Tennessee Landlord-Tenant Laws 2026: What Renters and Landlords Need to Know
Tennessee Rental Law 2026: The County Line Matters
Tennessee’s Uniform Residential Landlord and Tenant Act isn’t statewide. It never has been. Tenn. Code Ann. § 66-28-102 limits it to counties with more than 75,000 people. That count is frozen to the 2010 federal census. Not whatever a county’s population is today. A county that has grown past that line since 2010 doesn’t gain these protections on its own. The statute would need its own amendment for that to happen. Most of Tennessee’s 95 counties fall under this line. They never had URLTA rules to begin with. A guide that quotes “Tennessee Code Ann. Title 66, Chapter 28” for every rule here, without saying whose county it reaches, gets it wrong for most readers. It’s telling most of the state’s renters about rights that don’t apply where they live.
Where URLTA Actually Applies
The statute sets a population test, not a named list. Treat any county list — including this one — as a compiled estimate, not statutory text. Widely-cited compilations put the qualifying counties at: Anderson, Blount, Bradley, Davidson, Hamilton, Knox, Madison, Maury, Montgomery, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson, and Wilson. Inside one of these, § 66-28-102(e) goes further. The chapter “occupies and preempts the entire field” of landlord-tenant regulation. A qualifying county can’t layer its own local rules on top. Everywhere else in Tennessee, the general provisions in Title 66, Chapter 7, plus ordinary common law, do the work URLTA would otherwise do. They’re considerably thinner.
Security Deposits
Inside a qualifying county, § 66-28-301 doesn’t set a flat “return within 30 days” rule. A lot of guides claim it does. It sets up an inspection process instead. The landlord has to hold the deposit in a dedicated account. Either side can request a move-out inspection with a jointly signed damage list. Skip the account or the listing, and the landlord forfeits any claim on the deposit. Physical damage discovered later can still be charged. But only if it’s found before the earlier of 30 days after the tenant leaves or 7 days after a new tenant moves in. Not the flat “10 days” some guides print. An unclaimed refund can be kept by the landlord after 60 days of unanswered written notice.
Outside a qualifying county, none of this applies. There’s no statutory escrow requirement, damage-listing process, or deposit deadline at all — it’s whatever the lease says.
Lease Agreements and Disclosures
A Tennessee lease doesn’t have to be written to be enforceable. That’s true in either kind of county. A written one still settles disputes an oral one can’t. A landlord’s disclosure obligations before or at signing:
- Known material defects in the property
- Flooding history
- Lead-based paint hazards for housing built before 1978 (federal requirement)
- Owner or property-manager contact information
Rent Increases and Late Fees
| Rule | Tennessee Law |
|---|---|
| Rent Control | Barred statewide (Tenn. Code Ann. § 66-35-102) — this ban isn’t tied to the county population line |
| Grace Period (qualifying counties) | 5 days, starting the day rent was due (§ 66-28-201(d)) — if day 5 lands on a Sunday or legal holiday, the landlord can’t charge until the next business day |
| Late Fee Cap (qualifying counties) | 10% of the rent past due, and no more |
Outside a qualifying county, no statute sets a grace period or a late fee ceiling — it’s a matter of what the lease says.
Eviction Process
| Situation | Qualifying Counties (§ 66-28-505) | Everywhere Else (Title 66, Ch. 7) |
|---|---|---|
| Non-Payment / Money-Remediable Breach | 14 days to remedy after written notice, or the agreement terminates. A second breach of the same kind within 6 months drops to 7 days’ notice with no chance to fix it | 14 days’ notice is generally sufficient for nonpayment or property damage |
| Non-Remediable Violation | Terminates on a date at least 14 days after notice — no cure built in for this category | Governed by the lease and general detainer procedure |
| Violent or Dangerous Conduct | Separate landlord-initiated removal track exists (see below) | 3 days’ notice is generally sufficient |
One clause changes everything in a qualifying county. A tenant can waive the nonpayment notice entirely, if the lease spells it out in 12-point bold type or larger. Where that clause exists, the landlord can file for eviction the moment rent goes unpaid. No 14-day notice first. The 5-day grace period on late fees still applies regardless. But the eviction notice itself can vanish by contract. Checking the lease for that clause matters as much as knowing the default number.
Maintenance and Repair Obligations
What a Landlord Owes (Qualifying Counties)
§ 66-28-304 requires code compliance, habitable repairs, and clean common areas. None of it can be waived. Outside a qualifying county, no equivalent statutory duty exists. Repair obligations come from the lease and general common law instead.
Essential Services — A Narrower Self-Help Right, Missed Entirely by Most Guides
Tennessee doesn’t give a general repair-and-deduct right, even in a qualifying county. That part of the old framing holds up. What does exist, and gets left out constantly, is § 66-28-502. If a landlord deliberately or negligently cuts off an essential service like gas, heat, electricity, or water, a tenant can give written notice. Then choose one of three paths: pay for the service directly and deduct the actual cost from rent, recover damages for the reduced value of the unit while staying, or get substitute housing and skip rent for the outage period. None of it is available if the tenant caused the outage. Choosing this path also forecloses the general lawsuit remedy for that same breach.
Tenant Rights and Protections
| Protection | Qualifying Counties | Everywhere Else |
|---|---|---|
| Entry Notice | No general statutory number of hours for ordinary entry — the standard is reasonableness. One specific exception exists: showing the unit to a prospective tenant in the final 30 days of a tenancy needs 24 hours’ notice, but only if the lease itself grants that right (§ 66-28-403) | No statutory requirement |
| Retaliation Protection | § 66-28-514 bars a rent increase, service cut, or eviction filing after a code complaint or use of a chapter remedy — but sets no specific time window, and doesn’t apply if the violation was the tenant’s own fault, the tenant is behind on rent, or code compliance requires displacing the tenant | No statutory protection |
| Domestic Abuse / Sexual Assault / Stalking | § 66-28-205, for leases entered or renewed on or after July 1, 2021: written notice, a mutually agreed release date within 30 days, and either a court protective order or police-report-based documentation of a criminal charge — dated no more than 60 days before the notice. The tenant still owes rent through the end of the month the tenancy ends, plus anything already outstanding | No statutory protection |
That domestic-abuse citation is worth flagging on its own. A different section of the same chapter gets miscited for this often: § 66-28-517. It covers something else entirely. A landlord’s own right to remove a violent tenant, with rules protecting an abuse victim from being evicted alongside their abuser. It isn’t a victim’s early-termination right at all. The actual termination right lives at § 66-28-205.
Frequently Asked Questions
Does Tennessee’s landlord-tenant law apply to my county? Only if your county’s population passed 75,000 in the 2010 census — a fixed list, not a current one. Roughly 17 of Tennessee’s 95 counties qualify. Everywhere else runs on thinner, general provisions instead.
Can a Tennessee tenant do anything if the landlord shuts off the heat or water? In a qualifying county, yes — § 66-28-502 lets the tenant pay for the service and deduct the cost, seek damages for the reduced value of staying, or get substitute housing rent-free during the outage. This is narrower than a general repair-and-deduct right; it only covers essential services, not repairs generally.
Can a Tennessee lease waive the eviction notice period? In a qualifying county, yes, for nonpayment specifically — if the lease states the waiver in 12-point bold type or larger, the landlord can file for eviction immediately without the usual 14-day notice.
What’s the correct citation for Tennessee’s domestic violence lease termination right? § 66-28-205, not § 66-28-517 as some guides print — that section covers a landlord’s separate right to remove a violent tenant. § 66-28-205 needs written notice, a 30-day mutual release date, and either a protective order or police-report documentation dated within 60 days, and only applies to leases from July 1, 2021 onward.