A Tennessee Rental Application is a document landlords use to screen and vet potential tenants to determine whether they are reliable and able to pay rent promptly. A standard application allows a landlord to filter for red flags before offering a lease agreement.
Laws
- Application Fee – Non-refundable
- Fee Limits – No limits
- Security Deposit – § 66-28-301 – No maximum amount for a security deposit specified in statutes.
State Laws
Under the Tennessee Uniform Residential Landlord and Tenant Act, landlords must ensure their county’s coverage under the act. A month-to-month tenancy may arise under specific conditions, and landlords can conduct background checks on prospective tenants with consent.
For Landlords
Tennessee Uniform Residential Landlord and Tenant Act
- It only applies to counties having a population of 75,000 or more and does not apply to commercial property.
- Make sure your county is covered in the scope of the act.
- For parties not located in one of the provided counties, the terms of your future lease agreement will govern the rights and obligations of both parties [1] .
Month-to-Month Tenancy
A month-to-month tenancy will arise if a landlord fails to sign the written rental agreement and accepts rent without hesitation.
Criminal Records
You may obtain a state-only or a nationwide background check.
Landlords and property managers can conduct background checks on prospective tenants. However, you’ll need a consent form signed by your prospective tenant. You can use our background check authorization form.
The Tennessee Housing Rights Act does not offer protection from housing discrimination based on sexual orientation.
Other Resources
- The Uniform Residential Landlord-Tenant Act – Contains all landlords’ and tenants’ rights under state law.
- Tennessee Human Rights Act – Mirrors the federal Fair Housing Act.
- Sex Offender Registry – If you do background checks yourself, you can access the sex offender registry online. Use discretion in accessing this site.
- Department of Health – Tennessee has resources for renters and property owners that can help you understand what you need for a safe and habitable property and where you can get more assistance.
For Tenants
Application Fee
You can charge an application fee. State law does not limit the amount, but you should keep it reasonable to not price yourself out of applicants. Most experts recommend charging what it will cost to process the application and run a background check.
A fee is different from a security deposit. You collect the security deposit at the beginning of the rental to cover damage to the unit during a tenancy.
Tennessee has no limit on maximum security deposit amounts, but landlords must also use discretion, and there’s no reference regarding pet deposits.
Timeframe to File Complaint
Tenants and housing applicants may file a housing discrimination complaint up to 180 days from the date of the discriminatory act.
Investigation Procedure
There is no set timeframe for a government investigation into the discriminatory act, but the Tennessee governmental website states investigations may take up to six months [2] .
Landlords may establish reasonable, minimum income criteria necessary for applicants to afford the unit but must apply the amount uniformly to all applicants.
Sample
