Tennessee Rental Smoking Rules: What Renters Need to Know

If you're moving into a rental in Tennessee, it's essential to understand the smoking policies your landlord may have in place. Whether you smoke or just want to avoid secondhand smoke, knowing the rules helps ensure a comfortable living environment. Tennessee law gives landlords the right to set their own smoking policies—but they must be clear, consistent, and properly disclosed to renters under the law.

How Smoking Policies Are Set in Tennessee Rentals

There is currently no Tennessee state law that requires landlords to ban smoking in rental housing. However, landlords may prohibit or restrict smoking in their units, buildings, or common areas if they choose.^[1]

• Landlords often include smoking rules in the lease agreement or as part of the "house rules".
• If there is no smoking policy stated in your lease, then smoking is typically allowed, unless prohibited by building regulations or local ordinances.
• Landlords are expected to notify renters about any smoking restrictions before move-in.

It is important to review your lease carefully before signing. Look for any sections describing smoking policies and ask questions if anything is unclear.

Mandatory Disclosures Related to Smoking

While Tennessee law does not specifically require a "smoking policy disclosure," landlords must provide renters with clear information about key terms and property policies according to the Tennessee Uniform Residential Landlord and Tenant Act. Any smoking rules should be expressed in your lease agreement or in a written addendum.^[2]

• If you signed a lease that does not allow smoking, violating the policy may lead to warnings, charges for damages, or even eviction.
• Some federally subsidized apartments are required to be smoke-free under HUD regulations.^[3]

Example Smoking Policy Addendum

Landlords in Tennessee sometimes use a smoking policy addendum to clarify expectations. This document details where smoking is allowed, types of smoking covered (tobacco, marijuana, e-cigarettes), and enforcement procedures.

• Form Name: Rental Agreement Addendum - Smoking Policy (No official state form number)
• When Used: Added to new or renewing leases, especially when there is a policy change or clarification about smoking rules.
• Example: If your building just went smoke-free, your landlord might provide this addendum for you to sign on lease renewal.
• Sample Addendum: Downloadable sample forms and templates can be found on the Tennessee Department of Commerce & Insurance - Landlord-Tenant Resources.

Damage, Secondhand Smoke, and Tenant Rights

Renters are generally responsible for any damages caused by smoking, including stains, burns, or lingering odors. Tennessee law allows landlords to withhold part of the security deposit to repair these damages if they are considered "beyond ordinary wear and tear."^[2]

• If secondhand smoke from a neighboring unit is affecting your health and there is no clear smoking policy, discuss your concerns with your landlord.
• In multi-unit buildings, landlords can designate certain areas or units as smoke-free—which should be communicated to all renters.

If you believe your landlord is not enforcing the smoke-free policy or you suffer property damage from unauthorized smoking, you have the right to make a formal complaint or pursue action under state law.

Filing a Complaint: How and When to Take Action

• Start by addressing the issue directly with your landlord in writing, referencing the lease or any addenda.
• If unresolved, contact the Tennessee Consumer Affairs Division or your local housing code office for further help.

The primary authority for landlord-tenant disputes in Tennessee is the General Sessions Court in your county. For details and guidance, visit the Tennessee General Sessions Court page.^[4]

Keep written records of all correspondence, photos, and any evidence of damage as you seek a solution.

FAQs About Smoking and Rental Rights in Tennessee

1. Can my landlord ban all smoking in my apartment?
   Yes, Tennessee landlords can ban smoking in rental units as long as the policy is included in your lease or as an addendum. It must be clearly disclosed and applied fairly to all tenants.
2. What happens if I smoke where it is prohibited?
   If you violate a non-smoking policy in your lease, you may receive a warning or notice. Continued violations can lead to charges for damages or possible eviction.
3. I’m bothered by secondhand smoke—what can I do?
   First, talk to your landlord and check your lease for relevant policy details. If you are in a smoke-free unit but being exposed, your landlord has a duty to enforce rules. Document the issue and escalate if needed.
4. Does any Tennessee law require smoke-free apartments?
   There are no statewide restrictions, but HUD requires smoke-free policies for many federally subsidized housing programs. Some local ordinances may set stricter rules.
5. How do I get a smoking rule or exception in writing?
   Request a written addendum from your landlord and keep a copy with your lease. Only what is in writing is enforceable under Tennessee law.

Key Takeaways for Renters

• Landlords can set smoking policies, including complete bans, but must disclose them in writing—typically in your lease.
• No statewide law requires smoke-free rentals, but property damage from smoking can affect security deposits and lease renewals.
• Keep documentation and work with your landlord or local authorities if issues arise around smoking or policy enforcement.

Understanding your lease and local policies protects your rights and helps you enjoy your new Tennessee rental home.

Need Help? Resources for Renters

• Tennessee Division of Consumer Affairs – Helpline and consumer complaint forms
• Tennessee Department of Commerce & Insurance – Landlord-Tenant Section
• Tennessee General Sessions Court – Handles landlord/tenant claims and disputes
• HUD Tennessee Public Housing Resources – For federally subsidized housing rules

---

1. Tennessee Uniform Residential Landlord and Tenant Act, Tenn. Code Ann. § 66-28. Read the Tennessee Uniform Residential Landlord and Tenant Act
2. Tennessee Dept. of Commerce & Insurance – Landlord-Tenant Resources
3. HUD Smoke-Free Public Housing Rule
4. Tennessee General Sessions Court – About

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