Tennessee § 66-28-201 - Terms and conditions.

§ 66-28-201. Terms and conditions.

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. In absence of a lease agreement, the tenant shall pay the reasonable value for the use and occupancy of the dwelling unit. 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. 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. 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; 2013, ch. 206, § 1. Compiler's Notes. Acts 2011, ch. 272, § 16 provided that the act, which amended subsection (d), shall apply to rental agreements entered into on or after October 1, 2011. Acts 2013, ch. 206, § 2 provided that the act, which deleted subsection (e), shall apply to any rental agreement in which title 66, chapter 28 applies that does not incorporate § 66-28-201(e) , as it existed prior to April 23, 2013, as a term of the rental agreement, or to any rental agreement in which title 66, chapter 28 applies that does incorporate § 66-28-201(e) , as it existed prior to April 23, 2013, as a term of the rental agreement if the rental agreement was entered into on or after April 23, 2013. Section 66-28-201(e), as it existed prior to April 23, 2013, read: “(e)(1) No charge or fee for the late payment of rent due from a tenant in a public housing project shall exceed five dollars ($5.00) per month. No late charge or fee shall be assessed such tenant unless more than fifteen (15) days have elapsed since the rent was due. “(2) This subsection (e) shall apply only to counties with a population between two hundred fifty thousand (250,000) and three hundred thousand (300,000) according to the 1980 federal census or any subsequent federal census.” Cross-References. Leases, title 66, ch. 7. Notice to tenant of intent to convert rental units to units for sale, § 66-27-123 . Law Reviews. An Overview of the Tennessee Residential Landlord and Tenant Act, 7 Mem. St. U.L. Rev. 109 (1977).