Tennessee Code Annotated
Tenn. Code Ann. § 66-28-102 (2026)
Application - Preemption
✓ current as of May 2026
- (a) This chapter applies only in counties having a population of more than seventy-five thousand (75,000), according to the 2010 federal census.
- (b) This chapter applies to rental agreements entered into or extended or renewed after July 1, 1975. Transactions entered into before July 1, 1975, and not extended or renewed after that date, and the rights, duties and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though the amendment or repeal has not occurred.
- (c) Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:
- (1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service;
- (2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest;
- (3) Transient occupancy in a hotel, or motel or lodgings subject to city, state, transient lodgings or room occupancy under the Excise Tax Act, compiled in title 67, chapter 4, part 20;
- (4) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; or
- (5) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
- (d) This chapter shall not apply to any occupancy in a public housing unit or other housing unit that is subject to regulation by the department of housing and urban development and owned by a governmental entity or nonprofit corporation to the extent such regulation conflicts with state law, but shall apply to the extent that any such regulations defer to the application of state law.
- (e) In the counties in which this chapter applies, this chapter occupies and preempts the entire field of legislation concerning the regulation of landlords and tenants. The governing body of a county subject to this chapter shall not enact or enforce regulations that conflict with, or are an addition to, this chapter.
Amended by 2021 Tenn. Acts, ch. 182, Secs.s1, s2 eff. 7/1/2021.
Acts 1975, ch. 245, §§ 1.201, 1.202, 6.101, 6.102; T.C.A., §§ 64-2802, 64-2804, 64-2864; Acts 1992, ch. 995, §§ 1, 4-6; 2001, ch. 101, § 1; 2008 , ch. 1067, §§ 1, 2; 2011 , ch. 272, § 1; 2012 , ch. 847, § 1.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1986–2021 · leading case: Crawford v. Buckner, 839 S.W.2d 754 (Tenn. 1992).
Crawford v. Buckner, 839 S.W.2d 754 (Tenn. 1992). “See Tenn. Code Ann. § 66-28-102 . [1] The plaintiff alleged that the limited application of the Act denied her equal protection of the law under the Fourteenth Amendment to the U.”
State v. Marshall, 319 S.W.3d 558 (Tenn. 2010). “§ 66-28-102(c)(3) (2004 & Supp.2009). These statutes demonstrate that the General Assembly considers public housing to be distinct from hotel accommodations.”
Gallatin Hous. Auth. v. Talley (In Re Talley), 69 B.R. 219 (Bankr. M.D. Tenn. 1986). “§ 66-28-102 (1982). Chapter 18 of Title 29 of the Tennessee Code provides general practice and procedure for forcible entry and detainer.”
Carolyn Richardson v. H & J Props., LLC, No. W2019-02082-COA-R3-CV (Tenn. Ct. App. Oct. 21, 2020). “See Tenn. Code Ann. § 66-28-102 (a) (2019). However, application of the URLTA does not strip this personal injury case of the common law principles described in Lethcoe.”
Anthony Parker v. SCG-LH Murfreesboro, LP, No. M2021-00033-COA-R3-CV (Tenn. Ct. App. July 1, 2021). “See Tenn. Code Ann. § 66-28-102 (c)(3). Appellee set a hearing on its motion for summary judgment for October 30, 2020.”
U.S. Dep't of Just. v. Ables d/b/a Pops Cove, No. 1:18-cv-01249 (W.D. Tenn. Sept. 4, 2019). “” Tenn. Code Ann. § 66-28-102 (a). Such a motion should be granted only if “it appears to a certainty that plaintiffs would succeed despite any state of the facts which could be proved in support of the defense .”
Tom Salter v. Daryl Sanders, No. M2006-02427-COA-R3-CV (Tenn. Ct. App. Mar. 24, 2008). “Tenn. Code Ann. § 66-28-102 (a)(1). -3- it is crucial to note that the landlord in this matter is not even accused of withholding heat or air conditioning in order to evict Mr.”
Leah Miller v. Gary Hill, No. E2002-02018-COA-R3-CV (Tenn. Ct. App. Dec. 13, 2002). “See Tenn. Code Ann. § 66-28-102 (a)(1). While the statutory scheme addresses “common areas,” it does not define this concept.”
Francis L. Johnston, as Tr. of the Mae Charlayne Johnston Revocable Fam. Trust v. Charles Glen Johnston, No. E2013-00525-COA-R3-CV, 2014 WL 890758 (Tenn. Ct. App. Mar. 6, 2014). “e premises or willfully diminishes services to the tenant by interrupting essential services as provided in the rental agreement to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover actual damages sustained by the…”
Jim Hicks v. Debbie Seitz, No. E2014-02225-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2015). “3 2 According to Tennessee Code Annotated § 66-28-102(a) (2015), the URLTA is applicable to “counties having a population of more than seventy-five thousand (75,000), according to the 2010 federal census or any subsequent federal census.”
Howard A. Woods v. M.T.C. Mgmt. & Solomon Mgmt., No. 02A01-9607-CH-00155 (Tenn. Ct. App. Jan. 31, 1997). “It is without dispute that Shelby County meets the population provisions of the Act set forth at § 66-28-102. Section 66-28-105(a) provides: 1 Rule 10(Court of Appeals).”
Mary J. Drozd v. Hermitage Villa Condos. Homeowners Ass'n, Inc., Hillsboro Prop. Mgmt. Co., Inc., & Gary Waller & State of Tennessee, No. 01A01-9408-CV-00366 (Tenn. Ct. App. Nov. 17, 1996). “" Tennessee Code Annotated §66-28-102 (c) (4) (1993). The Appellant asserts that despite the language of the statute, it should be made applicable to the condominium unit in question herein.”
Tenn. Code Ann. § 66-28-102(a): 2 cases
Francis L. Johnston, as Tr. of the Mae Charlayne Johnston Revocable Fam. Trust v. Charles Glen Johnston, No. E2013-00525-COA-R3-CV, 2014 WL 890758 (Tenn. Ct. App. Mar. 6, 2014). “e premises or willfully diminishes services to the tenant by interrupting essential services as provided in the rental agreement to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover actual damages sustained by the…”
Jim Hicks v. Debbie Seitz, No. E2014-02225-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2015). “3 2 According to Tennessee Code Annotated § 66-28-102(a) (2015), the URLTA is applicable to “counties having a population of more than seventy-five thousand (75,000), according to the 2010 federal census or any subsequent federal census.”
Tenn. Code Ann. § 66-28-102(c)(3): 1 case
State v. Marshall, 319 S.W.3d 558 (Tenn. 2010). “§ 66-28-102(c)(3) (2004 & Supp.2009). These statutes demonstrate that the General Assembly considers public housing to be distinct from hotel accommodations.”
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