“Thanks for getting this back to me so quickly. You folks are rad”
Jacob P. 01/12/2017
Posts Tagged ‘ Tennessee Landlords ’
“Thanks for getting this back to me so quickly. You folks are rad”
Jacob P. 01/12/2017
Deadline for Returning Security Deposits by State
The following list is a guide to help landlords determine when the security deposit must be returned to the tenant. As a reminder to all landlords, you should be performing a walk through prior to the tenant moving as this will prevent arguments as to the condition of the unit at move out.
Alabama 35 days after termination of tenancy and delivery of possession
Alaska 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice
Arizona 14 days
Arkansas 30 days
California Three weeks
Colorado One month, unless lease agreement specifies longer period of time (which may be no more than 60 days); 72 hours (not counting weekends or holidays) if a hazardous condition involving gas equipment requires tenant to vacate
Connecticut 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later
Delaware 20 days
District of Columbia 45 days
Florida 15 to 60 days depending on whether tenant disputes deductions
Georgia One month
Hawaii 14 days
Idaho 21 days, or up to 30 days if landlord and tenant agree
Illinois For properties with five or more units, 30 to 45 days, depending on whether tenant disputes deductions or if statement and receipts are furnished
Indiana 45 days
Iowa 30 days
Kansas 30 days
Kentucky 30-60 days, depending on whether tenant disputes deductions
Louisiana One month
Maine 30 days (if written rental agreement) or 21 days (if tenancy at will)
Maryland 45 days
Massachusetts 30 days
Michigan 30 days
Minnesota Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation
Mississippi 45 days
Missouri 30 days
Montana 30 days (10 days if no deductions)
Nebraska 14 days
Nevada 30 days
New Hampshire 30 days; for shared facilities, if the deposit is more than 30 days’ rent, landlord must provide written agreement acknowledging receipt and specifying when deposit will be returned — if no written agreement, 20 days after tenant vacates
New Jersey 30 days; five days in case of fire, flood, condemnation, or evacuation; does not apply to owner-occupied building with two or fewer units where tenant fails to provide 30 days’ written notice to landlord invoking provisions of act
New Mexico 30 days
New York Reasonable time
North Carolina 30 days
North Dakota 30 days
Ohio 30 days
Oklahoma 30 days
Oregon 31 days
Pennsylvania 30 days
Rhode Island 20 days
South Carolina 30 days
South Dakota Two weeks to return entire deposit or a portion, and supply reasons for withholding; 45 days for a written, itemized accounting, if tenant requests it
Tennessee No statutory deadline to return; 10 days to itemize
Texas 30 days
Utah 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later, but if there is damage to the premises, 30 days
Vermont 14 days
Virginia 45 days
Washington 14 days
West Virginia No statutory deadline
Wisconsin 21 days
Wyoming 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later; 60 days if there is damage
Security Deposit Maximum: No Statute
Deadline for Returning Security Deposit: 30 days
Nonrefundable Deposits: No Statute
Security Deposit Interest: No Statute
Separate Security Deposit Bank Account: Required
Pet Deposits and Additional Fees: No Statute
Advance Notice of Withholding: Required
Move-Out Checklist/Itemized List of Damages and Charges: Yes
Joint Move-Out Inspection: Required if requested by the tenant
Record Keeping of Deposit Withholdings: No Statute
Receipt of Deposit: No Statute
Failure to Comply: No Statute
Lease, Rent and Fees:
Rent Is Due: Unless otherwise agreed, rent is due at the beginning of each month, and can be prorated day-to-day.Rent Increase Notice: No Statute
Rent Grace Period: 5 days, excluding Sundays and legal holidays.
Late Fees: Not to exceed 10% of the amount of rent past due.
Prepaid Rent: No Statute
Returned Check Fees: $30
Tenant Allowed to Withhold Rent for Failure to Provide a Habitable Dwelling: Yes, however the tenant must file a complaint to the local officials, and upon failure by the landlord to remedy the issue, the tenant is allowed to pay rent to the county for safe keeping.
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes
Tenant Allowed to Repair and Deduct Rent: Yes
Landlord Allowed to Recover Court and Attorney Fees: Yes
Landlord Must Make a Reasonable Attempt to Mitigate Damages, including an Attempt to Re-rent: Yes
Notices and Entry:
Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. Typically no notice is needed as the lease simply expires.
Notice to Terminate Tenancy – Month-to-Month Lease: 30 days
Notice to Terminate Tenancy – Week-to-Week Lease: 10 days
Notice to Terminate Tenancy for Noncompliance by Landlord: 14 days
Termination for Nonpayment: 14 days to remedy and 30 days to vacate.
Termination for Lease Violation: 30 days
Termination for Drug-related Criminal Acts or Violent Behavior: 3 days
Termination for Substance or Prostitution Violations: Immediate
Required Notice before Entry: No statute, but 24 hours is recommended.
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes
Entry Allowed with Notice for Showings: Yes. Within the final thirty (30) days of the termination of the rental agreement, the landlord only needs to provide 24 hours notice if to show the property, but only if specified in the lease.
Emergency Entry Allowed without Notice: Yes
Notice of Date/Time of Move-Out Inspection: No Statute
Entry Allowed During Tenant’s Extended Absence: Yes
Notice to Tenants for Pesticide Use: No Statute
Lockouts Allowed: No
Utility Shut-offs Allowed: If a written rental agreement requires the tenant to have utility services placed in the tenant’s name and the tenant fails to do so within three (3) days of occupancy of the rented premises, the landlord may have such utility services terminated if the existing utility service is in the name of the landlord.
Notice of Vehicle Towing: A landlord may have a vehicle towed with 10 days notice, under the following circumstances:
Flat Tire(s): One (1) or more flat or missing tires;
Dead: Unable to operate under its own power;
Broken Glass: Missing or broken windshield or more than one (1) broken or missing window;
Missing Fenders: One (1) or more missing fenders or bumpers; or
Noncompliance: Has not been in compliance with all applicable local or state laws relative to titling, licensing, operation, and registration for more than thirty (30) days.
Notice of Extended Absence: If specified in the rental agreement, the tenant must give notice to the landlord of any absence of 7 days or longer. If the tenant fails to do so, the tenant can be held responsible for any damages resulting from his/her absence.
Abandonment of Premises: Landlord can assume abandonment by the tenant if either:
The tenant’s unexplained or extended absence from the premises for thirty (30) days or more without payment of rent as due shall be enough evidence of abandonment, or
The tenant’s nonpayment of rent for fifteen (15) days past the rental due date, together with other reasonable factual circumstances indicating the tenant has permanently vacated the premises.
Abandonment of Personal Property:
10 Days: The landlord must notify and give the tenant 10 days to claim the personal property.
Relocation of Belongings: If tenant fails to contact the landlord, the personal property can be removed from the premise, but stored for not less than 30 days.
Sale or Dispose of: After 30 days, the landlord may sell or otherwise dispose of the tenant’s possessions and personal effects and apply the proceeds of the sale to the unpaid rents, damages, storage fees, sale costs and attorney’s fees.
Landlord Duties & Maintenance:
Compliance: Comply with building and housing codes materially affecting health and safety;
Repairs: Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
Common Areas: Keep all common areas of the premises in a clean and safe condition; and
Trash: In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points.
Compliance: Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
Cleanliness: Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises when the tenant took possession;
Trash: Dispose from the tenant’s dwelling unit all ashes, rubbish, garbage, and other waste to the designated collection areas and into receptacles;
Lawful Activity: Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person to do so; and shall not engage in any illegal conduct on the premises; and
Quiet Enjoyment: Act and require other persons on the premises, with the tenant’s or other occupants’ consent, to act in a manner that will not disturb the neighbors’ peaceful enjoyment of the premises.
Name and Addresses: Before a lease begins, the owner must disclose the name and address of the landlord, property owner, and anyone authorized to manage the property or allowed to receive notice on the owner’s behalf.
Written Tennessee Rental Leases: Required for Tennessee rental agreements more than 3 years in duration.
Physically Disabled: Special rules apply to physically disabled persons’ access to housing.
Blind persons: Special rules apply to leasing to blind persons.
Notification by Email: If the tenant provides an email address in the rental agreement, any notification required to be sent to the tenant may be sent by email unless otherwise specified by other statutes.
House Rules and Regulations: A landlord has the right to create rules and regulations at any time, under certain circumstances.
Domestic Violence Situations: No Statute
Retaliation: A landlord must not terminate, refuse to renew a lease, or fine a tenant for complaining to the landlord regarding the deposit, complaining to a government agency, or exercising a legal right.
Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.