What a Landlord Cannot Do in Tennessee: Key Rules You Should Know

Tennessee’s rental market is booming, but disputes between landlords and tenants often arise from misunderstandings about what a landlord cannot do in Tennessee. 

Whether you’re a tenant facing unfair treatment or a landlord striving for compliance, this guide unpacks the state’s legal boundaries, from eviction rules to discrimination bans. 

Backed by the Tennessee Landlord and Tenant Act and the Fair Housing Act, we’ll explore prohibited practices, tenant rights, and actionable steps to resolve conflicts.

Quick Facts Tables About Tenant-Landlord Laws In Tennessee

Tennessee Landlord and Tenant Act: Overview of Tenant Rights

Every Tennessee rental agreement is governed by the Tennessee Landlord and Tenant Act (T.C.A. § 66-28-101 et seq.), which balances landlord freedom with tenant rights. Even though this state's laws are seen to be landlord-friendly, tenants still have important rights:

• Right to Habitable Housing: Landlords have a responsibility to provide habitable housing and must make sure homes satisfy health and safety standards, including working plumbing, heating, and electrical systems.
• Right to Privacy: Tenant rights to privacy allow them to refuse access without 24-hour written notice (unless from fire/gas leak situations, or other emergencies).
• Right to Security Deposit Returns: Deposits must be returned 30 days after lease termination, with deductions restricted to overdue rent, damage beyond wear and tear, or lease breaches.

Violations of these rights may cause conflicts over what a landlord cannot do in Tennessee, including neglecting maintenance requests or hiding deposits without a reasonable excuse.

What a Landlord Cannot Do in Tennessee: 4 Key Restrictions

Understanding Tennessee landlord rules protects tenants and property owners from costly legal mistakes.

1. Enter the Rental Without Proper Notice

Under tenant-landlord laws in Tennessee, landlords must provide 24-hour written notice before entering, except in emergencies like fires or burst pipes. Tenants can legally refuse entry if this notice isn’t given. Repeated offenses may constitute Tennessee landlord harassment, leading to sanctions or a lawsuit.

2. Harass or Threaten Tenants

Landlord harassment in Tennessee includes threats, unannounced visits, or actions to force eviction. Every violating action, such as rent hikes after repair requests, is strictly prohibited. Tenants can sue for up to $500 + moving costs if harassed.

Other common harassment tactics:

• Cutting off water, electricity, or HVAC systems.
• Removing doors/windows.
• Threatening violence or deportation.

3. Discriminate Based on Race, Gender, Disability, or Other Protected Statuses

The Fair Housing Act forbids discrimination based on race, religion, handicap, gender, family status, or national origin. What a landlord cannot do in Tennessee also includes refusing to rent to a family with children or denying a tenant with a service animal.

4. Evict Tenants Without a Legal Process

Even for nonpayment, landlords must follow court eviction procedures. Self-help evictions, like changing locks or removing belongings, are illegal. For that, landlords can refer to these suggested, legally qualified steps: 

• Step 1: Serve a 14-day notice to quit for unpaid rent.
• Step 2: File an eviction lawsuit (unlawful detainer) if the tenant doesn’t comply.
• Step 3: Obtain a court order for sheriff-enforced removal.

Other Prohibited Landlord Practices in Tennessee

Tennessee landlords should prevent these two behaviors in addition to the four above:

1. Keeping a Security Deposit Without Legal Reason

Tennessee landlord and tenant act rules require landlords to return deposits within 30 days of move-out.

Acceptable deductions include:

• Unpaid rent or utilities.
• Damage beyond normal wear (for example, holes in walls, broken appliances).
• Cleaning costs if the unit is left excessively dirty.

Illegal Deductions:

• Carpet replacement due to normal wear.
• Repainting walls after long-term occupancy.

Tenants can sue for the wrongfully withheld amount if landlords fail to comply.

2. Raising Rent Without Notice or Fair Cause

While Tennessee has no rent control, landlords cannot increase rent mid-lease unless the agreement allows it. For month-to-month leases, a 30-day written notice is required. Sudden hikes without justification may be deemed retaliatory.

What Should Tenants Do if a Landlord Breaks the Law?

If a landlord violates the Tennessee Landlord and Tenant Act, a tenant should act strategically to defend their rights. This is a thorough, possible guide:

Document Everything

• Serious record-keeping is really essential. Save everything from your correspondence, emails, messages, letters, along with your landlord. 
• Take dated pictures or videos of any dangerous situations, property damage, or harassing events. 
• Save copies of your lease, rent receipts, and any notifications you have received. If you must subsequently take legal action, these materials are really vital.

Send a Demand Letter 

• Send your landlord a formal demand letter after you have collected your proof. 
• Clearly state the particular infractions you have encountered, such as unlawful access, unreturned security deposit, harassment, then ask for a fair deadline, usually 14 days, for a resolution. 
• Be kind but strong; mention the particular Tennessee laws or lease clauses they broke. 
• To guarantee evidence of delivery, send the letter by certified mail with a return receipt requested.

File a Complaint

Based on the kinds of violations, consider complaining to the following organizations:

• For discrimination issues: File a complaint with the Tennessee Human Rights Commission or the U.S. Department of Housing and Urban Development (HUD) if you have encountered discrimination based on race, religion, gender, handicap, or family status. These organizations look at housing discrimination and have the authority to punish landlords who break fair housing regulations.
• For habitability issues: Report the problems to your local health or housing inspectors if your landlord neglects necessary repairs like plumbing, heating, or electrical systems, thereby compromising a safe and livable living space. They may force the landlord to do required repairs and run inspections.

Sue in Small Claims Court

If your landlord ignores your demand letter and agency complaints, you might want to think about suing in small claims court. Small claims courts in Tennessee address disputes up to $25,000. Typical problems involve:

• Security deposits unreturned.
• Illegal hidden costs.
• Privacy invasions or harassment.
• Improper eviction.
• Damage to property brought about by the landlord's carelessness.

How Tenants Can Protect Themselves Legally

Knowing the laws and acting early on can help you defend your rights as a Tennessee renter. You can protect yourself by:

Review Leases Carefully

Read your lease thoroughly to ensure it follows the landlord-renter right in Tennessee. Watch for fair rent, late fee policies, maintenance duties, and entry rules. Avoid unclear or unfair terms and ask questions before signing.

Request Repairs in Writing

Always notify your landlord of needed repairs in writing, via email or certified mail, to create a record. Tennessee landlords must fix essential issues (like heat or plumbing) promptly, usually within 14 days.

Know Your Eviction Defenses

Landlords must follow Tennessee legal eviction procedures. Illegal “self-help” evictions—like lock changes or utility shutoffs—are prohibited. If your landlord neglects repairs, making the unit unlivable, withholding rent may be a defense, but consult a lawyer first.

Use a Written Lease

A verbal lease is good for a short time, but a paper lease spells out rights and duties more clearly and gives you more formal security. Always keep a copy that has been signed.

Additional Tips

• Keep copies of leases, payment receipts, and communication with your landlord.
• Check local tenant laws, as some cities may offer extra protections.
• Apart from emergencies, landlords have to provide a 24-hour notice before entering.
• Report to the Tennessee Human Rights Commission or HUD of harassment or discrimination.

By staying informed and documenting everything, tenants can protect their rights and ensure a fair rental experience in Tennessee.

Final Thoughts

For renters seeking to protect their rights and for landlords trying to prevent expensive legal mistakes, knowing what a landlord cannot do in Tennessee is essential. 

Tenants who are aware of their rights, including adequate notice, fair eviction policies, and open processing of security deposits, are better prepared to handle any illegal landlord behavior. The basis of a good rental relationship is open communication and rigorous respect for the Tennessee Landlord and Tenant Act. 

Our LeaseRunner blog provides useful tools and current guidance to assist both landlords and renters in remaining compliant and confident. 

FAQs

Q1. Can a landlord enter without permission in Tennessee?

No. Apart from emergencies like floods or fires, landlords have to provide at least 24 hours' written notice before visiting a rented property. This protects the renter's privacy and eliminates harassment.

Q2. What is considered landlord harassment?

Harassment includes actions like illegal evictions (changing locks or shutting off utilities), threatening tenants, repeated unannounced visits, or ignoring necessary repairs to pressure tenants to leave.

Q3. How long does a landlord have to return a security deposit?

After the tenant leaves, landlords have 30 days to either return the deposit or provide an itemized list of deductions. Possible reasons are skipped rent, damage beyond usual wear, or high cleaning expenses.

Q4. What can and cannot a landlord do in Tennessee?

In Tennessee, landlords can collect rent, enforce leases, and enter properties with notice. They can start evictions for lease violations. However, they cannot discriminate, use "self-help" evictions, enter without notice, or keep deposits unfairly. All actions must comply with state and local laws.