Disputes often arise over when and under what circumstances a Landlord may enter residential rental property in Tennessee. Under the Tennessee Uniform Residential Landlord and Tenant Act (URLTA), T.C.A. § 66-28-403, a landlord may enter a dwelling unit only for specific purposes, including:
- Making repairs or improvements
- Inspecting the premises
- Supplying agreed services
- Showing the unit to prospective tenants, buyers, or contractors (if authorized by the lease)
- Responding to an emergency
Further, the URLTA prohibits a Tenant from unreasonably withholding consent for a landlord to enter the apartment.
Immediate Entry Without Notice or Permission:
An emergency is an unexpected condition requiring immediate action to protect life, safety, or property, such as:
- Fire
- Flooding or major water leaks
- Gas leaks
- Structural hazards
In these situations, a landlord may enter without notice or consent. Landlords may also enter without permission to inspect the property and secure it from damage, when utilities have been turned off through no fault of the landlord.
Entry Following Notice:
The URLTA does not require a specific notice period before entering rental property, except for showing the property to potential renters, unless the lease specifically includes a notice requirement (for example, 24-hour written notice for maintenance). However, a Landlord should always notify tenants verbally or in writing about their intention to enter to avoid disputes later. The best practice is providing a written notice, by email, in a portal or posting to the door.
If a Tenant refuses to allow a Landlord reasonable entry during reasonable times (ie: during the day), then a Landlord may terminate the Lease for breach of its terms, get a court Order to force access and potentially recover costs of damages as a result of the failure to allow entry. In these situations it is best to contact your attorney to determine the proper steps. Self-help, ie: locking the door or turning off utilities, is never allowed.