The state of housing in 2023 is undeniably tumultuous. Even if you have been living under a rock, the rent for said rock has likely increased in the past eight months. In this environment, it is important for renters to understand their rights and obligations under Tennessee law.
According to a report by the National Association of Realtors, rent growth in Knoxville grew faster than in any other U.S. city in 2022. Knoxville was also No. 11 for the highest inbound migration rates of all metro regions in the United States. Concurrently, filings for evictions nationally are exceeding pre-pandemic rates. Nashville, for example, saw approximately 12,000 filings in the month of June alone. Because of the large increase in rent prices, tenants are likely to be skeptical of whether they are getting the benefit of their bargain. High inbound migration rates, as well as increasing interest rates for home buyers mean that there will likely be an influx of renters moving to Knoxville. It is important for renters to know what kind of situations to look out for while renting a living space from a landlord. Landlords have legal duties outside of those specifically stated in their respective lease agreements. The Uniform Residential Landlord and Tenant Act specifies duties and rights that tenants have in the state of Tennessee.
Tennessee law protects tenants in many respects when it comes to residential leases. Specifically, Tenn. Code. Ann. §6-28-304 requires certain maintenance be done by a landlord. Tenants should know that it is the landlord’s legal duty to comply with all building and housing codes that materially affect the health and safety of the dwelling. Landlords should make all repairs and do whatever is necessary to keep the property habitable and must keep all areas of the premises in a clean safe condition. Tenants have a basic expectation that the property in which they rent will be safe and clean and that expectation should not be forfeited. Likewise, tenants are expected to refrain from causing waste to the rental property and ensuring that rent is paid timely, according to the lease agreement.
Relief is available for tenants who have been deprived of essential services that they expect to have in their lease. Tennessee law provides avenues of recourse for such tenants. This is a safeguard to ensure that renters are protected from an obligation to pay if an essential service has been significantly lacking such as utility services, such as gas, heat, electricity, and any other obligations that make the dwelling livable. This means if you are living in a dwelling that lacks heat, air conditioning, or electricity, you may be excused from paying rent, so long as the problem is not due to your failure to pay a bill that is your responsibility.
It is a basic assumption that apartments and homes for rent are maintained in a livable condition. Due to the increase in people moving into the Knoxville area, an increase in individuals looking to rent has risen. It is important that tenants are knowledgeable and aware of their rights.
Feel free to contact our office if you have any specific questions or concerns regarding your lease situation.
Links:
Nashville Eviction Increases: https://www.wkrn.com/news/local-news/nashville/new-data-shows-eviction-filings-are-increasing-in-nashville/
Eviction Data Nationwide: https://evictionlab.org/
Knoxville rent increases: https://www.wbir.com/article/money/economy/knoxvill-rent-rose-higher-than-other-us-city-march-2023/51-7f40e8ed-c39f-4cf8-8973-25744d4110a0
