Tennessee Statewide Rule
Tennessee Habitability and Landlord Duties
Key Facts
- Core duty
- Keep premises fit and habitable (66-28-304)
- Codes
- Comply with building/housing codes affecting health and safety
- Tenant remedy
- 14-day notice, then terminate/damages (66-28-501)
- Applies in
- Counties over 75,000 population (URLTA)
Summary
In URLTA counties, Tenn. Code 66-28-304 requires landlords to comply with building and housing codes, make repairs to keep the unit fit and habitable, keep common areas clean and safe, and provide waste receptacles in larger complexes. Tenants enforce these duties through the 66-28-501 remedies.
The landlord shall: (1) Comply with requirements of applicable building and housing codes materially affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in a clean and safe condition; and (4) In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points of collection subject to § 66-28-401(3). (b) If the duty imposed by subdivision (a)(1) is greater than any duty imposed by any other paragraph of subsection (a), the landlord's duty shall be determined by reference to subdivision (a)(1). (c) The landlord and tenant may agree in writing that the tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord. (d) The landlord may not treat performance of the separate agreement described in subsection (c) as a condition to any obligation or performance of any rental agreement. History Acts 1975, ch. 245, § 2.104; T.C.A., § 64-2824.
Full Breakdown
Under Tenn. Code 66-28-304 (applicable in counties over 75,000 population, where URLTA applies), the landlord must "comply with requirements of applicable building and housing codes materially affecting health and safety" and "make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition." The landlord must "keep all common areas of the premises in a clean and safe condition," and in complexes of four or more units must provide receptacles for garbage and waste removal. Enforcement runs through 66-28-501 and following: after 14 days' written notice of a material defect that is not cured, the tenant may terminate, recover damages, obtain injunctive relief, and recover reasonable attorney's fees.
Violations & Penalties
After 14 days' written notice without cure, the tenant may terminate the lease, sue for damages, obtain injunctive relief, and recover reasonable attorney's fees; prepaid rent and deposits owed must be returned on termination for noncompliance.
Frequently Asked Questions
What repairs is a Tennessee landlord required to make?
What can a tenant do if the landlord won't fix a serious problem?
Do habitability duties apply in every Tennessee county?
Sources
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