Tennessee Renters’ Rights: Dealing with Mold in Your Rental

Mold can cause serious problems for renters in Tennessee—including property damage and potential health risks. If you’ve discovered mold in your rental home, it’s important to know your rights and what you can do. Tennessee law protects tenants’ right to a safe and livable home, and that includes addressing issues like mold under the state’s habitability requirements. This guide will walk you through your rights, obligations, and the steps you can take under Tennessee rental law if you’re dealing with a mold problem.

Your Right to a Habitable Rental Home

Tennessee’s landlord-tenant law—called the Uniform Residential Landlord and Tenant Act (URLTA)—requires landlords to keep rental units "fit and habitable" (livable), especially in counties with a population over 75,000.^[1] Part of this duty includes repairing leaks, water damage, and taking care of problems that could cause mold. If you live in a qualifying county, your landlord must:

• Make necessary repairs to keep the home safe and healthy
• Maintain plumbing, heating, and other essential services
• Respond in a reasonable time to written repair requests

If you’re not sure whether URLTA applies in your county, you can check the official list of counties covered by the law.

What Should Renters Do When They Find Mold?

If you spot mold or notice signs like musty odors, leaks, or water stains in your rental, take action quickly. A mold problem can worsen over time. Here’s a summary of where to start:

• Take clear, dated photos of the mold and areas of water damage
• Notify your landlord in writing right away—this is the first step to protect your rights
• Keep copies of all communications and any repair requests

Official Repair Request Form

For renters living where the URLTA applies, there is no specific statewide form, but you should send a written notice (letter or email) describing the problem. The Tennessee Department of Commerce & Insurance provides guidance on Report/Request for Repairs. Include:

• A detailed description of the mold or water problem
• Your complete address and contact details
• A request for prompt repairs in line with the law
• Photos if possible, for documentation

After you submit a written repair request, your landlord should respond promptly. If they fail to act, you may have options, such as contacting local code enforcement or, in serious cases, withholding rent or ending the lease (but never withhold rent without following legal steps).

Filing a Complaint: Who Oversees Tenant Rights in Tennessee?

There is no statewide tenant-landlord tribunal in Tennessee. However, housing code complaints are handled locally—typically through city or county codes departments. In covered counties, disputes or serious habitability violations can be brought to the General Sessions Court. This is Tennessee’s official legal body for landlord-tenant issues.

If your landlord refuses to address mold or unsafe conditions after written notification, you may:

• File a formal complaint with your local building or health department
• Seek court intervention for habitability violations

Relevant Legislation

• Tennessee Uniform Residential Landlord and Tenant Act (URLTA) - Tenn. Code Ann. § 66-28-101 et seq.^[1]

Responsibilities: Landlord and Tenant

Every party has important duties under the law:

• Landlords must repair leaks, water damage, and issues that threaten health or safety—including those causing mold
• Tenants must keep their rental clean, promptly report problems, and avoid causing excessive moisture or neglect

Failure to act on either side can impact your legal options, so document every step carefully.

If the Landlord Doesn’t Fix the Mold Problem

If your landlord does not make repairs after proper notice:

• Contact the local code enforcement office or public health department
• Check if you are eligible to make repairs and deduct costs (only as allowed by law and with written notice)
• File for relief in General Sessions Court

Important: Never stop paying rent or make major changes without legal advice or written court approval.

Sample Written Notice (No Official State Form)

Although there is no required state form, using clear, dated written notice protects your rights. Your letter might state:

• Date and your address
• Description of the mold/water issue
• Request for prompt repairs as required by state law
• Request a response by a specific date
• Your contact information

FAQ: Mold Repairs and Your Legal Rights

1. What should I do first if I spot mold in my Tennessee rental? Notify your landlord in writing immediately, include photos and details, and keep copies for your records.
2. Can I withhold rent if my landlord does not fix the mold problem? Do not withhold rent unless you have followed all notice steps and sought legal advice—improper withholding can risk eviction.
3. Who do I contact if my landlord ignores mold repairs? File a complaint with your local code enforcement or public health office, or seek help from General Sessions Court if health or safety is threatened.
4. Does Tennessee require landlords to test or remove mold specifically? Tennessee law does not require mold testing but does require landlords to fix moisture issues and keep homes habitable under the URLTA.
5. Is there an official state form for mold complaints? No, but you should submit a clear, dated written request for repairs to your landlord and use the sample format provided above.

Conclusion: Key Takeaways for Tennessee Renters Facing Mold Issues

• Prompt, written notice to your landlord is your most important first step
• Landlords are responsible for repairing sources of mold under Tennessee law in covered counties
• Keep detailed records and know you have the right to seek help from local code officials or court if repairs aren't made

Addressing mold early protects both your health and your legal rights as a Tennessee renter.

Need Help? Resources for Renters

• Tennessee Department of Commerce & Insurance: Landlord-Tenant Information
• General Sessions Court Directory – For rent and habitability disputes
• Tenant Rights & Responsibilities Guide (PDF)
• Your local city/county code enforcement or public health department (search by city or county government website)

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1. Tennessee Uniform Residential Landlord and Tenant Act: Official Text
2. Covered Counties under URLTA: Current List (PDF)
3. Department of Commerce & Insurance Tenant Resources: Official Website

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