Tennessee Code Annotated

Tenn. Code Ann. § 66-28-201 (2026)

Terms and conditions

✓ current as of May 2026

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(a) The landlord and tenant may include in a rental agreement, terms and conditions not prohibited by this chapter or other rule of law including rent, term of the agreement, and other provisions governing the rights and obligations of parties. A rental agreement cannot provide that the tenant agrees to waive or forego rights or remedies under this chapter. The landlord or the landlord's agent shall advise in writing that the landlord is not responsible for, and will not provide, fire or casualty insurance for the tenant's personal property.

(b) In absence of a lease agreement, the tenant shall pay the reasonable value for the use and occupancy of the dwelling unit.

(c) Rent shall be payable without demand at the time and place agreed upon by the parties. Notice is specifically waived upon the nonpayment of rent by the tenant only if such a waiver is provided for in a written rental agreement. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month. Upon agreement, rent shall be uniformly apportionable from day to day.

(d) There shall be a five-day grace period beginning the day the rent was due to the day a fee for the late payment of rent may be charged. The date the rent was due shall be included in the calculation of the five-day grace period. If the last day of the five-day grace period occurs on a Sunday or legal holiday, as defined in § 15-1-101, the landlord shall not impose any charge or fee for the late payment of rent; provided, that the rent is paid on the next business day. Any charge or fee, however described, which is charged by the landlord for the late payment of rent, shall not exceed ten percent (10%) of the amount of rent past due.

Amended by 2013 Tenn. Acts, ch. 206,s 1, eff. 4/23/2013.

Acts 1975, ch. 245, § 1.401; T.C.A., § 64-2811; Acts 1984, ch. 876, § 1; 1986, ch. 747, § 1; 1989, ch. 503, § 1; 2000, ch. 666, § 1; 2001, ch. 154, § 1; 2011, ch. 272, § 4.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2005–2022 · leading case: State v. Marshall, 319 S.W.3d 558 (Tenn. 2010).

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State v. Marshall, 319 S.W.3d 558 (Tenn. 2010). “§ 66-28-201(e)(1) (2004), whereas “[transient occupancy in a hotel” is exempted from that Act.”

Barbara McKeever v. Roy Matlock (Tenn. Ct. App. 2005). · cites it 4× “McKeever contends that paragraph 14 of the lease governing reservation by the landlord is an unlawful waiver of tenant’s right under the Uniform Residential Landlord and Tenant Act, (“URLTA”), Tenn. Code Ann. §§ 66-28-201 (a).2 Therefore, according to the argument, since the…”

Columbia Hous. & Redevelopment Corp. v. Kinsley Braden (2022). · cites it 2× “The trial court did not include the text of the opinion in its ruling; however, the Attorney General’s opinion reads: Under both case law and the Act, a landlord and tenant are free to establish terms governing the use of the property.”

Kenneth J. Sigel, M.D. v. The Monarch Condo. Ass'n, Inc. (Tenn. Ct. App. 2012). · cites it 2× “” Tenn. Code Ann. § 66-28-201 (2011). The trial court referred to the Tennessee Horizontal Property Act, but, for clarity and consistency, we have changed the references in the quoted excerpt from the trial court’s order to the Tennessee Condominium Act.”

Robb Thompson v. Brian W. Groves (Tenn. Ct. App. 2013). “If the landlord consents to the tenant's continued occupancy, § 66-28-201(c) shall apply. Tenn. Code Ann.”

— Tenn. Code Ann. § 66-28-201(c) — 1 case

Robb Thompson v. Brian W. Groves (Tenn. Ct. App. 2013). “If the landlord consents to the tenant's continued occupancy, § 66-28-201(c) shall apply. Tenn. Code Ann.”

— Tenn. Code Ann. § 66-28-201(e)(1) — 1 case

State v. Marshall, 319 S.W.3d 558 (Tenn. 2010). “§ 66-28-201(e)(1) (2004), whereas “[transient occupancy in a hotel” is exempted from that Act.”

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