Does the Landlord Tenant Act in Tennessee cover owners of condominiums who rent rooms out?

UPDATED: May 27, 2009

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Does the Landlord Tenant Act in Tennessee cover owners of condominiums who rent rooms out?

I live in TN and I’m an owner of a condo. I have a renter disputing damages.

Asked on May 27, 2009 under Real Estate Law, Tennessee


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Well, first and foremost, does your condominium bylaws allow you to rent rooms out or rent the unit out?  You should consult your manual before going on to the items below.

4-21-602. Exemption from housing provisions. —



(a)  Nothing in § 4-21-601 shall apply to:


     (1)  The rental of housing accommodations in a building that contains housing accommodations for not more than two (2) families living independently of each other, if the owner or a member of the owner's family resides in one (1) of the housing accommodations;


     (2)  The rental of one (1) room or one (1) rooming unit in a housing accommodation by an individual if such individual or a member of such individual's family resides therein, or, as regards to sex, rooms or rental units where the tenants would be required to share a common bath;


     (3)  A religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, that limits the sale, rental or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion, or that gives preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin; or


     (4)  As regards to sex, the rental of housing accommodations of single-sex dormitory rental properties, including, but not limited to, those dormitories operated by higher educational institutions.


(b)  Nothing in this chapter shall require a real estate operator to negotiate with any individual who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation.


(c)  Nothing in subsection (a) shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title.


(d)  (1)  Nothing in this part limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this part regarding familial status apply with respect to dwellings provided under any state or federal program specifically designed and operated to assist elderly persons, as defined in the state or federal program, or to housing for older persons.


     (2)  As used in this subsection (d), “housing for older persons” means housing communities consisting of dwellings:


          (A)  (i)  Intended for, and at least ninety percent (90%) occupied by, at least one (1) person fifty-five (55) years of age or older per unit;


                (ii)  Providing significant facilities and services specifically designed to meet the physical or social needs of such persons; and


                (iii)  Publishing and adhering to policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons fifty-five (55) years of age or older;


          (B)  Intended for and occupied solely by persons sixty-two (62) years of age or older.


     (3)  Nothing in this part prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in § 102 of the Controlled Substances Act (21 U.S.C. § 802), or as defined in the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4.


[Acts 1984, ch. 1007, § 5; T.C.A., § 4-21-128; Acts 1990, ch. 937, § 4; 1992, ch. 1027, §§ 12-15.]



IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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