A Tennessee residential lease agreement is a written contract between a landlord and tenant that sets the rent, deposit, maintenance duties, access rules, and termination terms for the rental. Most of these agreements fall under Tennessee’s Uniform Residential Landlord and Tenant Act (URLTA), which dictates how certain terms must be written and how money, notices, and disclosures must be handled.1Justia. Tennessee Code Title 66 – Property, Chapter 28 Build the lease around those rules and the document will hold up; ignore them and clauses can be voided or deposits forfeited.
Who, What, and How Long
Start by nailing down the identifying terms. A Tennessee lease should list the full legal name of the landlord or property management company and the full legal name of every adult who will live in the unit. Each named tenant is individually liable for rent and lease compliance, so leaving a roommate off the paperwork shifts the risk onto whoever signed.
Include the complete street address, and for a multi-unit building, the specific unit number. State the exact start and end dates of the tenancy. If the arrangement is month-to-month rather than fixed-term, say so in plain language, because that choice controls how the lease can later be ended.
Spell out occupancy limits, overnight-guest rules, and whether pets, parking, or storage are included. Address subletting directly. Tennessee has no standalone subletting statute, so whatever the lease says governs. If the lease is silent, a tenant should still get written consent before bringing in a subtenant; without a clause permitting it, a landlord can treat an unauthorized sublease as a violation.
Rent, Grace Period, and Late Fees
Write the exact monthly rent, the day it is due, and the accepted payment methods (check, electronic transfer, money order) into the lease. Tennessee gives tenants a built-in five-day grace period before any late fee can apply. The count starts on the due date and includes it. If the fifth day falls on a Sunday or legal holiday, the tenant has until the next business day to pay without penalty.2Justia. Tennessee Code 66-28-201 – Terms and Conditions
Once rent is late past that window, the landlord can charge a fee of up to ten percent of the overdue amount.2Justia. Tennessee Code 66-28-201 – Terms and Conditions On $1,200 rent, the cap is $120. Put the exact figure or percentage in the lease. For bounced checks, Tennessee allows a fee of up to $30; state that amount too.
Security Deposit Rules
Tennessee does not cap the security deposit, so the lease should state the exact dollar amount collected. What the state regulates tightly is how the money is held and returned after that.
Separate Account and Bank Disclosure
Any landlord collecting a deposit must place it in a dedicated account at a state- or federally regulated bank or lending institution. The account can hold only security deposit funds. At the time the tenant signs and pays the deposit, the landlord must tell the tenant where the account is held. The institution’s name is required; the account number is not.3Justia. Tennessee Code 66-28-301 – Security Deposits Writing the bank name into the deposit section of the lease handles the disclosure in the same document the tenant will keep.
Move-Out Inspection
A tenant can request a joint inspection at move-out. The landlord may insist that the inspection happen only after the tenant has fully vacated and returned all keys, but it must occur on the move-out day or within four calendar days after.3Justia. Tennessee Code 66-28-301 – Security Deposits Both parties compile a signed list of damage beyond normal wear and tear with estimated repair costs. That list is the basis for any deduction.
A landlord who never put the money in a separate account, or who skips the required damage listing, forfeits the right to keep any portion of the deposit.3Justia. Tennessee Code 66-28-301 – Security Deposits
Returning the Deposit
When no rent is owed and a refund is due, the landlord must send notice of the refund amount to the tenant’s last known address. If the tenant does not respond within sixty days of that notice, the landlord can keep the funds free of claim.3Justia. Tennessee Code 66-28-301 – Security Deposits If rent or other amounts are owed, the deposit can be applied to the debt. Tenants should leave a written forwarding address at move-out so the notice reaches them.
Required Disclosures
Tennessee law and federal rules require specific disclosures before or at the start of the tenancy. Each one is small; missing one can cost the landlord later.
Landlord or Agent Identity
Before the tenancy begins, the landlord must disclose in writing the name and address of the person authorized to manage the property, and the name and address of a person authorized to accept service of legal process and receive notices for the owner.4Justia. Tennessee Code 66-28-302 – Address of Landlord or Agent These can be the same person. Put the information inside the lease rather than on a loose sheet.
Lead-Based Paint
For any home built before 1978, federal law requires the landlord to disclose known lead-based paint or lead-paint hazards and provide the EPA pamphlet “Protect Your Family From Lead in Your Home.” The lease itself must contain a lead warning statement, with both parties signing or initialing the disclosure.5US EPA. Lead-Based Paint Disclosure Rule (Section 1018 of Title X) The EPA’s sample disclosure form is commonly attached to the lease.
Insurance Responsibility
The landlord must notify the tenant in writing that the landlord is not responsible for and will not provide fire or casualty insurance covering the tenant’s personal property.2Justia. Tennessee Code 66-28-201 – Terms and Conditions One sentence in the lease satisfies the requirement.
Maintenance Responsibilities
The URLTA splits upkeep between the two parties, and those duties apply whether the lease repeats them or not. Writing them in anyway reduces arguments later.
The landlord must keep the property fit and habitable, comply with applicable building and housing codes affecting health and safety, maintain common areas in a clean and safe condition, and in buildings with four or more units, provide trash receptacles at common collection points.6Justia. Tennessee Code 66-28-304 – Maintenance by Landlord Landlord and tenant can agree in writing that the tenant will handle specific repairs, but only in good faith, not as a workaround for the landlord’s statutory duties.
The tenant must keep the unit as clean and safe as it was at move-in, dispose of garbage properly, avoid damaging the property, refrain from illegal activity on the premises, and behave in a way that does not disturb neighbors.7Justia. Tennessee Code 66-28-401 – General Maintenance and Conduct Obligations Violating these duties gives the landlord grounds to terminate.
Landlord Access to the Unit
A tenant cannot unreasonably refuse entry for inspections, necessary repairs, agreed-upon improvements, or showings to prospective buyers or contractors. Beyond those situations, the landlord may enter without the tenant’s consent only in defined cases: a genuine emergency, a utility shutoff not caused by the landlord (to inspect for damage and make repairs), a court order, abandonment or surrender of the unit, or when the tenant is deceased, incapacitated, or incarcerated. In the final thirty days of the lease, the landlord may show the unit to prospective tenants if the lease includes that right and the landlord gives at least twenty-four hours’ notice.8Justia. Tennessee Code 66-28-403 – Access by Landlord
The statute does not set a general notice period for routine entry. Most Tennessee leases fill that gap by specifying twenty-four hours. The landlord cannot use the right of access to harass the tenant.
Ending the Lease
A fixed-term lease ends on its stated end date; no separate termination notice is required unless the lease says so. A month-to-month tenancy can be ended by either party with at least thirty days’ written notice before the next rental due date.9Justia. Tennessee Code 66-28-512 – Termination of Periodic Tenancy If rent is due on the first, notice must arrive by the first of the preceding month.
When a tenant falls behind on rent, the landlord typically must send a written notice giving fourteen days to pay in full. If the tenant does not pay, the lease terminates and the landlord can file a detainer warrant. The lease can waive that fourteen-day notice, but only if the waiver is printed in bold type no smaller than twelve-point font. With a signed waiver, the landlord can file for eviction immediately after the five-day grace period expires without any separate notice.10Justia. Tennessee Code 66-28-505 – Noncompliance by Tenant – Failure to Pay Rent Tenants should look for this clause before signing; it is common in Tennessee leases and sharply shortens the timeline to eviction.
Clauses a Tennessee Lease Cannot Contain
A lease cannot require the tenant to waive any rights or remedies provided by the URLTA.2Justia. Tennessee Code 66-28-201 – Terms and Conditions A clause stripping the tenant of the right to a habitable unit, or the right to request repairs, is unenforceable regardless of signatures. The narrow exception is the bold-font waiver of the fourteen-day nonpayment notice described above.
Retaliation is also prohibited. A landlord cannot raise rent, cut services, or threaten eviction because a tenant complained about a code violation or exercised a URLTA right.11FindLaw. Tennessee Code Title 66 Property 66-28-514 Any lease language trying to waive that protection is void.
Signing and What the Tenant Should Receive
Every adult tenant named in the lease must sign, confirming individual liability for rent and property conditions. The landlord or authorized agent signs as well. Electronic signatures are acceptable. Once signatures are in place, the landlord must give the tenant a complete executed copy, including the lead-paint disclosure if the home was built before 1978.
At signing, the tenant typically pays the first month’s rent and the security deposit. Keep receipts matching the amounts in the lease. The landlord discloses the bank holding the deposit at the same moment, which closes out the last required disclosure before keys change hands.