Your Rights as a Renter During Foreclosure in Tennessee

If you’re renting a home in Tennessee, you may worry about what happens if your landlord’s property goes into foreclosure. This situation can be stressful, but Tennessee state law and some federal protections outline your rights. Understanding the rules, timelines, and where to seek help can make dealing with foreclosure less daunting.

What Happens to Tenants When a Landlord Faces Foreclosure?

Foreclosure means your landlord’s mortgage lender is taking possession of the property due to missed mortgage payments. In Tennessee, if your rental home is foreclosed, the new property owner—often a bank—may have the right to end your lease. However, important protections exist for tenants.

Tennessee’s Protections for Renters in Foreclosure

Thanks to the federal Protecting Tenants at Foreclosure Act (PTFA) and state landlord-tenant law, you have certain rights:

• If you have a written lease, you may stay until the lease ends, except if the new owner intends to live in the property as their primary residence.
• If you rent month-to-month or if the new owner intends to move in, you must receive at least 90 days’ written notice before being required to move.
• The new owner becomes your landlord and must continue to honor existing lease obligations during this period, including maintenance and repairs.

For more on the Protecting Tenants at Foreclosure Act, see the official text.

Required Notices and Evictions During Foreclosure

After foreclosure, you cannot be evicted immediately. The new owner must provide you with official notice. In Tennessee, the process generally involves:

• A written 90-day notice to move if the new owner wishes to end your tenancy.
• Eviction proceedings may only begin after this notice period if you have not left.
• Eviction must follow Tennessee’s legal process, including notice and a court hearing.

Key Official Form: Detainer Warrant (Uniform Civil Warrant)

Name: Detainer Warrant (Uniform Civil Warrant)
Use: This form is filed by the new owner to begin eviction proceedings if you remain in the property after your notice period.
How it works: For example, if you received a 90-day notice and have not left by the end, you may be served with a Detainer Warrant. You must attend the court date to present your situation.
Official source: Download the Uniform Civil Warrant

What to Do If You Receive a Foreclosure or Eviction Notice

If you get any notice about foreclosure or eviction:

• Read the notice carefully. Confirm whether it’s a 90-day notice or a court summons.
• Know your rights under the Tennessee Uniform Residential Landlord and Tenant Act.
• Attend any scheduled court hearing and bring all relevant documents (lease, payment records, notices).
• Contact a legal aid office or the court for guidance (details below).

Your Rights to Repairs, Security Deposits, and Utilities

While the foreclosure is being processed and until you’re lawfully evicted, the new property owner must:

• Continue to provide all services promised in your lease
• Return your security deposit in accordance with Tennessee law
• Not cut off utilities during your tenancy

If your security deposit is not returned, you may file a complaint with the appropriate county court.

How Tennessee Handles Tenant Evictions After Foreclosure

The main tribunal responsible for eviction cases in Tennessee is the Tennessee General Sessions Court. Only a judge can order you to leave, and you must be given the chance to appear in court after any Detainer Warrant is filed.

Tennessee’s relevant tenancy legislation is the Tennessee Uniform Residential Landlord and Tenant Act (for counties with populations over 75,000). For other areas, common law applies with some local regulations.^[1]

FAQ: Foreclosure and Renters in Tennessee

1. Do I have to leave as soon as my landlord’s property is foreclosed?
   No. You’re entitled to written notice, usually at least 90 days, and cannot be forced out without a court order.
2. What if the new owner wants me to leave before my lease ends?
   Generally, you can stay until your lease expires unless the new owner plans to move in. If so, you must get 90 days’ notice.
3. Will my security deposit be returned after foreclosure?
   The new owner is responsible for returning your security deposit or providing a written explanation if funds are withheld.
4. Should I keep paying rent after foreclosure?
   Yes, continue paying rent, but confirm who the new owner/landlord is and request a written confirmation of where to pay rent.
5. Where can I get help if I receive a Detainer Warrant?
   Contact your local legal aid office, the General Sessions Court, or Tennessee’s Renters’ Rights resources for advice and possible representation.

Need Help? Resources for Renters

• Tennessee General Sessions Court – Handles eviction and rental disputes
• Tennessee Housing Development Agency – Renter info and state programs
• Tennessee Attorney General's Office – Consumer Division – For complaints or suspected illegal actions by landlords or representatives
• Legal Aid of Tennessee – Free or low-cost legal help

---

^[1] For full legal text, see the Tennessee Uniform Residential Landlord and Tenant Act and official statutes. PTFA info: Protecting Tenants at Foreclosure Act.

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