Tennessee Code Annotated
Tenn. Code Ann. § 66-28-508 (2026)
Waiver of landlord's right to terminate
✓ current as of May 2026
If the landlord accepts rent without reservation and with knowledge of a tenant default, the landlord by such acceptance condones the default and thereby waives such landlord's right and is estopped from terminating the rental agreement as to that breach.
Acts 1975, ch. 245, § 4.204; T.C.A., § 64-2848.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1986–2022 · leading case: Ross v. Broadway Towers, Inc., 228 S.W.3d 113 (Tenn. Ct. App. 2007).
Ross v. Broadway Towers, Inc., 228 S.W.3d 113 (Tenn. Ct. App. 2007). “Ross relies on Tenn.Code Ann. § 66-28-508 which is part of Tennessee's Uniform Residential Landlord and Tenant Act and which states: If the landlord accepts rent without reservation and with knowledge of a tenant *122 default, the landlord by such acceptance condones the default…”
Est. of Darnell v. Fenn, 303 S.W.3d 269 (Tenn. Ct. App. 2009). “Plaintiffs also analogize to T.C.A. § 66-28-508 (2004) of the Uniform Residential Landlord and Tenant Act which provides: If the landlord accepts rent without reservation and with knowledge of a tenant default, the landlord by such acceptance condones the default and thereby…”
Gallatin Hous. Auth. v. Talley (In Re Talley), 69 B.R. 219 (Bankr. M.D. Tenn. 1986). “§§ 66-28-508, 510 (1982). Also, Tennessee law recognizes a difference between the expira *224 tion of a residential lease and its termination.”
Kenia Moreno v. Mehreban Jazzabi, of Est. of Ben Jazzabi (Tenn. Ct. App. 2022). “” Tenn. Code Ann. § 66-28-508 (2015). It was not until June 2014—after the expiration of the agreement’s term and Ms.”
Barbara McKeever v. Roy Matlock (Tenn. Ct. App. 2005). “McKeever, her eviction was wrongful since Matlock -2- “condoned” her defaults under Tenn. Code Ann. § 66-28-508 by accepting the July and August rental payments without expressing reservation.”
Connie Pugh v. Poplar Apts. (Tenn. Ct. App. 2002). “Pugh were accepted under full reservations of rights in accordance with the lease contract and Tenn. Code Ann. § 66-28-508 . The circuit court awarded summary judgment to Poplar East in August of 2001, and Ms.”
Mike Hall v. Clifford Houston (Tenn. Ct. App. 2003). “Late Payments Accepted by the Lessor: The appellant Houston, in a two sentence paragraph, argues that T.C.A. 66-28-508 should apply in this case.”
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