for 30 days by the landlord. After this period, the landlord may dispose of or sell the property if it is not reclaimed.

FAQs

In Tennessee, landlords must provide three key disclosures in a residential lease agreement: the name and address of the landlord or authorized agent, a lead-based paint disclosure for properties built before 1978, and a right to enter for showings disclosure if the landlord intends to show the property within the last 30 days of the lease term.

Tennessee law does not establish a maximum limit for security deposits, allowing landlords to charge any amount they deem appropriate. However, the security deposit must be returned to the tenant within 30 days of the lease termination, provided there are no unpaid rents or damages.

In Tennessee, landlords are required to return a tenant’s security deposit within 30 days after the end of the tenancy, unless there are deductions for unpaid rent or damages. If deductions are made, landlords must provide an itemized list of those deductions.

Tennessee law provides a five-day grace period for late rent payments. This means landlords cannot charge a late fee until five days after the rent due date, and if the fifth day falls on a holiday or Sunday, the tenant will not incur a late fee until the next business day.

In Tennessee, landlords may enter a rental property without prior notice in emergency situations. However, for non-emergency situations, it is advisable for landlords to provide reasonable notice to tenants, although there is no specific minimum notice period mandated by law.

If a tenant leaves personal property behind after vacating a rental unit in Tennessee, the landlord must hold the property for 30 days. After this period, if the property is not claimed, the landlord may dispose of it or sell it.

In Tennessee, landlords can charge a maximum late fee of 10% of the total rent amount if payment is not received on time. Additionally, landlords must provide a five-day grace period before imposing any late fees.

Yes, a written lease agreement is required in Tennessee for leases longer than one year. While oral leases can be valid for shorter terms, having a written agreement helps clarify the terms and protects both parties.