Tennessee § 66-28-304 - Maintenance by landlord.

§ 66-28-304. Maintenance by landlord.

The landlord shall: Comply with requirements of applicable building and housing codes materially affecting health and safety; Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; Keep all common areas of the premises in a clean and safe condition; and In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points of collection subject to § 66-28-401(3). If the duty imposed by subdivision (a)(1) is greater than any duty imposed by any other paragraph of subsection (a), the landlord's duty shall be determined by reference to subdivision (a)(1). The landlord and tenant may agree in writing that the tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord. The landlord may not treat performance of the separate agreement described in subsection (c) as a condition to any obligation or performance of any rental agreement. Acts 1975, ch. 245, § 2.104; T.C.A., § 64-2824. Cross-References. Rented premises unfit for habitation, title 68, ch. 111. Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Landlord and Tenant, § 22. Law Reviews. The Unwarranted Implication of a Warranty of Fitness in Commercial Leases — An Alternative Approach, 41 Vand. L. Rev. 1057 (1988). Tort — Premises Liability — Worsham v. Pilot Oil Corp.: Imputing Constructive Notice to the Proprietor of a Self-Service Establishment in Tennessee, 19 Mem. St. U.L. Rev. 109 (1989).