Tennessee Statewide Rule
Tennessee Bans Local Rent Control
Key Facts
- Local rent control
- Banned (state-preempted)
- Statewide rent cap
- None
- Preemption statute
- Tenn. Code Ann. §§ 66-35-101 to 66-35-102
- Cities with rent control
- None
Summary
Tennessee has no statewide rent control and no cap on rent increases. Under Tenn. Code Ann. § 66-35-102, no local government may enact, maintain, or enforce an ordinance controlling the rent charged for private residential or commercial property. Cities and counties are preempted, so rent is set only by the lease.
(a) A local governmental unit shall not enact, maintain or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property.
Full Breakdown
Tenn. Code Ann. §§ 66-35-101 to 66-35-103 preempt local rent regulation statewide. Section 66-35-102 provides that "a local governmental unit shall not enact, maintain or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property." Section 66-35-101 defines "local governmental unit" to include counties and incorporated municipalities. The statute also bars local governments from requiring below-market unit set-asides or conditioning zoning changes, variances, or permits on them. It permits only "purely voluntary incentive-based" affordable-housing programs using tax incentives or subsidies. There is no statewide rent cap, and no Tennessee city has enforceable rent control.
Violations & Penalties
Any local rent-control ordinance is preempted and unenforceable under Tenn. Code Ann. § 66-35-102. There is no penalty schedule on rent increases themselves; a landlord need only follow the lease terms and applicable notice requirements before raising the rent.
Frequently Asked Questions
Is rent control legal in Tennessee?
Can a city in Tennessee pass its own rent control?
Is there a limit on how much rent can increase in Tennessee?
Sources
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