Tennessee Renter Guide: Occupancy Limits & Overcrowding Laws

Understanding occupancy limits and overcrowding laws is essential for renters living in shared housing or with roommates in Tennessee. Whether you're navigating issues with extra tenants or just want to make sure your rental situation is legal, knowing the rules helps you protect your home and prevent conflict with your landlord.

What Are Occupancy Limits in Tennessee?

Occupancy limits set the maximum number of people who can legally live in a rental unit. In Tennessee, these limits help ensure rental properties are safe and comply with health, safety, and building codes.

• The state does not have a single, detailed statewide occupancy law. Instead, limits are often set by local city or county housing codes based on unit size and number of bedrooms.
• The U.S. Department of Housing and Urban Development (HUD) recommends a general rule of two people per bedroom, but this can vary locally.
• Local building or fire codes often establish limits, sometimes allowing exceptions for family, infants, or reasonable accommodations.

How to Find Your Local Occupancy Limit

Your city or county government will have the specific rules. Some Tennessee cities publish their codes online, or you can call the local housing department. For state-level codes and landlord-tenant issues, the Tennessee Department of Commerce & Insurance is the key regulatory authority.

Overcrowding: What It Means and Why It Matters

Overcrowding occurs when a rental has more occupants than allowed by local codes or the lease agreement. This can create safety issues, violate fire codes, and give your landlord legal reason to act.

• Most leases in Tennessee will specify the allowed number of residents. Exceeding this can be grounds for eviction under state law.
• Landlords cannot unreasonably restrict lawful family growth or discriminate against families with children, under the Fair Housing Act.

What Happens If Occupancy Limits Are Exceeded?

If you go over local occupancy rules or your lease limit, your landlord may:

• Issue a written warning or notice to correct
• Begin eviction proceedings if the issue isn’t fixed within the required time
• Contact local authorities, who may inspect and issue violations

Always check both your lease and local rules—your lease can be stricter but not less strict than safety codes.

Tip: If you expect household changes (such as a new roommate or family addition), notify your landlord in writing first to avoid disputes or lease violations.

Key Tennessee Law and Official Process

The main law covering landlord-tenant relations in most cities is the Uniform Residential Landlord and Tenant Act (URLTA), found in Tennessee Code Annotated § 66-28. Local jurisdictions may have additional codes or forms for overcrowding complaints.

Official Form: Local Housing Code Complaint

• Form Name: Property Maintenance Code Complaint (varies by city/county)
• When/How Used: If there are unsafe or overcrowded conditions, renters can file a complaint with the local code enforcement office. For example, in Nashville-Davidson County, you fill out a Property Standards Complaint online or by calling 615-862-6590.
• Official Source: Nashville Property Standards Complaints

Resolution and Enforcement

Eviction for overcrowding or over-occupancy goes through local courts. Most disputes are handled under the Uniform Residential Landlord and Tenant Act. The Tennessee General Sessions Court in your county is the venue for rental disputes.

What Should Renters Do If There’s a Dispute?

If you’re accused of violating occupancy rules:

• Review your lease and local occupancy code.
• Ask your landlord to clarify the problem in writing.
• Contact local code enforcement for guidance or to report unsafe conditions.
• Seek legal help if facing eviction or discrimination.

Frequently Asked Questions

1. Can my landlord evict me for having too many roommates?
   Yes, if you exceed the number of occupants specified in your lease or violate local occupancy code, your landlord can begin eviction proceedings under Tennessee law.
2. Are children counted in occupancy limits in Tennessee?
   Usually yes, but some local codes make exceptions for infants or family members. Landlords cannot discriminate against families with children under the federal Fair Housing Act.
3. Where do I find my county or city’s occupancy rules?
   You should check your city or county code enforcement, building, or public health department. Most major Tennessee cities post codes online or can provide them on request.
4. What if a landlord is using occupancy limits to discriminate?
   If you believe an occupancy rule is being used to discriminate against you unlawfully, contact the HUD Fair Housing office for Tennessee or your local fair housing authority.
5. Who resolves disputes about occupancy or overcrowding in Tennessee?
   The Tennessee General Sessions Court in your county hears most landlord-tenant cases, including those related to occupancy or eviction.

Conclusion: Tennessee Occupancy Law Key Takeaways

• Occupancy limits are set locally—always verify with your city or lease.
• Overcrowding can lead to eviction; protect yourself by knowing the rules and keeping open communication with your landlord.
• File local complaints if living conditions are unsafe, and seek free legal support if facing court action.

Need Help? Resources for Renters

• Uniform Residential Landlord and Tenant Act (URLTA)
• Tennessee General Sessions Courts – Landlord-Tenant Section
• Nashville-Davidson County Property Standards Complaints
• HUD Fair Housing Office – Tennessee Region IV
• Tennessee Legal Aid Resources

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1. Tennessee Uniform Residential Landlord and Tenant Act (Tenn. Code Ann. § 66-28)
2. Tennessee General Sessions Courts – Landlord-Tenant Disputes
3. Tennessee State Building & Safety Codes
4. HUD Occupancy Standards Guidance
5. Federal Fair Housing Act—Prohibited Practices

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