Tennessee Apartment Lease Agreement
A Tennessee apartment lease agreement defines tenant rights and responsibilities and the landlord's duties following the law. This is represented through crucial sections such as the security deposit clause, mandatory disclosures, access rights, and more.
Legal Aspects
A Tennessee apartment lease agreement draws its sections from state legislation and regulations. As such, its terms are enforceable. So, understanding these provisions enables tenants to get the most out of the tenancy.
Security Deposit
- Set limit: Tennessee doesn’t have a fixed security deposit limit.
- Deadline for security deposit refund: The landlord has 30 days after the tenant vacates to return the security deposit or provide an itemized list of damages/charges.
- Interest on security deposit: Tennessee doesn’t require landlords to pay interest on security deposits.
- Separate security deposit account: Landlords must hold security deposits in a separate bank account.
- Pet deposits: Tennessee doesn’t specifically have a statute on pet deposits and fees. Landlords can charge additional pet fees.
- Notice before withholding deposit: Landlords must provide advanced written notice of damages/charges before retaining the security deposit.
- Move-out inspection: Tenants can request a joint inspection to understand the damages listed.
- Itemized damages list: Landlords must provide an itemized list of damages/charges when retaining any part of the security deposit.
Entry and Access
- Landlord access right: Landlords can enter to inspect, make repairs, show the unit to prospective tenants, address emergencies, and secure the property from damage.
- Entry notice: At least 24 hours’ notice is required to show the unit to potential future tenants in the last 30 days of a lease. No statutory notice period for other entries, but reasonable notice is expected.
- Entry without permission: Only emergencies allow entry without permission. Landlords can also enter without permission to inspect and secure property when utilities are shut off through no fault of the landlord.
- Tenant refusal: Tenants can refuse entry if the time or manner is unreasonable. Refusal isn’t allowed in emergencies.
- Lock changes: Tenants can change locks if not prohibited in the lease but should provide the landlord with copies of any new keys.
Pets Policy
- Pet fees: Landlords can charge a nonrefundable pet fee to cover the costs of any pet-related damage.
- Breed restrictions: Landlords may prohibit aggressive dog breeds, which are often banned by insurance policies, like pit bulls, rottweilers, etc.
- Number limitations: Reasonable limits can be set on the number of pets in a unit based on size. Helps prevent overcrowding and noise issues.
Disclosures
Certain disclosures are included in a Tennessee apartment lease agreement to promote transparency and inform tenants of important health and safety hazards.
- Landlord’s contact information: Tennessee leases must list the landlord or agent’s name and address for proper legal notice.
- Security deposit holdings: Landlords collecting a deposit must disclose where it is held, not the account number.
- Lead-based paint: Rentals built before 1978 require a lead disclosure form and EPA pamphlet warning of hazards. Protects tenants.
- Right to enter for showings: If exercising the right to enter within 30 days of the lease end, the landlord must disclose this and give 24 hours’ notice before showings.
While not mandated, the following disclosures are crucial:
- Smoking policy
- Asbestos
- Medical Marijuana
- Bed bugs
- Late and none refundable fees
- Mold
- Shared utilities