Tennessee landlord-tenant law at a glance
Tennessee landlord-tenant law for apartments is mostly in Title 66, Chapter 28 of the Tennessee Code, the Uniform Residential Landlord and Tenant Act (URLTA), with evictions under Title 29, Chapter 18. The table gives the rules owners ask about most in URLTA counties.
| Topic | Tennessee rule (URLTA counties) | Where it comes from |
|---|---|---|
| Ending a month-to-month tenancy | 30 days’ written notice before the periodic rental date | T.C.A. 66-28-512(b) |
| Ending a week-to-week tenancy | 10 days’ written notice | T.C.A. 66-28-512(a) |
| Nonpayment of rent | 14 days’ written notice to pay or the lease ends | T.C.A. 66-28-505 |
| Repeat violation within 6 months | 7 days’ written notice | T.C.A. 66-28-505 |
| Security deposit cap | None in the deposit statute | T.C.A. 66-28-301 |
| Deposit handling | Separate account at a regulated bank; tell the tenant where it is | T.C.A. 66-28-301 |
| Late fees | Five-day grace period; no more than 10% of the past-due rent | T.C.A. 66-28-201(d) |
| Landlord entry | Tenant can’t unreasonably refuse; 24 hours’ notice for showings in the last 30 days if the lease allows | T.C.A. 66-28-403 |
| Rent control | Local governments barred from enacting it | T.C.A. 66-35-102 |
Which Tennessee counties follow the URLTA
The URLTA applies only in counties with a population of more than 75,000 under the 2010 federal census, according to T.C.A. 66-28-102. That covers the state’s large urban counties, such as Davidson, Shelby, Knox and Hamilton, and the larger suburban ones around them, and it covers most of Tennessee’s large apartment stock.
In smaller counties, the URLTA rules on this page do not apply, and other statutes and the lease govern instead. If your building is in a rural county, check the county’s 2010 census population and have a Tennessee attorney confirm which notice and deposit rules you must follow before you rely on this table.
How much notice does a landlord have to give in Tennessee?
A Tennessee landlord in a URLTA county must give 30 days’ written notice before the periodic rental date to end a month-to-month tenancy, and 10 days’ notice to end a week-to-week tenancy, under T.C.A. 66-28-512. That section does not require the landlord to give a reason.
For unpaid rent, the notice is 14 days. Under T.C.A. 66-28-505, the landlord can deliver written notice that the lease will end if the rent is not paid within 14 days after the tenant receives it. For a breach that cannot be fixed by paying, the lease can end on a date at least 14 days after the tenant receives notice. If substantially the same breach happens again within six months, the landlord can end the lease on seven days’ written notice.
A fixed-term lease ends on its own terms. Read your lease forms for renewal and notice clauses, since they often set longer periods than the statute.
Security deposit rules in Tennessee
Tennessee’s deposit statute, T.C.A. 66-28-301, sets no limit on the size of a security deposit, but it is strict about where the money is held. A landlord who takes a deposit must keep it in an account used only for that purpose at a bank or other lending institution regulated by a state or federal agency, and must tell the tenant where the account is when the lease is signed. The account number does not have to be disclosed.
Damage charges have their own clock. The landlord can recover from the deposit only for physical damage discovered before the earlier of 30 days after the tenant vacates or seven days after a new tenant takes possession. The tenant has a right to be present at a move-out inspection, which must happen the day the tenant leaves or within four calendar days after, and the landlord gives the tenant an itemized list of damages.
The penalty for getting it wrong is the deposit. A landlord who did not keep the money in the required account and did not provide the damages list loses the right to keep any part of it. If a tenant who owed nothing does not respond to a refund notice within 60 days, the landlord may keep the funds.
Late fees and rent rules
A Tennessee landlord in a URLTA county can’t charge a late fee until a five-day grace period has passed, and the fee can’t exceed 10% of the rent past due, under T.C.A. 66-28-201(d). The due date counts as day one. If the fifth day falls on a Sunday or a legal holiday, a payment on the next business day is on time.
On a $1,500 unit, the most you can charge for a late month is $150, and only if rent arrives on the sixth day or later. A fee labeled as anything else, such as an administrative charge for late payment, counts toward the 10% limit.
Can a Tennessee landlord enter without notice?
Tennessee’s URLTA sets no general advance-notice period for routine entry. Instead, T.C.A. 66-28-403 says a tenant can’t unreasonably withhold consent for the landlord to enter to inspect, make repairs or improvements, provide services or show the unit to buyers, lenders or contractors. Many leases add their own notice terms on top.
The landlord can enter without consent in an emergency, when utilities have been cut off through no fault of the landlord, under a court order, or when the tenant has abandoned the unit. If the lease reserves the right, the landlord can show the unit to prospective tenants in the last 30 days of the lease after giving 24 hours’ notice. The statute also says a landlord must not abuse the right of access or use it to harass a tenant.
The Tennessee eviction process and timeline
A Tennessee eviction is a detainer action filed in general sessions court, and an uncontested nonpayment case usually takes about four to six weeks from the 14-day notice to possession. That range is our estimate built from the statutory steps; dockets vary by county.
After the notice period runs, the landlord files a detainer warrant. The officer who serves it must tell the tenant the date and place of trial, which can’t be less than six days after service under T.C.A. 29-18-117. Either side can appeal a general sessions judgment within 10 days, and a tenant who appeals must post bond as required by law.
| Step | Timing |
|---|---|
| Notice for nonpayment | 14 days to pay before the lease ends |
| Detainer warrant filed and served | After the notice period |
| Trial in general sessions court | At least 6 days after service |
| Appeal window | 10 days after judgment |
| Possession | After the appeal window if no appeal is filed |
Does Tennessee have rent control?
No. T.C.A. 66-35-102 says a local government shall not enact, maintain or enforce an ordinance or resolution that would have the effect of controlling the rent charged for leasing private residential or commercial property. Nashville, Memphis and every other Tennessee city are covered.
The same section also limits local mandates that require below-market rents, while leaving room for purely voluntary incentive programs and attainable housing incentives. There is no statewide limit on rent increases. With a fixed lease, the rent is set until it ends; with a month-to-month tenancy, an owner can raise rent by ending the tenancy with proper notice and offering new terms.
What happens to leases and deposits when you sell in Tennessee
Leases survive a sale, so the buyer takes the building subject to every tenancy and becomes the landlord. Tennessee also spells out how the seller gets out of future liability. Under T.C.A. 66-28-305, unless the parties agree otherwise, a landlord who conveys the property in good faith to a bona fide buyer is relieved of liability under the leases for events after the tenants get written notice of the conveyance and the security deposits are transferred to the buyer.
That makes two steps part of every closing: written notice to each tenant and a deposit transfer the buyer acknowledges. Put both in the purchase agreement, and attach a deposit ledger showing each tenant’s amount and the account it sits in.
- A rent roll with each unit’s lease dates, rent, deposit and any balance owed.
- The bank and account where deposits are held, since the buyer must keep them in a qualifying account too.
- Any pending 14-day notices or detainer warrants.
- Copies of your lease forms and late fee terms, so the buyer can check them against the 10% cap.
Selling a Tennessee apartment building with tenants in place
Skyline buys apartment buildings with five or more units in Tennessee, occupied and as they stand. We buy directly, close on your timeline, and can work inside 1031 deadlines. We take over the leases and the deposits at closing and handle the tenant notices with you, so you are released the way the statute intends.
For the tax side of a sale, see Tennessee capital gains tax on real estate and 1031 exchange in Tennessee.
