How to Transfer a Lease to a New Tenant in Tennessee

Transferring your lease, often called a "lease assignment" or "subletting," can be a practical solution if you need to move out before your lease ends in Tennessee. Understanding your rights and the proper process is key, since not all agreements—or landlords—permit this option. This guide explains the essentials for Tennessee renters, covering the rules, required forms, and official resources to ensure a smooth transition.

Understanding Lease Transfers in Tennessee

There are two main ways to let someone else live in your rental:

• Lease Assignment: The new tenant (assignee) takes over your responsibilities under your existing lease. You usually move out and are no longer responsible, but the landlord’s approval is typically required.
• Subletting: You remain on the lease and are legally responsible for rent and damages. The new renter (subtenant) lives in the unit and pays you or the landlord directly.

Not all leases allow assignment or subletting—always review your signed lease. In Tennessee, landlords may prohibit or restrict these options, but any rules must be spelled out in your lease agreement. If your lease is silent, you must obtain your landlord's written consent before assigning or subletting.^[1]

What Does the Law Say?

In Tennessee, the rules for transferring leases are covered in the Tennessee Uniform Residential Landlord and Tenant Act (T.C.A. Title 66, Chapter 28). Local rules may also apply in some cities. The Tennessee Department of Commerce & Insurance oversees residential landlord-tenant issues in the state.^[2][3]

When and How to Use an Assignment or Sublet Agreement

If your landlord permits a lease transfer, you and the new renter must sign paperwork outlining the transfer terms and gaining landlord approval.

• Tennessee Lease Assignment Agreement: This document officially transfers your lease and its obligations to the new renter with landlord consent.
• Tennessee Sublease Agreement: This form allows someone to temporarily rent your place while you remain responsible to the landlord. Always seek landlord's written approval first.

Note: Tennessee does not provide official state-issued lease assignment or sublease forms. It's best to carefully draft agreements and consider contacting legal aid for assistance. Make sure any agreement includes all tenant, landlord, and unit details, dates, and signatures.

Action Steps: How to Transfer Your Lease in Tennessee

• 1. Review Your Lease: Read your lease for any assignment or subletting clauses.
• 2. Request Written Permission: Send your landlord a dated written request, describing your situation and proposed new tenant—keep a copy for your records.
• 3. Provide Supporting Information: Be ready to submit information about the new renter (for landlord screening), as requested.
• 4. Complete a Lease Assignment or Sublease Agreement: If the landlord agrees, draft and sign an agreement, then have the landlord sign too.
• 5. Confirm Change in Writing: Obtain written confirmation from your landlord that the transfer was approved and recorded.

Important Considerations

• Never transfer a lease without the landlord's formal, written consent.
• Keep copies of all documents and communications about the transfer.
• If in doubt, consult the Tennessee Consumer Affairs Division or seek free legal help from organizations like Tennessee Justice Center.

FAQ: Lease Transfers for Tennessee Renters

1. Is my landlord required to allow me to transfer my lease?
   Tennessee law does not require landlords to permit lease transfers unless your lease specifically says so. Always check your signed agreement.
2. What happens if I transfer my lease without landlord approval?
   You could face eviction and be liable for damages or rent owed. Always get written consent before assigning or subletting.
3. Can the new tenant take over my security deposit?
   Usually, the security deposit arrangement is between you and the landlord. Ask the landlord if they will transfer the deposit or require a new one from the incoming tenant.
4. Are there official forms for lease transfers in Tennessee?
   No, the state does not publish official forms for lease assignments or subletting. Written agreements are recommended, and legal resources can help draft them if you need assistance.
5. Who can help if I have a dispute over a lease transfer?
   You may contact the Tennessee Department of Commerce & Insurance for guidance and mediation resources.

Conclusion: Key Takeaways

• Always check your lease for assignment and subletting rules and obtain written landlord approval before transferring a lease.
• Tennessee does not provide official transfer forms—be thorough with documentation and consider legal support when creating agreements.
• For help, use resources like the Tennessee Department of Commerce & Insurance and local tenant advocacy groups.

Need Help? Resources for Renters

• Tennessee Department of Commerce & Insurance – Consumer Resources
• Tennessee Justice Center – Tenant Legal Aid & Support
• Tennessee Regulatory Boards (for residential tenancies)
• Tennessee Judicial Branch – small claims and housing court info
• Tennessee Uniform Residential Landlord and Tenant Act (Official PDF)

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1. Tennessee Uniform Residential Landlord and Tenant Act (T.C.A. Title 66, Chapter 28)
2. Tennessee Department of Commerce & Insurance Consumer Resources
3. Tennessee Justice Center

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