The single most important thing to know about Tennessee landlord-tenant law is that it is not one law — it is two. The Tennessee Uniform Residential Landlord and Tenant Act (URLTA), TCA Title 66, Chapter 28, applies only in counties whose population exceeded 75,000 in the 2010 federal census (§ 66-28-102), which covers the big urban counties such as Shelby (Memphis), Davidson (Nashville), Knox, and Hamilton (Chattanooga). Everywhere else, older general detainer statutes and common law govern instead.
That split changes real outcomes: the detailed notice periods, the separate deposit account rule, and the self-help ban in the URLTA simply do not apply in smaller counties unless the county voluntarily adopted the Act. A landlord or tenant who assumes the URLTA applies — or ignores it — can serve the wrong notice and lose the case on that alone.
This guide explains the two-tier system and the rules that generate the most disputes. It is general information, not legal advice — confirm which side of the 75,000 line your county falls on, then verify the current statute text.
| Governing law | TCA Title 66, Chapter 28 (URLTA in counties over 75,000); Title 66, ch. 7 elsewhere |
|---|---|
| Security deposit cap | None set by statute |
| Deposit return rule | No fixed day-count; damage must be found within 30 days of vacating (or 7 days after re-let); written refund notice with 60-day unclaimed balance rule (§ 66-28-301) |
| Deposit account | Separate account required in URLTA counties; failure plus no damage listing forfeits the deposit |
| Nonpayment eviction notice | 14 days (URLTA § 66-28-505; § 66-7-109 in other counties) |
| Month-to-month termination notice | 30 days (§ 66-28-512) |
Tennessee Rental Law at a Glance
Tennessee adopted the URLTA in the 1970s but limited it to the state’s larger counties, and § 66-28-102 pins coverage to the 2010 census figure — a county’s status does not drift with later censuses unless the legislature amends the statute. In covered counties the Act supplies complete rules for deposits, habitability, notices, and remedies; in uncovered counties, terminations run through the general detainer statutes in Title 66, Chapter 7 and Title 29, Chapter 18, with much thinner tenant protections.
Tennessee also has no statewide rent control, and 2024 legislation added a preemption provision to § 66-28-102 that limits local governments’ ability to layer their own landlord-tenant rules on top of state law. City housing codes still matter for health and safety enforcement, but the era of aggressive local tenant ordinances is largely over — confirm the current text before relying on a city rule.
Security Deposits in Tennessee
In URLTA counties, § 66-28-301 sets no cap on the deposit amount but requires the money to sit in a segregated bank account. The return system is unusual: there is no fixed day-count for handing the money back. The landlord applies the deposit to unpaid rent, then sends written notice of any refund still owed; if the tenant does not respond within 60 days, the landlord may keep the unclaimed balance.
Deductions for physical damage are tied to discovery, not a mailing deadline: damage can be charged only if found within 30 days after the tenant vacates or 7 days after a new tenant takes possession, whichever is earlier. A move-out inspection is part of the process — the landlord should give the tenant a chance to be present, and the tenant should sign the damage listing noting any disputes in writing. If the landlord fails to hold the deposit separately and never provides a damage listing, the landlord forfeits the right to keep any part of the deposit. There is no statutory multiplier penalty, and no interest is owed on the deposit.
Pet Deposits and Pet Fees
Tennessee sets no state limits on pet deposits or pet rent — the amounts are whatever the lease negotiates. Common practice in the larger markets is a pet fee or deposit on top of the standard deposit, sometimes a higher monthly rent for tenants with pets. Whatever you agree to, put it in writing and keep pet charges separate from the security deposit so the segregated-account rule is not confused.
Service and assistance animals are not pets: under federal fair-housing law, landlords cannot charge pet deposits or pet rent for them, and screening must be limited to legitimate documentation of the disability-related need.
Rent Increases and Notice Requirements
Tennessee has no rent control and no cap on the amount of an increase. During a fixed term the rent is locked; an increase applies at renewal. For a month-to-month tenancy, changing terms such as rent follows the periodic-tenancy notice rule — 30 days’ written notice to terminate or change terms in URLTA counties (§ 66-28-512). The notice requirements have been amended over the years, so verify the current text for your county before relying on a specific window.
Tenants receiving an increase should confirm it is in writing, check the notice period, and compare the new rate with comparable listings. Landlords should send increases in writing with proof of delivery — an oral increase on a month-to-month tenancy is a common source of avoidable disputes.
Habitability, Repairs, and Disclosures
In URLTA counties, § 66-28-304 requires the landlord to comply with building and housing codes affecting health and safety, keep common areas safe and clean, maintain plumbing, heating, and electrical systems, and supply running water and reasonable heat. Tenants trigger the duty with a written notice, and the landlord generally has 14 days to begin remedying a serious defect.
Tenant remedies in covered counties are spelled out in §§ 66-28-501 and 66-28-502: after written notice and a cure period, the tenant may terminate the lease and recover the deposit, sue for damages and injunctive relief, and — for minor defects — repair and deduct the cost from rent, with the deductible amount capped by statute (confirm the current limit). When essential services such as water or heat fail, the tenant may procure the service and deduct its actual cost. Retaliation against a tenant for a good-faith complaint is prohibited (§ 66-28-514).
- ✓Smoke detectors are required in Tennessee rental housing; landlords must provide and maintain them. Check local fire codes for carbon monoxide alarm requirements.
- ✓Federal lead-paint disclosure applies to housing built before 1978, and Tennessee’s Department of Health publishes renter-facing healthy-homes guidance.
- ✓In non-URLTA counties these remedies are largely absent — habitability is governed by common law and local housing codes, and tenants have weaker tools, so the written lease matters even more.
Evictions in Tennessee
In URLTA counties, nonpayment and curable lease breaches use a 14-day notice (§ 66-28-505); violence, drug activity, or a serious threat uses a 3-day unconditional notice (§ 66-28-517); and no-fault termination of a month-to-month tenancy needs 30 days’ notice (§ 66-28-512). In smaller counties, nonpayment still runs on a 14-day notice under § 66-7-109, with the rest governed by the general detainer statutes.
The landlord then files a detainer warrant in general sessions court. Self-help evictions are illegal — § 66-28-504 bans lockouts and utility shut-offs, and only a court judgment and a writ allow removal. Tenants served with a detainer warrant should answer in writing by the deadline and contact a legal aid office immediately; an unanswered warrant becomes a default judgment quickly.
Resolving Deposit and Lease Disputes
Tennessee landlord-tenant cases run through general sessions court, where the jurisdictional limit is $25,000 in many counties — confirm the limit in the county where the property sits. The case will turn on documents: the lease, move-in and move-out photos, the damage listing, the written refund notice, and proof of mailing.
Start with a written demand letter citing § 66-28-301 and set a deadline before filing. Free and low-cost help is available through the Legal Aid Society of Middle Tennessee and the Cumberlands, Memphis Area Legal Services, West Tennessee Legal Services, and Knoxville Legal Aid Society. City code-enforcement offices in Nashville, Memphis, and Knoxville also take habitability complaints.
Guide reviewed 2026-08-19. Rental laws change frequently; verify the current statute text before relying on any rule on this page. This information is not legal advice.
