Tennessee law governing residential landlords and tenants will vary according to the county in which the property is located. In addition to local ordinances and federal regulations, Tennessee’s Uniform Residential Landlord Tennant Act (TURLTA) applies to counties having populations in excess of 75,000 according to the latest federal census. This includes Anderson, Blount, Bradley, Davidson, Hamilton, Knox Madison, Maury, Montgomery, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson and Wilson Counties. While the TURLTA governs most residential lease agreements in these urban areas, there are certain exceptions where the law does not apply, such as “lease-purchase” agreements.
If you are a landlord or tenant in one of these counties, you must be familiar with TURLTA in order to protect your rights. The law requires landlords and tenants to be reasonable with each other and act in good faith. The law also addresses common issues such as breach of the lease agreement by either the landlord or tenant, early lease termination, security deposits, late fees, rent due date grace periods, maintenance, and disputes. Additionally, TURLTA places specific duties on both the landlord and tenant, such as:
Landlord Duties
-Written notice of address of landlord or agent.
-Hold security deposits in a separate bank account.
-Notify the tenant of the location of security deposit account.
-Allow tenant to be present when inspecting the property to determine the basis for a charge against the tenant’s security deposit.
-Comply with all health and safety codes.
-Register as a landlord with local codes enforcement agency in counties with population over 500,000.
Tenant Duties
-Comply with health and safety codes.
-Keep premises clean and safe.
-Dispose of garbage appropriately.
-Not destroy or damage the premises.
-Not engage in any illegal conduct.
-Require all persons on the premises to act in a manner as to not disturb their neighbors.
-Allow the landlord reasonable access to the property for inspection, repairs and improvements.
-Use the premises only as a dwelling unit.
These are just a few of the provisions as outlined in the TURLTA. It is critical that landlords and tenants in Tennessee know and comply with all of these requirements in order to eliminate their liability. Failure to follow the TURLTA can result in the violating party paying costs, attorney fees and damages.
If you are a landlord or tenant and need help with any of these issues, schedule a consultation with me today.
This information is provided for informational purposes only and is not to be considered legal advice. Prior to relying on this information, please contact boylanlegal.com for a consultation.
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Thomas J. Boylan Attorney at Law