Tennessee Late Rent Fee Laws: What Renters Need to Know

Every renter in Tennessee may face a late rent payment at some point. It's important to know exactly how much a landlord is allowed to charge you for late rent, and what your rights are under Tennessee law. State rules, as outlined by official legislation, set clear guidelines for late fee amounts and the notice your landlord must provide. This quick guide breaks down the limits and your best next steps if you get a late fee, using plain language and up-to-date legal sources.

Understanding Late Rent Fees in Tennessee

In Tennessee, landlords may legally charge late fees, but there are limits on how much and when they can apply them. The law is designed to balance fair treatment for both landlords and tenants.

How Much Can a Landlord Charge for Late Rent?

• Under Tennessee landlord-tenant law, the maximum allowable late fee is 10% of the amount of rent past due.
• Example: If your monthly rent is $1,000, the landlord can charge up to $100 as a late fee.

This limit applies to all rental properties covered by the Tennessee Uniform Residential Landlord and Tenant Act (URLTA), which generally covers counties with a population over 75,000. In areas not covered, local ordinances may apply. Always confirm which rules apply in your specific city or county.^[1]

When Can a Late Fee Be Charged?

• The late fee can only be charged if your lease agreement includes this rule in writing.
• The fee cannot be charged until rent is at least five days overdue. The date rent is due and what counts as late should also be in your rental agreement.^[2]

Notice Requirements for Late Fees

Your landlord must follow notice procedures if they plan to pursue action for unpaid late fees, but they are not legally required to give a separate warning before applying the late fee itself—unless your lease says otherwise. Always ask for written notice of any charges you do not recognize, and review your lease carefully.

Relevant Official Forms and How to Use Them

• Notice of Nonpayment of Rent (5-Day Notice)
  Form Name/Number: There is no statewide standard form, but the requirement is found in Tenn. Code Ann. § 66-28-201(d).
  How It's Used: If rent is unpaid (including late fees), your landlord may serve this notice demanding payment within 5 days or face eviction. For example, if you receive this notice after not paying rent plus a late fee, you must pay in full or risk further legal action.
  Download the official 5-Day Notice for Unpaid Rent (PDF)

What Tribunal Handles Rent Fee Disputes?

• Renters in Tennessee can take landlord-tenant disputes to Tennessee General Sessions Court. This is the primary official forum if you can't resolve a dispute directly with your landlord.

Your Legal Protections and Next Steps

Tennessee law protects renters against unreasonable late rent fees, provided you act promptly:

• Review your written lease to confirm late fee terms.
• Keep copies of all payment receipts, notices, and communications.
• If a late fee seems illegal (more than 10% of overdue rent, or charged before 5 days overdue), ask your landlord to correct it in writing.
• If you can't resolve it, consider mediation, or file a complaint in General Sessions Court.

Frequently Asked Questions (FAQs)

1. Can a landlord charge a late fee without it being in the lease?
   No. In Tennessee, a late fee can only be charged if it's stated in your written lease agreement.
2. Is there a maximum late fee for rent in Tennessee?
   Yes. The law limits late rent fees to 10% of the overdue rent amount.
3. How soon after rent is due can a tenant be charged a late fee?
   A landlord must wait at least 5 days after the rent due date to assess a late fee.
4. What should I do if I am charged an incorrect late fee?
   Ask your landlord, in writing, to explain or adjust the fee. If they will not cooperate, you can seek help in General Sessions Court.
5. Where can I get official help for a rent dispute?
   You can contact your local General Sessions Court or the Tennessee Consumer Affairs Division for guidance.

Need Help? Resources for Renters

• Tennessee Department of Commerce & Insurance - Renters Resources: Tenant rights, fair housing resources, and support for rental issues.
• Tennessee General Sessions Courts: Handles landlord-tenant disputes (find your county's court).
• Tennessee Consumer Affairs Division: File complaints or get information about rental housing rights.
• Tennessee Emergency Assistance Programs: Temporary help if you're having trouble paying rent.

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1. Tennessee Uniform Residential Landlord and Tenant Act (full text of Tennessee rental laws), sections 66-28-201, 66-28-501.
2. Tennessee Department of Commerce & Insurance – official tenant guidance.

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