What a Landlord Cannot Do in Tennessee: Essential Tenant Rights

Tennessee landlords have tremendous opportunities for passive income and lowered taxes. Tennessee law favors landlords, but this doesn’t mean they can do whatever they want. That’s why we’ve made a quick guide on what a landlord cannot do in Tennessee so interested parties can weigh their options.

#1: A Landlord Can’t Evict a Service Member on Active Duty

Not paying rent is usually a sound reason for lease termination and eviction. However, Tennessee landlords should take a step back when the tenant is an active-duty military member.

The Servicemembers Civil Relief Act, or SCRA, prohibits landlords from evicting a military tenant because of non-payment of rent. The eviction process can only push through if the landlord secures a court order.

However, it must be highlighted that this SCRA protection only applies to military tenants who don’t pay rent on time. A material breach of the lease agreement, like owning pets even though it’s prohibited or deliberately damaging the property, is a valid reason to proceed with eviction.

#2: A Rental Agreement in Tennessee Should Be Detailed

Landlords have the freedom to choose a written or verbal rental agreement, but they must ensure the contract abides by state laws. The lease agreement should contain specific details, including property description, payment expectations, lease terms, and maintenance responsibilities.

These portions should align with laws in Tennessee. Tennesee landlords should use state-specific, attorney-approved templates to avoid potential legal dilemmas. Written lease agreements are also recommended to ensure all parties abide by Tennessee rental laws.

#3: Security Deposits Aren’t Required According to Tennessee Landlord-Tenant Laws

Did you know that a security deposit isn’t a must in Tennessee? Still, it is recommended that Tennessee landlords collect one to cover unexpected expenses.

There is no limit on how much Tennessee landlords can ask from tenants. However, the security deposit should be reasonable; this equates to a month’s rent in most cases.

The security deposit is expected to be returned at least 30 days after the tenant leaves the premises. However, landlords in Tennessee can deduct from this amount should there be any unpaid rent, damages beyond the usual wear and tear, and other lease violations. The landlord should document these deductions for the tenant’s reference.

The tenant has 60 days to respond to the security deposit return. They give up the right to collect the money if they don’t.

#4: Retaliation is Prohibited in the State

A landlord-tenant relationship is built on trust and respect. Tenant requests should be addressed promptly. Landlord-tenant laws stipulate landlords cannot retaliate when tenants uphold their rights. Tenant rights include withholding rent if the landlord fails to make necessary repairs or reporting them to the local health board for any violations.

According to Tennessee landlord-tenant laws, what actions count as retaliation? These include increasing rent, tenant eviction, lease termination, and decreasing the tenant’s access to amenities. A uniform residential landlord who commits any of these actions might be liable to pay the tenant one month’s rent plus $500, a reasonable moving fee, attorney expenses, and injunctive relief.

#5: Discrimination Isn’t Allowed

According to Fair Housing laws, Tennessee landlords aren’t permitted to discriminate against potential and current tenants based on their disability, religion, national origin, sex, race, or color. Acts of discrimination include providing different services to specific tenants, creating special rules and conditions for certain tenants, making the property unavailable to some people, and harassing people.

What can a tenants who do if they feel discriminated against? They can seek assistance through a federal court or the U.S. Department of Housing and Urban Development (HUD). Landlords that violate Tennessee Landlord-Tenant laws may be subjected to civil penalty payments, attorney’s fees beyond reason, equitable relief, and compensation for damage.

#6: Eviction Should Have a Just Cause

Landlords can’t evict tenants from a rental property for no good reason. Among the acceptable reasons to evict a tenant are late rent payments, whether the tenant violates the lease agreement, whether the tenant fails to vacate the premises after the lease expires, or whether the tenant doesn’t uphold their legal responsibilities.

If the landlord evicts the tenant without plausible cause, the landlord may be subject to paying the equivalent of one to three months’ rent, moving fees, injunctive relief, and attorney fees.

#7: Sudden Rent Increases are a No-No

Tennessee landlords aren’t allowed to increase rent payments whenever they want. Generally, rent increases are prohibited during the lease term period as an act of retaliation or discrimination.

#8: The Covenant of Quiet Enjoyment Should Be Respected

All Tennessee tenants enjoy what is called quiet enjoyment. This means landlords must respect the tenant’s rights to live in a peaceful and quiet environment while they reside there.

What does violating the covenant of quiet enjoyment look like? It may include entering the premises without permission, making too much noise that would already disturb the tenant, not taking precautions to keep the premises safe, allowing other tenants to harass that tenant, and locking them out of the property.

If the landlord disrespects this covenant, what can the tenant do? They can refuse to pay rent, terminate the lease, or take legal action. This is why a legally binding contract is recommended to safeguard everyone’s best interests.

#9: A Habitable Environment Should Be Provided

Among the responsibilities landlords in Tennessee have is providing a habitable living environment. This means tenants should have access to essential services like electricity, plumbing, and heating. Likewise, the property should be protected from rodent infestation and broken locks.

Tennesee landlord-tenant laws stipulate that tenants must first notify the landlord in writing about the issue. Two copies should be kept so the tenant can use one as evidence, if needed.

Landlords typically have 14 days to address non-emergency repairs. For essential services like heat or water, landlords must begin remedying the situation more quickly, often within 24-48 hours. If there is any delay, the landlord must provide the reason, and all communication must be documented.

If the landlord fails to provide a habitable environment, they are required to make necessary repairs. The tenant can seek legal remedies in case the landlord refuses. Possible consequences include rent reduction, compensation of one month’s rent plus $500, payment for actual damages, and legal fees.

#10: Defrauding Tenants Has Severe Consequences

When landlords talk to prospective tenants, they cannot defraud them. They should make no false pretenses that may mislead the tenant and convince them to rent a property.

Examples include creating a misleading written or oral statement, saying the property has a certain characteristic that it does not have in reality, and adding a clause in the written lease that they intend to use as a legal defense.

Tenants who are defrauded may face severe consequences in Tennessee. Possible punishments include economic, statutory fraud, exemplary, and mental anguish damages. They might also have to pay additional legal fees and equitable relief.

Conclusion

The Tennessee Landlord-Tenant rules are built on respect and fairness, and all Tennessee landlords must abide by Tennessee laws to avoid financial repercussions.

If a landlord is dealing with a service member, it’s vital to confirm if that person is on active duty. SCRACVS can help Tennessee landlords determine if their tenant is eligible for SCRA protections. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

What are renters’ rights in Tennessee?

Tennessee tenants have the right to quiet enjoyment and a habitable living environment. They must also have the same rent fees as long as the current contract hasn’t expired.

Can a landlord break a lease in Tennessee?

Tennessee landlord-tenant laws stipulate that a landlord cannot break a lease unless the tenant has not made payments on time, there have been lease agreement violations, or the tenant has participated in criminal activity.

What is considered landlord harassment in TN?

Harassment may include unlawful entry into the rental property, retaliation, and sexual harassment. It also includes threatening the tenant and cutting off essential services.

Can a tenant refuse entry to a landlord in Tennessee?

No, as per the rental agreement, the landlord may enter the rental property if proper notice is given. However, the tenant may suggest changing dates if they’re unavailable at the initial schedule.

Is a landlord allowed to keep a security deposit without justification in Tennessee?

The landlord can keep the security deposit if the tenant doesn’t respond within 30 days of the landlord’s written notice that they intend to return the deposit. All deductions should be itemized and justified so the tenant can react accordingly. Acceptable reasons to keep a portion of the security deposit include unpaid rent, damages beyond normal wear and tear, unpaid utility bills, and other breaches of the lease agreement.