A background check will show a person's history of addresses, evictions, bankruptcies, judgments and liens.
A full credit report comes with a basic background check, credit check plus criminal check. A basic background check shows a person's history of addresses, evictions and bankruptcies.
Landlords do not need the tenant or applicant's consent to run background and credit checks. Fair Credit Reporting Act § 604(a)(3)(F)
The Fair Housing Act disallows landlords from discriminating against prospective renters based on their race, color, religion, sex, *familial status, national origin or physical/mental handicap. 42 U.S.C. § 3604
*Familial status - pregnant women and families with person(s) under 18.
In addition, Tennessee landlord tenant law prohibits landlords from discriminating someone as a renter because of creed. T.C.A. § 4-21-601
Landlords must follow the above Fair Housing Act laws UNLESS the dwelling has two or less rental units and is occupied by the landlord or landlord's family member. T.C.A. § 4-21-602
(also known as a lease agreement or rental agreement)
Whether you're a landlord or tenant, it's important to have a written lease agreement with terms and conditions that favors you and follows your state laws.
To save time and avoid mistakes, you can customize your own lease agreement at LawDepot. This site will ask you a set of questions related to your tenancy and create a state-specific agreement based on your answers.
Tennessee landlord tenant law T.C.A. § 66-28-302 requires all tenancy agreements to contain the following details:
According to Tennessee landlord tenant law, your lease agreement CANNOT:
As long as the tenant is agreeable, Tennessee landlord tenant law doesn't limit the maximum amount of security deposit the landlord can ask for. Both the landlord and tenant have to agree on the security deposit amount, and this amount must be stated in the written tenancy agreement.
Tennessee landlord tenant law requires the landlord to hold the security deposit in a separate account of a bank or lending institution (that is regulated by the United States government). T.C.A. § 66-28-301.(a)
There are no Tennessee landlord tenant laws on security deposit holding methods and security deposit interest.
Tennessee landlord tenant law requires the landlord to inform the tenant of the terms and conditions for security deposit deductions.
Valid reasons for security deposit deductions (under Tennessee landlord tenant law) include:
The tenant can inspect for property damages together with the landlord within five days of vacating the rental unit. If the tenant did not attend the property inspection after being informed by the landlord, the tenant shall lose the right to dispute any deposit deductions due to property damage. T.C.A. § 66-28-301.(b)(1)(A)
The landlord is NOT allowed to take money from the security deposit due to damage from *normal wear and tear. *Normal wear and tear is the natural deterioration of the property (and its contents) from normal everyday use.
Once the tenant vacates or abandons the property, the landlord must send the tenant a list of security deposit deductions and refund any remaining deposit within 30 days. This list has to individually account for all damages and rent owed in writing.
Nashville, Tennessee TN
The tenant has to pay the rent without demand or reminders. As long as the landlord and tenant are agreeable, they can choose the time, place and method of rent payment.
By default, rent is payable once the tenancy begins and shall be paid at the beginning of every month. Rent is to be collected at the rental property and shall be pro-rated daily. T.C.A. § 66-28-201.(c)
The landlord can only charge late fees if the tenant is at least five days late in paying rent. The landlord can charge late fees up to 10% of the amount of rent overdue. T.C.A. § 66-28-201.(d)
The Tennessee Landlord Tenant Act requires the landlord to maintain the property in a safe and habitable condition [T.C.A. § 66-28-304.(a)]:
Tennessee landlord tenant law T.C.A. § 66-28-401 also requires the tenant to keep the property in a clean and safe condition:
If the landlord failed to maintain the property, the tenant can file a complaint with the building inspector or county public health department. They shall inspect the rental unit within 14 days and if it is found to be unfit for habitation, they will inform the landlord or landlord's agent to make repairs within 30 days. T.C.A. § 68-111-104.(a)
If the landlord fails to fix the problem(s) within 30 days, the tenant shall pay all future rents to the county clerk (instead of the landlord). T.C.A. § 68-111-104.(b)
These rent payments shall be returned to the landlord ONLY after repairs are made and the county clerk has received a certificate of compliance from the building inspector or county public health department. T.C.A. § 68-111-104.(e)
If the landlord fails to provide an essential service (such as gas, heat, water, electricity, plumbing or sanitation), the tenant may give the landlord a written notice stating the problem and do ONE of the following:
According to Tennessee landlord tenant law T.C.A. § 66-28-403.(a), the landlord is only allowed to enter the property for the following reasons:
In the above situations, the landlord should inform the tenant at least 24 hours in advance before entering the property. The landlord should only enter the property with the tenant's consent and during reasonable hours.
According to Tennessee landlord tenant law T.C.A. § 66-28-403.(b),(e), the landlord may enter the property without permission in the following situations [T.C.A. § 66-28-403.(b),(e)]:
If any utilities are turned off and it's not caused by the landlord, the landlord is allowed to enter the property to inspect for damages and make repairs. T.C.A. § 66-28-403.(c)
The tenant cannot deny access if the landlord has a valid reason to enter the property. Otherwise the landlord can EITHER
In addition, the landlord can also sue the tenant for actual damages plus attorney fees. T.C.A. § 66-28-513.(a)
The landlord must have a valid reason and obtain the tenant's permission (whenever required by Tennessee landlord tenant law) to enter the property. If the landlord fails to do so or harasses the tenant, the tenant can EITHER
In addition, the tenant can also sue the landlord for actual damages plus attorney fees. T.C.A. § 66-28-513.(b)
There are no specific Tennessee landlord tenant laws on subletting.
Memphis, Tennessee TN
Before terminating a tenancy, Tennessee landlord tenant law T.C.A. § 66-28-512 requires you to give the other party a written notice to quit in advance:
Week to week tenancy
Month to month tenancy
If you are the tenant, the following are the minimum number of days for giving your landlord a notice to quit:
Landlord violated rental agreement or didn't perform duties
Property damage due to fire, disaster or unavoidable accident
If the landlord violates the rental agreement or didn't perform duties (see Landlord Duties and Responsibilities above), the tenant can give the landlord a written notice stating the problem and giving the landlord 14 days to correct it.
If the problem isn't corrected within 14 days, the tenant can obtain a court order to make the landlord comply with the rental agreement and Tennessee landlord tenant law OR terminate the tenancy. If the tenancy is terminated, the landlord shall return any prepaid rents and deposits (after deductions to the tenant).
In addition, the tenant can also sue the landlord for damages plus attorney fees. T.C.A. § 66-28-501
If the property is badly damaged by fire, disaster or unavoidable accident (that is no fault of the tenant or related people), the tenant can immediately move out and stop paying rent. The tenancy shall terminate once the tenant moves out. The tenant must inform the landlord that he or she intends to terminate the tenancy within 14 days of moving out.
After the tenant moves out, the landlord must return the security deposit (after any deductions) to the tenant. The tenant won't have to pay rent starting from the date of the fire or disaster, so the landlord must also return any prepaid rent to the tenant. T.C.A. § 66-28-503
According to Tennessee landlord tenant law T.C.A. § 66-7-109, the following are valid reasons for evicting tenants and the minimum number of days for giving them a notice to quit:
Tenant did not pay rent
Tenant or related person caused property damage
Tenant or related person threatened or endangered others on property
Tenant violated rental agreement (all other violations not listed here)
Tenant committed a violent act on purpose
Tenant was involved in illegal drug-related activities on property
Whether you are a landlord evicting someone or a tenant facing eviction, it's important that you handle matters correctly according to your state laws.
If you have any questions or doubts on eviction, you can ask a local landlord tenant lawyer online.
If the tenant did not pay rent on time, the landlord can send the tenant a 14 day written notice to terminate the tenancy. This notice must state the amount of rent owed and that the rental agreement shall be terminated if rent isn't paid within seven days.
If the rent is paid within seven days, then tenancy shall continue. T.C.A. § 66-7-109.(a)(1)
If the tenant is late again in paying rent within six months, the landlord can terminate the tenancy with a written 14 day notice stating the violation (late rent) and termination date. In this case, the tenancy will have to terminate. T.C.A. § 66-7-109.(a)(3)
If the tenant, tenant's household or tenant's guest caused damage to the property, the landlord can send the tenant a written 14 day notice to terminate the tenancy.
This written notice has to state what are the damage(s) to the property. If the tenant repairs the damage(s) within 14 days, then the tenancy shall continue. T.C.A. § 66-7-109.(a)(2)
If the tenant (or related) damages the property in a similar manner again within six months, the landlord can terminate the tenancy with a written 14 day notice stating the violation(s) and termination date. In this case, the tenancy will have to terminate. T.C.A. § 66-7-109.(a)(3)
If the tenant violates the tenancy agreement in a significant manner (that affects health and safety), the landlord can send the tenant a written 30 day notice to terminate the tenancy. T.C.A. § 66-7-109.(b)
Tennessee landlord tenant law requires this notice has to state the tenant's violation(s) and that the tenant has 14 days to correction the violation(s) or else the rental agreement shall terminate in 30 days. T.C.A. § 66-28-505.(a)
According to Tennessee landlord tenant law, the landlord CANNOT force the tenant to move out by shutting off utilities (electricity, water, gas, sanitation), changing the locks or taking possession of the property by force without a court hearing.
If the landlord forces the tenant to move out with unlawful methods or shuts off utilities, the tenant can EITHER
If tenant chooses to terminate the rental agreement, the landlord shall have to return any prepaid rents and deposits (after deductions) to the tenant.
In addition, the tenant may also sue the landlord for actual damages, punitive damages plus attorney fees. T.C.A. § 66-28-504
According to Tennessee landlord tenant law T.C.A. § 66-28-405.(a),(b)(1), the tenant has abandoned the property when in ANY of the following situations:
In situations 2 and 3 above, the landlord has to post a written notice at the rental unit and send a copy of it to the rental address by regular mail.
This notice must include the landlord's phone number, mailing address AND the following details:
Once the property is abandoned, the landlord may enter it, clean it, and re-rent it.
The landlord has to remove the tenant's belongings from the rental unit and store them elsewhere for at least 30 days. If the tenant doesn't collect the belongings within 30 days, the landlord can choose to dispose or sell the belongings. T.C.A. § 66-28-405.(c)
The landlord may use revenue from selling the belongings to pay for the following:
If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online .
