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If You Rent a Place, Know
Your Legal Rights and
Duties
This is the right booklet for you IF you live in one
of these Tennessee counties: Anderson, Blount,
Bradley, Davidson, Hamilton, Knox, Madison, Maury, Montgomery, Rutherford, Sevier,
Shelby, Sullivan, Sumner, Washington, Williamson or Wilson
Be smart before
you move in
Rent and Expenses
Make sure you have enough money to pay
the rent. Your rent should be no more than
one-third of your income
.
Before you sign the lease, nd out how much
you will have to pay for:
• Security deposits
• Deposits for water, gas and electricity
• Pet deposits
Don’t pay a deposit or fee until you look at
the place you will rent.
Find out how much renter’s insurance will
cost. It can save you a lot of money if you
have a re or a ood. Your lease may say you
must have renter’s insurance. See our booklet
“Renter’s Insurance.”
Check for problems
Always check the
place for problems
before you move
in or sign a lease.
Look for a place
that is in good
shape, safe and t
to live in.
• The plumbing should work.
• The electrical wiring should be safe.
• The oors and walls should be strong
with no holes.
• The walls and
ceilings should keep
out the weather.
• If the place comes
with a stove or
refrigerator, these
must work.
• Stairs should be safe.
• There must be a
heater that works
and is safe.
• Doors and windows should have locks
that work.
What if you nd problems with the place
before you move in?
1. Before you sign a lease or move in, make a
list of the problems you see. Are small repairs
needed? Ask the landlord to x the problems
before you move in. Sign and date the list.
Important! Have the landlord sign this list
before you sign a lease and move in. Keep a
copy of the list in a safe place. You may need
it to get your security deposit back when you
move out.
2. Are big repairs needed? Don’t sign a lease or
move in.
3. What if the landlord only promises to x it
after you move in? Is this OK with you? Then
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have the landlord make a list and say when
each will be xed.
You and the landlord both
need to sign the paper. Keep a copy.
4. Take pictures when you move in. Save the
pictures in a safe place, with a copy of your
lease.
Security Deposit
A landlord may make you
pay a security deposit before
you move in. Get a receipt
that says “security deposit” and shows the date
and amount you paid. This is money to pay for
damage you might do while you live there. The
landlord must tell you which bank he puts your
deposit in.
Does the lease say the security deposit is non-
refundable? That means you will not get the
money back when you move out. See our
booklet “Security Deposit.”
Your Rent
You and the landlord should agree how much
rent you will pay. This agreement can be wrien
or spoken. It is best to get it in writing. Spoken
agreements are hard to prove. If problems come
up, a wrien lease is the best proof.
The lease
A lease says what you and the
landlord agreed to. It says how
much the rent and security
deposit will be. It says when
you must pay rent. It says who
can live there and for how
long. It says who pays the bills
for gas, lights and water. It says
if you can have pets or not. It says what the rules
are and what the landlord can make you pay.
Example: If you leave trash outside your door,
the lease may say you have to pay a fee. Or your
lease may make you pay a fee if you don’t mow
the lawn.
Before you sign a lease, read it carefully. If you
don’t understand something, don’t sign the lease.
The lease should say everything you and the
landlord agreed to. It should say if the landlord
has agreed to do repairs. The lease proves what
you and the landlord agreed to, so make sure it is
right.
Ask for a written copy of any renter’s rules.
Renter’s rules are usually things like dog leashes
and pool rules.
Does the landlord want to change the renter’s
rules after you sign the lease? He can’t IF it would
change what the lease says. But he can make
other changes to the rules. Don’t like the rules?
Then don’t sign the lease.
What if you don’t like something in the lease?
Before you sign it, talk to the landlord. IF both of
you agree, you can mark out parts you don’t like.
IF both of you agree, you can add new things to
the lease. Put your initials by changes in the lease.
Your landlord must also initial all changes. DON’T
sign a lease that is different from what you agreed
to. DON’T sign a lease you don’t understand or
agree with. Find someplace else to live.
Do you have an
e-mail address? Then
you can put it in the
lease. The landlord
can use it to write to
you and send you
notices. What if you
change your e-mail
address? Give the new
e-mail address to the
landlord in writing.
Warning! Check your e-mail often for
messages from your landlord. Check your in
box and spam folder. He may have important
news about your lease or rent.
OR he may be
telling you he needs to come inside in your
home.
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The landlord
can’t make you give an e-mail
address. What if you don’t want your landlord
to write to you by e-mail? Then don’t write your
e-mail address in the lease. The landlord can
write to you by regular mail.
Does the lease say you waive written notice? If
you get behind on your rent, the landlord can
take you straight to court. He can ask the judge to
make you move out. The landlord doesn’t have to
warn you in writing rst.
Get a signed copy of the lease. Keep it with your
important papers.
What if you don’t have a wrien lease? OR what
if you and the landlord just agreed but you don’t
have proof? Be careful. Later, the landlord can
say that you are trespassing and make you move
out (evict you).
What if you move in and can’t prove you have
an agreement? What if you can’t prove you
paid rent? The landlord can make you move out
(evict you). The landlord can ask a judge to order
you to pay rent, damages and lawyer fees. The
landlord can also ask the sheri to remove your
belongings from the property.
Here are the things you must do
while you live in the place
• Pay rent on time. You may
need to prove you paid
your rent. If you pay in
cash, always get a RECEIPT.
Be sure it is dated and
signed by the landlord and
says it was for rent. Save
all rent receipts. If you pay by check, save the
returned checks. If you pay by money order
or cashier’s check, save your receipt. Using a
check or cashier’s check is best. If you OK it,
your landlord may take your rent out of your
checking account.
• Pay late fees if your rent is late:
o If your rent is more than 5 days late, the
landlord can charge you extra. The 5 days
start the day the rent is due. Is the 5th day
on a Sunday or legal holiday? Then you
must pay the rent the next business day.
The most the late fee can be is 10% of the
rent you owe.
o Do you live in public housing? You
get a late fee if the rent is more than 10
days late. The late fee will be $10 OR
10% of your rent if that is less. NOTE: In
Rutherford County, the rules are dierent.
You get a $5 late fee if the rent is more
than 15 days late.
• Keep the place as clean and safe as when you
moved in.
• Don’t tear up the place or let anyone else tear
it up.
• Don’t upset the neighbors or break the law
in your home. Don’t let your family, friends
or visitors do it either. It is your fault if your
guests act up. The landlord can take you to
court and make you pay. He can also have
you evicted.
• Go by the landlord’s rules. But, if the rules
seem unfair or illegal, you may want to call
Legal Aid.
• Don’t leave trash or garbage
lying around.
Your rights as a renter:
• You have a right to a place that is t to live
in.
• You have the right
to live peacefully in
the place you rent.
The landlord can’t
bother you or keep
you from enjoying
your place.
The landlord may need to come into
your place sometimes. Most of the time,
the landlord needs your OK rst. If the
landlord has a good reason, you should
let him in.
Example: A good reason is
when the landlord needs to make repairs.
10-1-11
Rent
$500.00
J. Landlord
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• The landlord can come in without your OK
IF:
o It’s an emergency, like a re or ood.
OR
o You are gone longer than 7 days
without rst telling the landlord. OR
o You die or get too sick to answer the
door. OR
o You move out without telling the
landlord. OR
o You are sent to jail. OR
o The gas, water or lights have been
turned o and it’s not the landlord’s
fault. OR
o The landlord gets a court order.
The landlord can also show the place to someone
who wants to rent it. BUT this is only during the
last 30 days you live there. AND the lease must
say that it is OK. AND he must tell you he is
coming 24 hours ahead of time.
Changes in the lease
If you have a lease, your landlord must do what it
says. Example: The lease says you must pay $600
rent a month for the next year. If your lease says
that, the landlord can’t raise the rent until the
lease ends.
If you don’t have a lease,
the landlord can raise the
rent at any time. But the
landlord must tell you
ahead of time before raising
the rent. If you pay by the
month, you must be told a
month ahead of time. If you
pay by the week, you must
be told 10 days ahead of time.
Fair housing is the law
It’s against the law for a landlord to treat you
differently because of:
• Your race, color or country you are from OR
• Your sex OR
• Your religion OR
• Because you have children who live with
you OR
• Because you, or someone you live with,
has a disability
Do you think a landlord has treated you unfairly
for one of these reasons? Then call the U.S.
Department of Housing and Urban Development
hot line. Their number is 1-800-669-9777. It’s a
free call.
Some people have special rights because of their
disabilities. This group includes:
• People who do not see or hear well
• People using wheelchairs
• People who have intellectual disabilities
or mental retardation
• People with AIDS or HIV virus
• People with mental or physical disabilities
• People whose doctor or therapist
prescribed a service or emotional support
pet
If you have a disability, the landlord
must bend the rules if needed. But
it must be for something you need
because of the disability.
AND it can’t
cause too much of a hardship for
the landlord. It is a hardship if it is
very hard to do or costs too much.
Example: A “no-pets” apartment must
let a blind person keep a seeing-eye
dog.
If you are disabled, you have a right to make
reasonable changes to your place. This includes
things like adding a wheelchair ramp. You will
have to pay for the changes yourself.
Want to know more about this law? Here are
places you can call for free:
• Disability Information and Referral at
1-800-640-4636
• Tennessee Fair Housing Council at 615-
874-2344
• Legal Aid at 1-800-238-1443
• Housing and Urban Development at
1-800-669-9777
• Tennessee Human Rights Commission at
1-800-325-9664
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Repairs
The landlord must keep
the place t to live in
and in good repair. The
landlord must keep the
areas everyone uses
clean and safe also. The
landlord must make the
repairs the lease says he
will make. If your lease
says so, you have to do some repairs.
Does something need to be xed but it is not an
emergency? AND is it something the lease says
the landlord must x? OR is it needed to keep the
place safe and t to live in?
Then here’s what to do. The law says you must
write your landlord. It must be in writing so you
have proof. Make sure it has the date on it. Keep a
copy. Wait 2 weeks (14 days). What if the landlord
doesn’t make the repair? You might be able to
move out. Call Legal Aid or a lawyer for advice.
Warning! You can only move out if the problem is
something that makes the place unsafe. Example:
Your window blinds are broken. This does not
make the place unsafe. You can’t use that as a
reason to move out.
Never skip paying rent because repairs have not
been made. Not paying rent breaks your lease.
The landlord can make you move out (evict you).
But see “Fixing things you can’t live without” on
page 6.
Did you have to spend money because the
landlord didn’t x things? Is it something the law
or the lease says the landlord must do? The judge
can make the landlord pay you back. But you
must have receipts that show how much you
spent.
Is the place UNSAFE?
Is it because of problems
like poor wiring or
plumbing, or roing
wood?
• In Anderson County, call Engineering and
Public Works at 865-457-6244.
• In Davidson County, call Metro Codes
Administration at 615-862-6590.
• In Maury County, call the Building Inspector
at 931-375-3005.
• In Montgomery County, call Building and
Codes at 931-645-7426.
• In Rutherford County, call Building Codes at
615-898-7734.
• In Sumner County, call the Codes
Department at 615-452-1467.
• In Williamson County, call Building Codes at
615-790-5718.
• In Wilson County, call the Building Inspector
at 615-444-3025.
Is the place NOT HEALTHY
because of problems like garbage,
bugs or rats?
• In Anderson County, call the Health
Department at 865-425-8800.
• In Davidson County, call the Metro Health
Department at 615-340-5616.
• In Maury County, call the Health
Department at 931-388-5757.
• In Montgomery County, call the Health
Department at 931-648-5747.
• In Rutherford County, call the Health
Department at 615-898-7880.
• In Sumner County, call the Health
Department at 615-824-0552
• In Williamson County, call the Health
Department at 615-794-1542.
• In Wilson County, call the Health
Department at 615-444-5325.
Can your landlord evict you if you ask to get the
place xed? Or for telling the health department
or codes department about the problem?
Maybe. The landlord can evict you for reporting
problems IF:
1. You are behind on your rent OR
2. The problems were caused by you,
someone living with you or your guests
OR
3. The landlord would have to tear down or
remodel your home to x the problems.
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What if the landlord tries to evict you but none
of these are true for you? Call Legal Aid at 1-800-
238-1443. It’s a free call.
Fixing things you can’t
live without
What if you don’t have any
lights, heat, gas, water, sewage or
plumbing? These are services you
need. Write your landlord about what is wrong.
Put the date on the leer and keep a copy.
What if these problems aren’t xed right away
after you send the leer? Were the problems NOT
your fault or the fault of someone in your home?
Then you can do one of these things:
• Use some of your rent money to get things
xed. Make a copy of the repair bill. Send
the copy to your landlord with the rest of
your rent. OR
• Sue your landlord for money. OR
• Get another place to stay while you wait
for repairs. You don’t have to pay rent
on the place being repaired till you move
back. OR
• Give 14 day notice and move out if the
repairs aren’t made.
What if the problems were your fault or your
visitor’s fault? You may have to pay for the
repairs. You can’t use your rent money to pay for
repairs that are your fault. You have to pay for
both your rent and repairs.
Your landlord can tow your car,
truck, trailer, motorcycle, bicycle,
etc.
1. A landlord can have you towed with no
warning if:
• A sign has rules for parking and you don’t
follow the rules OR
• A sign says no parking in a re lane and
you park there OR
• You park in front of a re hydrant OR
• Your car is in a “No parking” or
handicapped space OR
• A sign says your car must have a parking
permit, but it doesn’t.
2. A landlord must put a note on
the car 24 hours before towing
it if:
• The car doesn’t run AND it’s dangerous
for the people who live there.
3. A landlord must put a note on the car 10 days
before towing it if:
• The car doesn’t run but is not dangerous,
OR
• It has a at tire, OR
• The windows or windshield are broken,
OR
• Fenders or bumpers are missing, OR
• The tags are more than 30 days out of
date, OR
• It’s been there 7 days and it doesn’t
belong to a renter or their visitor.
If your car is towed, you will have to pay to get it
back.
What the landlord
can’t do to make you
move out
The landlord can’t change the locks to make you
leave! He can’t change the locks even if you are
behind on rent. He can’t change the locks even if
you broke the lease. This is against the law.
The landlord can’t set your things out on the
street until after the sheri comes.
The landlord
can’t shut off lights, water or gas to
make you leave! He can’t shut o lights, water or
gas even if you are behind on rent. He can’t shut
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o lights, water or gas even if you broke the lease.
This is almost always against the law.
Can the landlord ever cut o lights, water or gas?
Yes, if you move out or if:
• The lease says you will put the utilities in
your name, AND
• You don’t do it during the rst 3 days
after moving in.
You can sue a landlord who breaks
the law to force you out.
To make you move, the
landlord must rst go to
court.
When can the landlord make you
move?
If you have a lease, you can
stay in the place until the
lease is up. What if you
break the lease? Then the
landlord can make you
move before the lease is
up.
Not paying your rent is breaking the lease. Doing
anything that makes the place unhealthy or unsafe
is breaking the lease. The landlord can take you
to court. If your lease says so, you will have
to pay the rent.
AND the cost of the landlord’s
lawyer. What if your landlord can’t rent the
apartment again? Then you may have to pay for
the rent for the rest of your lease.
What if you
don’t have a lease? Then the landlord
can ask you to move any time. But the landlord
must give you wrien warning of how long you
have to move out. This wrien warning is called
notice. Keep reading to see how much time you
have to move.
Before going to court, the landlord must give
you
written warning to move out. It must say how
many days you have to get out. If you pay rent
weekly, the landlord must give you 10 days’
warning. If you pay rent monthly, the landlord
must give you a 14 day warning. If you don’t
move by then, the landlord can take you to court.
What if you tell the landlord you don’t want
wrien warning? OR your lease says you “waive
wrien notice”? Then he can take you to court
without warning if you are behind on rent.
How much time must the landlord
give you to move before he goes to
court?
How much time you get depends on WHY the
landlord wants you out.
• What if you did something dangerous or
threatened to? OR what if your family
or friends did? OR what if your family
or friends made the place unsafe or
unhealthy? Then the landlord only has to
give you 3 days to move out. Then he can
go to court to have you put out.
• What if you didn’t pay your
rent? Most of the time the
landlord must give you at
least 14 days to move. He must
tell you this in writing. If you
don’t move, then he can go to
court.
But, if you have a lease, it may say he
can go straight to court. If so, he doesn’t
have to give you a leer and extra time to
move. You may just get a detainer warrant
to go to court. A detainer warrant is NOT a
warrant for your arrest. It just says when to
go to court for the eviction hearing.
• You may NOT have to move
if you pay the rent or x the
problem. You have 14 days
to do this. The 14 days start
the day the landlord tells
you in writing to move out.
• How do you x the problem? Is the
problem that you didn’t pay rent or late
fees? Then you must pay what you owe.
You must pay to x property you
damaged. The landlord has to say the
14
days
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repairs are OK. Your list of what you
will x and the landlord’s OK must be in
writing.
• If the same problem happens again within
6 months, you will have to move. The
landlord must give you a 7 day warning to
move and take you to court. If you don’t
move, the landlord can take you to court.
You can only x things and stay in your
place 1 time in 6 months.
• What if the problem can’t
be xed by paying rent or
paying for damages? The
landlord can tell you to
move out in 14 days.
• What if you did something else that
broke your lease or agreement with the
landlord? The landlord must give you 14
days to leave before he goes to court.
• What if you didn’t do anything wrong, but
your landlord still wants you out? If you
don’t have a lease, the landlord can evict
you without a reason. But he must tell you
in writing to move before he goes to court.
Do you pay rent each month? Then the
notice must give you at least 30 days to
move. If you pay rent each week, it must
give you 10 days to move.
• The landlord can’t make you move for
reasons that break Fair Housing laws. To
nd out more about this law, read page 4
in this booklet.
You may NOT have
to move if you le
bankruptcy right
away
A Chapter 13 bankruptcy may work if you are
behind on rent. BUT you must pay any past due
rent within 30 days.
To nd out more, see the Legal Aid paper on
Chapter 13 Bankruptcy. If you want to le a
Chapter 13, see a lawyer right away.
What if the landlord takes you to court?
IMPORTANT! Even if the landlord takes you to
court, keep paying rent. You must pay the rent
for the whole time covered by the lease. Example:
Your lease is for one year. Your landlord has a
right to all the rent due for that year. This is true
even if you don’t live there any more!
Did the landlord tell you in writing when to
move? Did the leer give you the right number
of days to move? If not, tell the judge. The judge
may give you more time to move.
Did you pay your rent late and the landlord took
the rent? Then show the judge your receipt from
the landlord or cancelled check. The judge may
not make you move.
Warning! If the landlord didn’t cash your check or
money order, a receipt may not help. Have you
paid late before? Then the landlord does not have
to take your payment after the 5 days.
What if the judge says you must move? Then you
have at least 10 more days to get out. After that,
the sheri’s department will come and you and
your belongings will be set out.
When You
Move Out
Read your lease. You may
have to pay extra if you move
before the lease is up. And
you may not get your security deposit back if you
move out early.
You may have to pay extra if you don’t tell the
landlord before you move. The lease may say
how far ahead you must tell the landlord. You
must tell him in writing. Follow the rules in your
lease.
Important! Don’t just break your lease and move
out. Your landlord can take you to court. You
may have to pay the rent even if you don’t live
there now.
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Ending your lease if you
are “totally disabled”
If you are totally disabled, there
are special rules about ending
your lease.
You can end your lease without
paying extra IF these 3 things are true:
1. You are totally disabled and
2. Your landlord won’t let you make changes
you need because of your disability. These
changes can be things like a wheelchair
ramp or grab bars in the shower, and
3. You have been approved to move into
public housing.
Things you broke or messed up in
the place
When you move, take all of your belongings and
trash. Leave the apartment “broom clean.” Make
sure the kitchen and appliances are clean. Try to
x any small problems you see.
Did you pay a deposit? Does your lease say
you get it back if you didn’t break or mess up
anything? When you are ready to move, do a
walk thru with the landlord. Set a time to do
the walk thru. You and the landlord should go
together. Make a list of any thing that is broken
or messed up. Take pictures. See if you and the
landlord can agree on what you must pay for.
You have 5 days to do this. The 5 days start on the
day you move out.
The landlord may give you a wrien notice of a
time to do the walk thru. If you go, together you
make a list of what is broken or messed up. You
decide what you must pay for.
What if you don’t go to the walk thru? Check your
lease. It may say that if you don’t go, the landlord
gets to decide what you must pay for. He can
take the cost out of your deposit.
You don’t have the right to a walk thru if you:
• Moved out without giving wrien notice
OR
Damages
Hole in wall $200
window $100
sing door $300
TOTAL $600
• Were evicted by a court order OR
• Don’t ask for a walk thru OR
• Don’t show up for the walk thru OR
• Don’t tell the landlord how to reach you OR
• Abandoned the place by:
o Being behind on rent AND leaving for
30 days or more without saying why
OR
o Being 15 days late with the rent AND it
looks like you have left for good.
Ask the landlord for a
written list of what he
thinks you should pay for.
He must do this before he
xes the problems. The list
must say what it would
cost to x the problems.
Things you don’t have to pay for
Were some things broken or messed up before
you moved in? You don’t have to pay for those.
Check the list you and the landlord signed before
you moved in. It proves what was already broken
or messed up.
You don’t have to pay for damage caused by just
living there. This is called “normal wear and tear.”
It is things like a leaky
faucet, worn rugs or paint
wearing o. This happens
when a place gets older.
You do have to pay for anything worse than
normal wear and tear. This happens when you
don’t take good care of a place. Examples: broken
windows, doors pulled o, cigaree
burns in the rug, holes in walls or
doors. Did you or someone you let in
tear up things? Then the landlord can
make you pay to have it xed.
If you get a list of things you must pay to x,
read it carefully. Don’t sign this list unless you
agree you should pay for it. Don’t agree with the
landlord’s list? Then make a list of the things you
don’t think you should pay for. Sign and date
this list and give it to the landlord. Keep a copy.
If you have to go to court, the judge will look at
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your list. He will decide what things on the list
you have to pay for.
What if you think the landlord should give your
security deposit back? Ask for our booklet on
Security Deposits. Call us for free at 1-800-243-
1443 and ask us to send you a
copy. Or go to www.las.org on the
internet. Click on the “Legal Help
Booklets” at the top of the page.
Then click on the “Renters and
Home Owners” buon. Then click
on the “Security Deposits” buon.
If you agree with the landlord about what you
should pay, then sign the list. Signing it means
you agree to pay for the broken or messed up
things on the list. The landlord will take this
money out of your security deposit. If the repairs
cost more than the deposit, you will have to pay
more.
Security Deposit
Before you move out, pay all the rent you owe
and any late fees. If you don’t, the landlord can
take it out of the security deposit.
When you move out, you will get the security
deposit back IF:
• You haven’t broken or messed up
anything AND don’t owe any rent when
you move OR
• The landlord didn’t keep your security
deposit separate. It has to be in a bank
account just for security deposits.
Be sure you give the
landlord your new address.
And ask in writing for
your security deposit back
right away. Put the date
on the leer and keep a
copy. If you don’t, the
landlord may try to keep
your security deposit. If
the landlord keeps your
deposit wrongly, you may
go to court to get it back.
To nd out more, see Legal Aid’s paper on
Security Deposits. It is on the internet at www.las.
org. Or call us for free at 1-800-238-1443.
Warning!
Your landlord can also keep
your security deposit if you
leave (abandon) your home.
You abandon your home if:
1. You are behind on rent AND leave for 30
days or more without telling the landlord
why. You should do this in writing OR
2. Your rent is 15 days late AND it looks like
you have left for good.
If you abandon your home, the landlord can rent
it to someone else. He can also sell anything you
left there. The landlord does NOT have to go to
court rst if you abandon the place.
Page 11 of 11
How long do you have until landlord
can get a warrant to take you to court?
See pages 7-8.
You may have 14 days to x the
problem and stay.
In Davidson and Montgomery County the
court date will be on the warrant. In other
counties you will have
at least 6 more
days until the court hearing.
2. You are served with a warrant
to go to court.
How long before
you can be evicted?
1. Landlord gives you written notice
to move by a certain date
(Unless you are behind on rent and your lease
says you get no warning.)
4. On the 11th day after the
hearing, the sheriff will come
and you and your belongings
will be set out.
3. Court hearing
If you lose, the judge signs a court order
that lets the landlord evict you. The
judge will also say how much you owe
the landlord so far.
Then you have at least 10 more days
to move out. During the 10 days,
you can ask a lawyer about ling an
appeal. An appeal probably won’t
keep you in your home.
1-800-238-1443
It’s a free call.
On the internet at www.las.org
This information is not meant to take the place of legal
advice. Each case is different and needs individual
attention. This is based on Tennessee law. Other states
may have different laws. 7/15
