Tennessee § 66-28-104 - Chapter definitions.

§ 66-28-104. Chapter definitions.

Subject to additional definitions contained in this chapter, which apply to specific portions of this chapter, and unless the context otherwise requires, in this chapter: “Action” means recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined, including an action for possession; “Building and housing codes” means any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any premises, or dwelling unit; “Dwelling unit” means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household; “Good faith” means honesty in fact in the conduct of the transaction concerned; “Landlord” means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by § 66-28-302; “Nuisance vehicle” means any vehicle that is incapable of operating under its own power and is detrimental to the health, welfare or safety of persons in the community; “Organization” means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity; “Owner” means one (1) or more persons, jointly or severally, in whom is vested: All or part of the legal title to property; or All or part of the beneficial ownership and a right to the present use and enjoyment of the premises; “Owner” also means a mortgagee in possession; “Person” means an individual or organization; “Premises” means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant; “Rental agreement” means all agreements, written or oral, and valid rules and regulations adopted under § 66-28-402 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises; “Rents” means all payments to be made to the landlord under the rental agreement; “Security deposit” means an escrow payment made to the landlord under the rental agreement for the purpose of securing the landlord against financial loss due to damage to the premises occasioned by the tenant's occupancy other than ordinary wear and tear and any monetary damage due to the tenant's breach of the rental agreement; “Security deposit” shall in no way infer that the landlord is providing any service for the personal protection or safety of the tenant beyond that prescribed by law; “Substantially impaired” means that a dwelling unit or premises has been deemed unfit for human habitation by a governmental authority; “Tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others; “Unauthorized vehicle” means a vehicle that is not registered to a tenant, an occupant or a tenant's known guest, and has remained for more than seven (7) consecutive days on real property leased or rented by a landlord for residential purposes; “Utilities” means the provision of water, electricity, sewer or natural gas; and “Vehicle” means any device for carrying passengers, livestock, goods or equipment that moves on wheels and/or runners. Acts 1975, ch. 245, § 1.301; T.C.A., § 64-2803; Acts 1999, ch. 284, § 2; 2001, ch. 153, §§ 1-3; 2005, ch. 156, § 1; 2011, ch. 272, § 2. Compiler's Notes. Acts 2011, ch. 272, § 16 provided that the act, which added the definitions of “substantially impaired” and “utilities”, shall apply to rental agreements entered into on or after October 1, 2011. Law Reviews. An Overview of the Tennessee Residential Landlord and Tenant Act, 7 Mem. St. U.L. Rev. 109 (1977). Collateral References. Constructive eviction by mother tenant's conduct, 1 A.L.R.4th 849.