Tennessee Renters’ Rights: Implied Warranty of Habitability Explained

If you rent a home or apartment in Tennessee, you have a legal right to safe and livable housing—even if it’s not promised in writing. This core protection, called the "implied warranty of habitability," ensures your landlord must keep your rental safe, sanitary, and fit to live in. It's part of your rights as a tenant under Tennessee law, aiming to give every renter a basic standard of living, regardless of your lease type or neighborhood.

What Is the Implied Warranty of Habitability?

The implied warranty of habitability is a legal principle that requires landlords to maintain rental properties at minimum standards for health and safety. In Tennessee, this means landlords are responsible for making necessary repairs and ensuring your unit has basic utilities, running water, working heat, and is free from major hazards.

This warranty exists automatically, whether or not it’s mentioned in your lease agreement. If a landlord fails to provide habitable living conditions, renters have rights to request repairs or, in some cases, take further steps.

Minimum Habitability Requirements in Tennessee

Under the Tennessee Uniform Residential Landlord and Tenant Act (URLTA)¹, landlords must:

• Comply with applicable building and housing codes that affect health and safety
• Keep common areas clean and safe
• Maintain essential services: running water, hot water, heat, and in many cases, air conditioning
• Repair electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems
• Provide and maintain waste containers and arrange for removal if there are multiple units

These standards apply to most rentals in Tennessee counties with populations over 75,000. Smaller counties or certain types of rentals (like single-family homes) may have different standards. For exact coverage, check the state’s eligibility map or contact local government offices.

What Should Renters Do If a Home Is Not Habitable?

If you notice unsafe or unhealthy conditions—such as no heat in winter, plumbing that doesn't work, broken locks, or mold—there’s a clear process to follow:

• Notify your landlord in writing. Describe the problem and the repairs needed. Email, mail, or hand-deliver your request so you have a record.
• Give your landlord "reasonable" time to fix the issue (usually about 14 days for routine repairs, or less for urgent problems).
• If your landlord doesn’t respond, you have options that may include filing a complaint, seeking repairs yourself, or ending your lease in certain serious cases.

Official Forms and How to Use Them

• Notice of Breach of Habitability (no universal form or number in Tennessee): If your landlord is not making repairs, your written request serves as the formal notice. Clearly state the issue, request a timeline, and keep a copy.
  Example: If your heating goes out, write your landlord describing the problem and keep a dated copy as proof.
• Notice of Termination of Rental Agreement (no standardized state-wide form): If repairs are not made within the time allowed by law, you may give a notice to end your lease early for serious health or safety violations. Always reference the issue, date, and lease details. Find more guidance at the Tennessee Department of Commerce & Insurance.

While Tennessee doesn’t provide state-issued forms for these notices, you can find sample formats with direct language on the official state renters' rights portal or request help from local legal aid.

Who Handles Renters’ Complaints in Tennessee?

There is no single state tribunal dedicated solely to landlord-tenant disputes. However, tenants in major Tennessee cities can often file complaints with:

• Nashville Department of Codes & Building Safety
• City of Memphis Housing & Community Development
• Local city or county housing code enforcement offices

Serious disputes can also be taken to your local General Sessions Court, which hears landlord-tenant matters.

Relevant Tennessee Legislation

• Tennessee Uniform Residential Landlord and Tenant Act (Tenn. Code Ann. §§ 66-28-101 to 66-28-521)

Common Questions about Habitability for Tennessee Renters

1. What can I do if my landlord refuses to make needed repairs?
   You should send a written notice requesting the repair and keep a copy. If your landlord still refuses after a reasonable time, you may be able to end your lease or take the matter to local code enforcement or the General Sessions Court.
2. Does the implied warranty of habitability apply to all rentals in Tennessee?
   The warranty generally applies to rental units in counties with more than 75,000 people, covered under the Tennessee Uniform Residential Landlord and Tenant Act. Check if your county is covered, as some rural areas may follow different rules.
3. Can I withhold rent if my landlord does not fix things?
   Tennessee law does not give tenants the right to stop paying rent unless a judge orders it. It’s important to follow the legal process—sending notice and possibly seeking court assistance—before taking action with your rent.
4. How soon must a landlord make urgent repairs?
   For conditions affecting health or safety, landlords must act as quickly as possible. For less urgent repairs, Tennessee law suggests 14 days is a reasonable time for response.
5. Who do I contact for emergency housing help or code enforcement?
   Check your local city or county’s housing code office, or see the resource section below for key links.

Need Help? Resources for Renters

• Tennessee Department of Commerce & Insurance: Renters Rights and Resources
• Tennessee General Sessions Courts: Dispute Filing and Information
• Tennessee Justice Center: Tenant Advocacy
• Your municipality’s code enforcement or housing department (look up your city/county website for local offices)

---

1. Tennessee Uniform Residential Landlord and Tenant Act (Tenn. Code Ann. §§ 66-28-101 to 66-28-521)
2. Tennessee Department of Commerce & Insurance—Renters’ Rights
3. Tennessee General Sessions Courts

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations