Tennessee § 66-28-505 - Noncompliance by tenant — Failure to pay rent.

§ 66-28-505. Noncompliance by tenant — Failure to pay rent.

Except as otherwise provided in subsection (b), if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with § 66-28-401 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement shall terminate as provided in subdivisions (a)(2) or (a)(3). If the breach for which notice was given in subdivision (a)(1) is remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that if the breach is not remedied within fourteen (14) days after receipt of such notice, the rental agreement shall terminate, subject to the following: All repairs to be made by the tenant to remedy the tenant's breach must be requested in writing by the tenant and authorized in writing by the landlord prior to such repairs being made; provided, however, that the notice sent pursuant to this subdivision (a)(2) shall inform the tenant that prior written authorization must be given by the landlord to the tenant pursuant to this subdivision (a)(2)(A); and 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 seven (7) days' written notice specifying the breach and the date of termination of the rental agreement. If the breach for which notice was given in subdivision (a)(1) is not remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that the rental agreement shall terminate upon a date not less than fourteen (14) days after receipt of the notice. Nothing in subdivision (a)(2) or (a)(3) shall be construed as requiring a landlord to provide additional notice to the tenant other than the notice required by this section. Notwithstanding subsection (a), if the tenant waives any notice required by this section, the landlord may proceed to file a detainer warrant immediately upon breach of the agreement for failure to pay rent without the landlord providing notice of such breach to the tenant; provided, however, that this subsection (b) shall not reduce the tenant's grace period as provided in § 66-28-201. The tenant's waiver pursuant to this subsection (b) shall be set out in twelve (12) point bold font or larger in the rental agreement. Notwithstanding notice of a breach or the filing of a detainer warrant pursuant to this section, the rental agreement is enforceable by the landlord for the collection of rent for the remaining term of the rental agreement. Except as otherwise provided in this chapter, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or § 66-28-401. The landlord may recover reasonable attorney's fees for breach of contract and nonpayment of rent as provided in the rental agreement. The landlord may recover punitive damages from the tenant for willful destruction of property caused by the tenant or by any other person on the premises with the tenant's consent. It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant: Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or Provides documentation under § 66-28-406(c) that falsely states an animal is a service animal or support animal. As used in this subsection (f), “service animal” and “support animal” have the same meanings as the terms are defined in § 66-28-406(a). In the event of any violation under subdivision (f)(1), the landlord may terminate the tenancy and recover damages, including, but not limited to, reasonable attorney's fees. Only to the extent it conflicts with federal or state law, this subsection (f) does not apply to public housing units owned by a governmental entity. Acts 1975, ch. 245, § 4.201; T.C.A., § 64-2845; Acts 2011, ch. 272, § 11; 2014, ch. 593, §§ 1-3; 2018, ch. 960, § 2; 2019, ch. 236, § 4. Compiler's Notes. Acts 2011, ch. 272, § 16 provided that the act, which rewrote this section, shall apply to rental agreements entered into on or after October 1, 2011. 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. Acts 2019, ch. 236, § 6 provided that the act shall apply to any rental agreement entered into, amended, or renewed on or after July 1, 2019, and any request for an exception to a landlord's policy that prohibits or limits animals on the property made on or after July 1, 2019. Amendments. The 2018 amendment added (f). The 2019 amendment rewrote (f), which read: “(f) It is deemed to be material noncompliance by the tenant with the rental agreement, if the tenant pretends to have a disability-related need for an assistance animal in order to obtain an exception to a provision in a rental agreement that prohibits pets or establishes limits on the types of pets that tenants may possess on residential rental property. As used in this subsection (f), ‘assistance animal’ means an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one (1) or more identified symptoms or effects of a person's disability.” Effective Dates. Acts 2018, ch. 960, § 4. July 1, 2018. Acts 2019, ch. 236, § 6. July 1, 2019. Cross-References. Assignment of interest in lease or rent, § 66-26-116 . Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Landlord and Tenant, §§ 12, 28, 32. 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 another tenant's conduct. 1 A.L.R.4th 849. Modern status of rule as to tenant's rent liability after injury to or destruction of demised premises. 99 A.L.R.3d 738.