
As a landlord in Tennessee, it's crucial to understand your legal obligations to ensure compliance with state laws and to maintain a positive relationship with your tenants. Here's a breakdown of the key legal requirements you need to be aware of when renting out property in Tennessee.
1. Lease Agreements
Tennessee law requires that lease agreements between landlords and tenants be in writing for any rental period of over one year. However, even for shorter leases, having a written contract is a best practice to protect both parties. A lease agreement should include essential terms such as rent amount, security deposit, duration of the lease, and both the landlord's and tenant's responsibilities.
2. Security Deposits
Tennessee landlords are allowed to collect a security deposit from tenants, but there are specific rules around handling these deposits. Landlords must:
- Keep security deposits in a separate, dedicated account.
- Provide a written list of damages to the tenant if part or all of the deposit is retained.
- Return the deposit (minus any deductions for damage or unpaid rent) within 30 days of the tenant moving out.
3. Maintenance and Repairs
Landlords are legally required to maintain the rental property in a habitable condition. This means ensuring basic necessities like plumbing, electricity, and heat are functional, and that the property is safe to live in. Tenants have the right to request repairs, and landlords must address these requests within a reasonable timeframe.
4. Rent Increases and Late Fees
There are no statewide rent control laws in Tennessee, meaning landlords can raise the rent as they see fit, provided they give proper notice—usually 30 days for month-to-month tenancies. However, landlords should include rent increase terms in the lease to avoid misunderstandings. As for late fees, Tennessee law caps them at 10% of the unpaid rent, and landlords can only charge them if the fee policy is stated in the lease agreement.
5. Eviction Process
Tennessee has specific rules landlords must follow to evict a tenant, typically for reasons such as nonpayment of rent, lease violations, or illegal activity. The landlord must provide written notice and, if the issue is not resolved, file an eviction lawsuit in court. Self-help evictions (e.g., changing the locks or shutting off utilities) are illegal and can lead to legal penalties.
6. Notice Requirements
For terminating a tenancy, Tennessee law mandates certain notice periods:
- For a month-to-month lease, landlords must give 30 days' notice.
- For week-to-week leases, only 10 days' notice is required.
For any violations, landlords must typically give a 14-day notice to remedy the issue before starting the eviction process.
Conclusion
Understanding these legal obligations helps Tennessee landlords protect their investment while fostering positive landlord-tenant relationships. At Resolutions Law Firm, we provide expert legal guidance on rental laws and assist landlords in navigating any challenges that arise. If you have questions about your rights or obligations as a landlord, reach out to us for tailored legal advice.
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