What can I do if my landlord won't fix uninhabitable conditions in Tennessee?
1. Implied Warranty of Habitability — Tennessee URLTA (T.C.A. §§ 66-28-101 et seq.) applies in counties with 75,000+ population (most metros). Outside URLTA counties, common-law warranty applies. § 66-28-304 sets landlord obligations; non-waivable in URLTA jurisdictions.
2. What Counts as Uninhabitable — § 66-28-304: comply with codes; make repairs to keep premises fit and habitable; keep common areas clean and safe; maintain electrical/plumbing/sanitary/heating/ventilating/air-conditioning; supply running water and hot water.
3. Tenant Notice to Landlord — Under § 66-28-501, written notice specifying breach and stating lease terminates in 30 days if not cured in 14 days.
4. Repair-and-Deduct — § 66-28-502 allows tenant to repair-and-deduct for minor repairs after written notice and 14-day cure period; reasonable cost only. Essential-services failures (§ 66-28-503) allow substitute housing or self-procurement.
5. Rent Withholding / Escrow — Tennessee does not authorize unilateral rent withholding; remedies channeled through court actions and § 66-28-503 essential-services procedure.
6. Constructive Eviction — § 66-28-501 termination remedy after notice; common-law constructive eviction also recognized.
7. Affirmative Defense to Eviction — Habitability breach may be raised as defense and counterclaim in detainer actions when § 66-28-501 procedure followed.
8. Damages & Penalties — Rent abatement, actual damages, substitute housing costs (§ 66-28-503), and attorney fees to prevailing party under § 66-28-512.
9. Retaliation Protection — § 66-28-514 prohibits retaliation for complaints to governmental agencies; landlord violating may not enforce specified remedies and tenant may recover damages and attorney fees.
This is legal information, not legal advice.
- Detainer warrant filed after self-help repair
- Rural county outside URLTA (common-law claims more uncertain)
- Lead, mold, or sewage causing illness
- T.C.A. § 66-28-304
- T.C.A. § 66-28-501
- T.C.A. § 66-28-502
- T.C.A. § 66-28-503
- T.C.A. § 66-28-514
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.