Tennessee Hotel and Motel Tenant Rights: What Renters Should Know

If you are living in a hotel or motel in Tennessee for a short or long period, it's important to know when you are considered a tenant—and what rights you have. The rules for hotel and motel stays in Tennessee differ from traditional apartment rentals, but state laws may still offer you protections if your situation meets certain criteria.

When Does a Hotel or Motel Guest Become a Tenant in Tennessee?

Generally, hotel and motel guests in Tennessee are not considered tenants under state law. However, if you live in the same room, pay rent regularly, and use it as your primary residence, you may develop tenant rights after a certain period. This is especially true if:

• You have lived in the hotel or motel for 30 days or longer
• You receive mail or list it as your primary address
• Your room is not cleaned by staff without your permission
• You pay rent (not nightly/weekly only) similar to a lease

The difference matters because tenants have legal protections, while short-term guests can be removed with little notice.

Which Law Governs Hotel and Motel Tenancy in Tennessee?

The Uniform Residential Landlord and Tenant Act (URLTA) (Tennessee Code Annotated §§66-28-101 et seq.) is the main legislation overseeing tenant rights in Tennessee. However, URLTA generally only applies to cities/counties with a population over 75,000. Check if your location is covered, as rural areas may fall under general landlord-tenant law instead.^[1]

If you have questions, or if you’re unsure about your tenant status, you can contact the Tennessee Department of Commerce & Insurance, Consumer Affairs for guidance or submit a complaint.

Eviction Rules: What If You Stay Too Long?

If you are considered a tenant (for example, after 30+ days of continuous stay), the hotel or motel cannot simply lock you out or remove your belongings. Instead, the landlord (or hotel manager) must:

• Give written notice to leave, usually at least 14 days for nonpayment (7 days for other violations)
• File a formal eviction (called "detainer warrant") with the local General Sessions Court if you refuse to leave
• Avoid self-help evictions, like changing locks or cutting off utilities without a court order

Guests who are not considered tenants (for example, staying less than 30 days as a traditional hotel guest) can usually be asked to leave at any time under hotel policies and state law.

Key Forms for Hotel and Motel Tenants

Detainer Warrant (Civil Eviction Complaint)

• When used: If a hotel or motel believes you are a tenant and want you to leave, they must file a Detainer Warrant with the General Sessions Court.
• For renters: If you receive a detainer warrant, this is your formal eviction notice. Attend your court date to defend your rights.
• Download the official Detainer Warrant form (Tennessee Courts)

Complaint Form (Consumer Protection)

• When used: Use the Consumer Complaint Form if you believe a hotel or motel has illegally evicted you or withheld your belongings.
• For renters: File this complaint with the Tennessee Department of Commerce & Insurance.
• Consumer Complaint Form (PDF)

What To Do If You're Facing Eviction from a Hotel or Motel

If you have been staying long-term and the hotel or motel tries to evict you without going through the court process, you have rights. Here are steps you can take:

• Politely inform management you have tenant rights under Tennessee law if you have lived there 30 days or more and consider it your primary residence
• If threatened with a lockout or utilities shutoff, document everything with photos, messages, and witness statements
• If you receive a Detainer Warrant, go to your court date with any evidence of your tenancy
• Contact the General Sessions Court or legal aid if you need assistance

Residential Tenancy Hearings and The Official Tribunal

Eviction cases involving hotel or motel tenancies are heard at the General Sessions Court in your county. This is the designated tribunal for landlord-tenant disputes in Tennessee.^[2]

FAQ: Tennessee Hotel and Motel Tenant Rights

1. When do I become a "tenant" rather than a "guest" in a Tennessee hotel or motel?
   Generally, if you live in the same room for 30+ days and treat it as your primary residence, you gain tenancy rights and court-ordered eviction protections.
2. Can the hotel or motel change my locks or remove me without warning?
   If you are a tenant, the owner must file for eviction and cannot lock you out or remove your property without a court order.
3. I got a Detainer Warrant – what should I do?
   Attend your court hearing in General Sessions Court with all relevant documentation, including proof of residency and rent payments.
4. Are hotel and motel residents covered by Tennessee's rental laws?
   In many cases, yes—especially in urban areas and for longer-term stays. The Uniform Residential Landlord and Tenant Act (URLTA) applies in covered counties/cities.
5. Where can I get help if I think my rights were violated?
   Contact the Tennessee Department of Commerce & Insurance or your local General Sessions Court for support or to file a complaint.

Conclusion: Key Takeaways for Tennessee Hotel and Motel Renters

• After 30 days or if you treat your hotel/motel room as your home, you likely have tenant rights and cannot be evicted without court involvement.
• Always respond to official eviction forms and know that self-help evictions are not allowed under Tennessee law.
• Forms like the Detainer Warrant and Consumer Complaint are vital—know when and how to use them for your protection.

Understanding your rights as a hotel or motel resident in Tennessee helps you avoid unlawful evictions and seek help when you need it most.

Need Help? Resources for Renters

• Tennessee Department of Commerce & Insurance: Renters Guide – Official handbook and complaint information
• Tennessee General Sessions Court Directory – Find your local court for eviction hearings
• Consumer Complaint Form (PDF) – For reporting unlawful eviction or withheld property
• Legal Assistance for Renters – Advocacy and free legal help for qualified Tennesseans

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1. See Tennessee Uniform Residential Landlord and Tenant Act (official state guide)
2. Find your county's General Sessions Court for eviction proceedings

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