Who Pays for Accessibility Modifications in Tennessee Rentals?

If you live in Tennessee and need changes or improvements to your rental because of a disability, you may wonder who is responsible for paying for these accessibility modifications. Understanding your rights as a renter, what laws apply, and how the process works can make it much easier to get the accommodations you need. This article explains how accessibility and disability-related modifications are handled in Tennessee rentals, including costs, legal protections, required forms, and helpful resources.

Legal Rights to Accessibility in Tennessee Rentals

Federal and state laws protect tenants with disabilities in Tennessee. These laws aim to ensure you have equal enjoyment of your home:

• Federal Fair Housing Act (FHA): Requires landlords to allow renters with disabilities to make reasonable modifications to their rental unit at the renter's own expense (unless the landlord receives federal funding).
• Tennessee Uniform Residential Landlord and Tenant Act (URLTA): This law sets the standards for rental housing in most of Tennessee’s largest counties and cities. It also covers anti-discrimination provisions for renters with disabilities (Tennessee Code Title 66, Chapter 28).¹

In most cases, the renter is responsible for paying for modifications, but there are important exceptions and procedures to follow.

Who Pays for Accessibility Modifications?

Generally, Tennessee renters must pay for any modifications needed to make a unit accessible, such as installing grab bars, ramps, or widening doorways. Landlords must allow reasonable modifications if you have a disability but they are not typically required to pay for them unless:

• The property receives federal housing assistance (e.g., Section 8 housing). In these cases, the landlord may have greater responsibility for funding alterations.
• The requested change is considered a "reasonable accommodation" (such as an assigned accessible parking spot), which is different from a physical modification and cannot involve structural changes or significant expense.

Landlords are permitted to request that modifications meet reasonable standards for work and appearance, and they may require restoration of the unit when you move out (except for reasonable wear-and-tear).

Process for Requesting and Completing Modifications

Before making any changes, renters should take these key steps:

• Submit a written request to your landlord or property manager clearly explaining what modification you need and why.
• If your disability is not obvious, you may need to provide a note from your healthcare provider, but only basic confirmation is required, not detailed medical records.
• Get written permission from the landlord before starting any work unless it’s an emergency.
• Hire qualified professionals for construction or modifications when required by local building codes.
• Discuss with your landlord any concerns about restoration when your lease ends.

It’s a good idea to document all communications in writing. Getting your landlord’s written approval first can prevent future disputes.

Important Forms for Accessibility Requests

• Tennessee Reasonable Accommodation/Modification Request Form (no official statewide number): Used to formally request changes due to a disability from your landlord.
  Example: If you need permission to install a shower grab bar, submit this form to your landlord for written approval.
  Find a sample form at the HUD official resource.²
• Verification of Disability Form (varies by housing provider): Sometimes used if your disability is not obvious. Your healthcare provider completes this and returns it to your landlord.
  Example: If your need for modifications isn’t clearly visible, your landlord may request this documentation.
  See the HUD guidance on verification of disability.³

Both forms are used for different stages in the process. Always keep a copy for your records.

Tenant Protections and Dispute Resolution

If your landlord denies a reasonable modification request or charges unreasonable fees, you have the right to file a complaint.

• The official agency for complaints in Tennessee is the Tennessee Human Rights Commission, responsible for enforcing fair housing laws.⁴
• You can also file a fair housing complaint through the U.S. Department of Housing and Urban Development (HUD).

FAQ: Accessibility Modifications in Tennessee Rentals

1. Do I always have to pay for accessibility modifications in my rental? Not always. Typically, renters pay for modifications, but landlords may pay when the property receives federal funds or for certain accommodations. Always verify with your landlord and check if funding programs are available.
2. Can my landlord deny my request for an accessibility modification? Your landlord cannot unreasonably deny a request for a necessary modification if you have a disability. If the modification would cause major structural changes or a significant burden, they may negotiate details, but must comply with fair housing laws.
3. Is my landlord allowed to require I return the property to its original condition? Yes, landlords in Tennessee can require you to restore the property (at your own expense) when you move out, except for wear and tear.
4. Can my landlord ask for a deposit for accessibility modifications? Landlords may require a "reasonable restoration deposit" in some cases, especially for extensive modifications. However, this amount must be reasonable and related to the actual expected cost.
5. Where can I get help if my modification request is denied? File a complaint with the Tennessee Human Rights Commission or HUD. These agencies investigate fair housing violations and can mediate disputes.

Key Takeaways

• Renters in Tennessee usually pay for disability-related modifications, but landlords must allow reasonable changes for accessibility needs.
• Always submit written requests and obtain approval before making modifications.
• If you face discrimination or denial, you can get help from the Tennessee Human Rights Commission or HUD.

Understanding your rights and responsibilities helps ensure your home meets your accessibility needs.

Need Help? Resources for Renters

• Tennessee Human Rights Commission: Handles housing complaints and provides guidance for disability accommodations.
• HUD Fair Housing Complaint Process: File a federal complaint for discrimination or denial of accessibility accommodations.
• Tennessee Long-Term Services and Supports: May assist renters with disabilities in finding support or funding.

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1. Tennessee Uniform Residential Landlord and Tenant Act (T.C.A. Title 66, Chapter 28)
2. HUD Sample Reasonable Accommodation/Modification Request Form
3. HUD & DOJ Joint Statement: Reasonable Accommodations Under the Fair Housing Act
4. Tennessee Human Rights Commission (THRC)

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