Healthy Homes - Renters

home with sign reading, for rent, in the yard

* * * Our Healthy Homes staff are not doctors or lawyers.  The information on our Healthy Homes Website does not provide medical or legal advice.  This information is not a substitute for visiting your doctor or for consulting with a lawyer about your specific situation. * * *

3 Actions a Concerned Renter Should Do:

1. Put everything in writing. Take photographs and videos. Save emails, texts, letters, and voicemails. Write a calendar of events.

2. Do not stop paying rent. It would likely be against the lease or the law. Keep your rent receipts as proof you paid.

3. Read your lease. Whatever is written in the lease is a legal contract. Both renter and landlord have responsibilities.

It is likely illegal for a landlord to retaliate against a tenant who files a complaint, calls Buiding Codes, or takes legal action.  Changing locks, shutting off utilities, showing up often, or inappropriately raising rent can be retaliation.

How is renting different from home ownership?

Renting is different from home ownership in that the renter must rely on someone else to make repairs. The renter may not be able to make changes to the home without permission. A renter has both rights and responsibilities. Renting can be a good option for many people to maintain a healthy home environment, both indoors and outdoors. Whether you rent a house, apartment, duplex, mobile home or cabin you can keep the seven healthy homes principles. Remember that good health begins at home.

What are my responsibilities as a renter?

Renters are responsible for cleanliness and safety. You may rent without any formal agreement, or you may have a lease agreement. The most common type of renter in Tennessee is a renter who signs a lease agreement to pay rent each month throughout the year. Renters may be asked to provide a security deposit. Lease agreements are legally binding contracts. You are responsible for following the terms of your lease. Some lease agreements have addendums such as pet policies, pest control contracts or for reporting water damage. You are responsible for: paying your rent on time, paying any late fees, keeping the place clean and safe, not letting anyone else damage it, not breaking the law, disposing of your garbage, and following your landlord’s rules. If you break your lease, then it may become a legal issue.

The Tennessee Department of Commerce and Insurance shared Tips for First-Time Renters as well as Tips on How to Spot Rental and Moving Scammers.

What can I do to keep my rental home a healthy home?

There are eight basic principles to maintaining a healthy home.

  1. Keep it Dry. - Damp homes provide a good environment for mites, roaches, rodents and molds.
  2. Keep it Clean. - Clean homes help reduce pest infestations and exposure to contaminants.
  3. Keep it Pest-Free. - Exposure to mice and cockroaches may increase asthma attacks.  Improper pesticide treatments for pest infestations can worsen health problems, since pesticide residues in homes can pose health risks.
  4. Keep it Safe. - The majority of children’s injuries occur in the home.  Falls are the most frequent cause of residential injuries to children, followed by injuries from objects in the home, burns, and poisonings.
  5. Keep it Contaminant-Free. - Avoid exposure to lead, radon, carbon monoxide, pesticides, asbestos and environmental tobacco smoke.  Keep in mind exposure is often higher indoors.
  6. Keep it Ventilated. - Studies have shown increasing fresh air in a home improves respiratory health.
  7. Keep it Maintained. - Poorly-maintained homes are at risk of being unhealthy.
  8. Keep it Thermally Controlled. - Houses that do not maintain adequate temperatures may place the safety of residents at increased risk from exposure to extreme heat or cold.

If you use these principles as a guide, you can maintain a safe and healthy home.   If you are having a problem maintaining any of these principles, other parts of this website will have information and resources to help you.

What if I have an unhealthy condition in my rental home?

If you have an unhealthy condition in your rental home, then it may be your responsibility to fix the problem or it may be your landlord’s responsibility to make repairs. Read your rental lease agreement. Comply with any requirements for cleanliness or safety. Report any needed repairs to the landlord as they arise. Putting your concerns in writing is best. This creates a record of your concerns. Repairs to your rental home should be made in a reasonable amount of time. The amount of time may be listed in your lease.

If your landlord has not made repairs in a reasonable amount of time, you may need to communicate more directly, such as with additional written complaints or a face-to-face meeting. If your landlord continues to neglect your concerns, you may need to pursue legal action.

Disputes between a landlord and a tenant are civil issues. Most landlord and tenant concerns are outside of the authority of the Health Department. These concerns would be ruled on by a civil court judge interpreting the law. There are some programs that support renters.

What are my rights as a renter?

According to the Legal Aid Society, as a renter you have the right to a livable place and to live peacefully.  Your rights as a renter may vary depending on which county you live in.  The Legal Aid Society has a useful fact sheet to help you understand your rights as a renter.  How to contact the Legal Aid Society or the Tennessee Alliance for Legal Services is listed below.

If your rental home needs an emergency repair to keep it healthy, such as a repair of the heat, gas, lights, water, sewage, plumbing or air conditioning, you should alert your landlord right away. 

If the need for repair in not an emergency, then 14 days is generally considered as a reasonable amount of time for the landlord to make repairs.   Hopefully, most repairs will be made much sooner after a landlord is made aware.  Use your routine method of reporting needs for repair such as a website, phone call, text message, or office visit.  Put something into writing to document when you made the landlord aware of the need for repair.

In some counties you can use some of your rent money to make these immediate repairs.  If the problem was your fault, you may have to help pay for the repairs.

You cannot be forced out of your rental home.  You cannot be evicted without notice.  The landlord cannot change the locks or shut off your utilities to make you leave.  Most of the time, a landlord needs to go to court before evicting you.  If you did something dangerous or threatening, the landlord only needs to give you three (3) days to move out.  If you did not pay rent or broke your lease agreement, you may be given a thirty (30) day notice to move out.   If you have legal questions about housing, you should consult with an attorney or legal services.

The Tennessee Alliance for Legal Serices has a HELP4TN website, chatbot, and telephone to assist people who need help with their legal concerns.  If you do not have your own lawyer, this is a good website to start.

If you qualify based on income or assistance status, the Legal Aid Society may be able to help.  Keep in mind, Legal Aid has a client waiting list and seldom will cases happen fast.  Contact the office near you for more information.

Legal Aid Society of Middle Tennessee and the Cumberlands – 1-800-238-1443
Offices in Clarksville, Columbia, Cookeville, Gallatin, Murfreesboro, Nashville, Oak Ridge, and Tullahoma

Legal Aid Society of East Tennessee –  1-865-637-0484 
Offices in Knoxville, Johnson City, Chattanooga, and Cleveland

West Tennessee Legal Services –  1-800-372-8346 
Offices in Jackson, Dyersburg, Huntingdon, and Selmer

Memphis Area Legal Services –  1-888-207-6386 
Offices in Memphis and Covington

The Legal Aid Society created these fact sheets to help you understand your rights and duties as a renter.  Click the left image for counties of 75,000 or more population and the right image for smaller counties.

cover page of renter fact sheet for more urban counties with hyperlink to download PDF

Anderson, Blount, Bradley, Davidson, Hamilton, Knox, Madison, Maury, Montgomery, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson, or Wilson

cover page of renter fact sheet for more rural counties with hyperlink to download PDF

Bedford, Benton, Bledsoe, Campbell, Cannon, Carroll, Carter, Cheatham, Chester, Claiborne, Clay, Cocke, Coffee, Crockett, Cumberland, Decatur, DeKalb, Dickson, Dyer, Fayette, Fentress, Franklin, Gibson, Giles, Grainger, Greene, Grundy, Hamblen, Hancock, Hardeman, Hardin, Hawkins, Haywood, Henderson, Henry, Hickman, Houston, Humphreys, Jackson, Jefferson, Johnson, Lake, Lauderdale, Lawrence, Lewis, Lincoln, Loudon, McMinn, McNairy, Macon, Marion, Marshall, Meigs, Monroe, Moore, Morgan, Obion, Overton, Perry, Pickett, Polk, Putnam, Rhea, Roane, Robertson, Scott, Sequatchie, Sevier, Smith, Stewart, Tipton, Trousdale, Unicoi, Union, Van Buren, Warren, Wayne, Weakley, or White

What about Property Maintenance Codes?

Property Maintenance Codes or Building and Safety Codes are minimum property maintenance standards.  Codes can apply to residential or non-residential properties or both.  Codes inspections can occur at any time, though they are most common with new construction or renovation.  Building Codes help to ensure safety within a building.  It is important to have buildings up to code.  Landlords are responsible for meeting Codes.

All metropolitan areas in Tennessee have their own codes departments to enforce Property Maintenance Codes.  Many large county or city governments have codes departments.  Though, many small towns and rural areas do not have any standardized minimum property maintenance codes.  Several codes departments across the state have adopted the International Property Maintenance Code.  Codes inspectors may check electrical, plumbing, gas, zoning, and other physical aspects of a home.  Contact your local codes department for information specific to your location. 

Often Building Codes will ask if a tenant has already informed their landlord about the need for repair and given the landlord reasonable time to make the repair.  Afterward, Buiding Codes may perform an inspection.  If there is an inspection, be sure to request a copy of any notes or citations.  Keep in mind that Building Codes can only visit homes where the tenant has legal right to allow their visit.   

What is URLTA?

Tennessee Code Annotated  § 66-28 is the Uniform Residential Landlord and Tenant Act. URLTA only applies in counties of greater than 75,000 population as of the 2010 U.S. Census.  For these more populated counties, there are written requirements and protections to rental agreements including obligations for maintenance by the landlord to comply with requirements of applicable building and housing codes materially affecting healthy and safety, as listed in 66-28-304.(a). 

What are the minimum standards for rental housing?

The Tennessee Department of Health is responsible for promulgating rules for minimum health standards for rental housing. These rules are part of Tennessee Code Annotated § 53-5502 reorganized as § 68-111 in Chapter 1200-1-2. The rules cover basic equipment and facilities, light and ventilation, temperature, and sanitation.

Can I make a formal complaint?

If a rental property violates minimum health standards it may be unfit for habitation.  According to Tennessee Code Annotated § 68-111-101, tenants whose rent is $200 or less per week may file a complaint with their local building inspector or county public health department.  Complaints need to be filed in writing with your county health department and a copy must be forwarded by certified mail to the landlord.  A qualifying complaint can result in a home investigation.  This part of the law does not apply to tenants who pay their rent monthly or for a term greater than monthly.  For non-qualifying complaints, other building codes or ordinances that the building inspector is authorized to enforce, may be applicable to residential property rented at higher rates.

What if I live in government assisted housing?

The federal government assists low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market.  Participants find their own housing, including single-family homes, townhouses, and apartments.  There is an annual Housing Quality Standards (HQS) inspection procedure to ensure that homes are clean and safe.  Renters with assisted housing, such as Section 8, should start by talking with the office that issued their rental Housing Choice Voucher (HCV).

The Tennessee Housing Development Agency performs contract administration for Section 8 residential issues in 76 counties.  If the property owner or agent is not fulfilling their responsibilities, TDHA may intervene.  For more information, call THDA at 1-800-228-THDA (8432) during normal business hours or visit the THDA webpage anytime. Local public housing agencies (PHAs) provide services in the other counties.  Some of the local offices are the Metropolitan Development and Housing AgencyMurfreesboro Housing AuthorityMemphis Housing Authority, and Knox County Housing Authority.

Renters who receive assistance can contact their local U.S. Department of Housing and Urban Development office.  Many of HUD’s programs have specific requirements for housing quality.  If your housing is not up to standards, then HUD may intervene to have the landlord make repairs as necessary.  Tennessee’s HUD office contact numbers are:

HUD Knoxville Field Office – (865) 545-4370
Jurisdiction: Anderson, Bledsoe, Blount, Bradley, Campbell, Carter, Claiborne, Cocke, Cumberland, Fentress, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jefferson, Johnson, Knox, Loudon, McMinn, Marion, Meigs, Monroe, Morgan, Pickett, Polk, Roane, Rhea, Scott, Sequatchie, Sevier, Sullivan, Unicoi, Union, Washington

HUD Memphis Field Office – (901) 544-3367
Jurisdiction: Benton, Carroll, Chester, Crockett, Decatur, Dyer, Fayette, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, Lauderdale, Madison, McNairy, Obion, Shelby, Tipton, Weakley

HUD Nashville Field Office – (615) 736-5600
Jurisdiction: Bedford, Cannon, Cheatham, Clay, Coffee, Davidson, De Kalb, Dickson, Franklin, Giles, Hickman, Houston, Humphreys, Jackson, Lawrence, Lewis, Lincoln, Macon, Marshall, Maury, Montgomery, Moore, Overton, Perry, Putnam, Robertson, Rutherford, Smith, Stewart, Sumner, Trousdale, Van Buren, Warren, Wayne, White, Williamson, Wilson

Does the USDA assist with renters in rural areas?

Yes. The U.S. Department of Agriculture has a rural development program. USDA assists with some 360 multi-family properties in Tennessee. If you have a question about living in USDA-assisted rural housing you can contact your rural development local office.

 

Where can I learn more about healthy housing policy ?

Our Healthy Places webpage provides more information about the places we live, work and play.  Click here to learn more about healthy housing policies.

cross section of a house showing different kinds of rooms within the house

Additional resources

HELP4TN - free legal help and social sevices
https://www.help4tn.org/

TN Attorney General's Office
Consumer Affairs Division: tn.gov/consumer

U.S. Department of Housing and Urban Development 
HUD in Tennessee:  portal.hud.gov/hudportal/HUD?src=/states/tennessee
HUD Offices:  https://www.hud.gov/local#TN
Healthy Homes:  portal.hud.gov/hudportal/HUD?src=/program_offices/healthy_homes

Tennessee Housing Development Agency
Leading Tennessee Home:  www.thda.org

Tennesse Office of the Attorney General
Payday Lending and Rent-to-Own

U.S. Department of Agriculture 
Rural Development:  www.rurdev.usda.gov/TN

University of Tennessee – City Codes and Charters
https://www.mtas.tennessee.edu/tennessee-charters-and-codes

Tennessee Supreme Court
Justice for All:  www.justiceforalltn.com

U.S. Administration on Aging
Eldercare Locator