Tennessee § 66-28-204 - Unconscionability.
Full text of Tennessee Tennessee Code Annotated § 66-28-204 — Unconscionability., with citation guidance and answers to common questions.
§ 66-28-204. Unconscionability.
If the court, as a matter of law, finds: A rental agreement or any provision thereof was unconscionable when made, the court shall enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or A settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made, the court shall enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid the unconscionable result. If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination. A provision in a rental agreement that authorizes a landlord to hold a tenant in breach of the rental agreement in accordance with § 66-28-505(f) is not unconscionable and is fully enforceable. Acts 1975, ch. 245, § 1.303; T.C.A., § 64-2814; Acts 2018, ch. 960, § 3. Compiler's Notes. Acts 2018, ch. 960, § 4 provided that the act, which amended this section, shall apply to any rental agreement entered into or renewed on or after July 1, 2018. Amendments. The 2018 amendment added (c). Effective Dates. Acts 2018, ch. 960, § 4. July 1, 2018. Law Reviews. An Overview of the Tennessee Residential Landlord and Tenant Act, 7 Mem. St. U.L. Rev. 109 (1977).
Frequently Asked Questions About Tennessee § 66-28-204
What does Tennessee Code Annotated § 66-28-204 cover?
Section 66-28-204 ("Unconscionability.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 66-28-204?
A common citation format is "Tennessee Code Annotated § 66-28-204" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 66-28-204 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.