Tenn. Code § 66-7-109

Current through Acts 2023-2024, ch. 1003
Section 66-7-109 - Notice of termination by landlord - Testimony of manager against tenant
(a)
(1) Except as provided in this section, fourteen (14) days' notice by a landlord shall be sufficient notice of termination of tenancy for the purpose of eviction of a residential tenant, if the termination of tenancy is for one of the following reasons:
(A) Tenant neglect or refusal to pay rent that is due and is in arrears, upon demand;
(B) Damage beyond normal wear and tear to the premises by the tenant, members of the household, or guests; or
(C) The tenant or any other person on the premises with the tenant's consent willfully or intentionally commits a violent act or behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other tenants, the landlord, the landlord's representatives or other persons on the premises.
(2) If the notice of termination of tenancy is given for one of the reasons set out in subdivision (a)(1)(A) or (a)(1)(B) and the breach is remediable by repairs or the payment of rent or damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice from the landlord, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least fourteen (14) days' written notice specifying the breach and the date of termination of the rental agreement.
(b) For all other defaults in the lease agreement, a thirty-day termination notice from the date such notice is given by the landlord shall be required for the purpose of eviction of a residential tenant.
(c) This section shall not apply to a tenancy where the rental period is for less than fourteen (14) days.
(d) Notwithstanding § 66-7-107 or this section to the contrary, three (3) days' notice by a landlord is sufficient notice of termination of tenancy to evict a residential tenant in a housing authority created pursuant to title 13, chapter 20, part 4 or 5, or a residential tenant, who is not mentally or physically disabled, in a rental property located in any county not governed by the Uniform Residential Landlord and Tenant Act, compiled in chapter 28 of this title, if the tenant, in either case, or any other person on the premises with the tenant's consent, willfully or intentionally:
(1) Commits a violent act;
(2) Engages in any drug-related criminal activity; or
(3) Behaves in a manner that constitutes or threatens to be a real and present danger to the health, safety, or welfare of the life or property of other tenants, the landlord, the landlord's representatives, or other persons on the premises.
(e)
(1) If domestic abuse, as defined in § 36-3-601, is the underlying offense for which a tenancy is terminated, only the perpetrator may be evicted. The landlord shall not evict the victims, minor children under eighteen (18) years of age, or innocent occupants, any of whom occupy the subject premises under a lease agreement, based solely on the domestic abuse. Even if evicted or removed from the lease, the perpetrator shall remain financially liable for all amounts due under all terms and conditions of the present lease agreement.
(2) If a lease agreement is in effect, the landlord may remove the perpetrator from the lease agreement and require the remaining adult tenants to qualify for and enter into a new agreement for the remainder of the present lease term. The landlord shall not be responsible for any and all damages suffered by the perpetrator due to the bifurcation and termination of the lease agreement in accordance with this section.
(3) If domestic abuse, as defined in § 36-3-601, is the underlying offense for which tenancy could be terminated, the victim and all adult tenants shall agree, in writing, not to allow the perpetrator to return to the subject premises or any part of the community property, and to immediately report the perpetrator's return to the proper authority, for the remainder of the tenancy. A violation of such agreement shall be cause to terminate tenancy as to the victim and all other tenants.
(4) The rights under this section shall not apply until the victim has been judicially granted an order of protection against the perpetrator for the specific incident for which tenancy is being terminated, a copy of such order has been provided to the landlord, and the order:
(A) Provides for the perpetrator to move out or vacate immediately;
(B) Prohibits the perpetrator from coming by or to a shared residence;
(C) Requires that the perpetrator stay away from the victim's residence; or
(D) Finds that the perpetrator's continuing to reside in the rented or leased premises may jeopardize the life, health, and safety of the victim or the victim's minor children.
(5) Failure to comply with this section, or dismissal of an order of protection that allows application of this section, abrogates the rights provided to the victim, minor children, and innocent occupants under this section.
(6) The rights granted in this section shall not apply in any situation where the perpetrator is a child or dependent of any tenant.
(7) Nothing in this section shall prohibit the eviction of a victim of domestic abuse for non-payment of rent, a lease violation, or any violation of this chapter.
(f) Three (3) days' notice by a landlord is sufficient notice of termination of tenancy for the purpose of eviction of an unauthorized subtenant or other unauthorized occupant, if the termination of tenancy is for refusal by the unauthorized subtenant or other unauthorized occupant to vacate the premises.
(g) Nothing in this section shall apply to rental property located in any county governed by the Uniform Residential Landlord and Tenant Act.
(h) Notwithstanding a rental agreement to the contrary, a manager may testify against a tenant under this chapter in the same manner as a landlord or owner.
(i)
(1) As used in this subsection (i):
(A) "Facility" means a facility that:
(i) Provides housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C); and
(ii) Receives federal financial assistance that subjects it to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. § 794);
(B) "New property development" means:
(i) Razing a facility to use the real property on which the facility is located for purposes other than to provide housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C); or
(ii) Renovating a facility in a manner that requires the tenants of the facility to vacate the facility in order to turn the facility into residential housing offered at a market rate; and
(C) "Residential tenant" means a residential tenant who has a lease or other agreement to live in a facility and who is fifty-five (55) years of age or older.
(2) A landlord shall provide sixty (60) days' notice of termination of tenancy for the purpose of eviction of a residential tenant of a facility if:
(A) The tenant has paid the tenant's rent due and is not in arrears on rent payments; and
(B) The termination and eviction are to allow for new property development.
(3) This subsection (i) does not abrogate a landlord's right to terminate a tenancy for a violation of another law or of the lease or tenancy agreement.

T.C.A. § 66-7-109

Amended by 2023 Tenn. Acts, ch. 400, s 2, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 100, s 3, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 528, s 2, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 236, s 2, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 960, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 895, s 2, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 172, Secs.s 1, s 2eff. 4/17/2015.
Acts 1999, ch. 451, §§1, 2; 2007 , ch. 75, § 1.