Tenn. Code Ann. § 66-32-133 — TN Code / Title 66 / Chapter 32 / Section 66-32-133
Prize or gift promotional offers - Unlawful acts
Status: in_force

The following unfair acts or practices undertaken by, or omissions of, any person in the operation of any prize or gift promotional offer, by any means, including, but not limited to, by mail, by telephone, by advertisement or in person, for a time-share project are prohibited: (1) Failing to clearly and conspicuously state the name and street address of the person making the offer; (2) Representing or leading a person to believe that the person is or could be a winner if the person has not won or is not eligible to win; (3) Representing or leading a person to believe that the person has been "selected" or is otherwise part of a select or special group when the person has not been selected or is not part of a select or special group; (4) Representing that a person has won or could win a prize, or will receive a gift, or thing of value or has been selected, or is eligible, to win a prize, or receive a gift, or thing of value if the receipt of the prize, or gift, or thing of value is conditioned upon the person listening to or observing a sales promotional effort, making a purchase, or incurring any monetary obligation unless it is clearly and conspicuously disclosed, at the time of the initial offer, contact, or notification of the prize or gift, or thing of value that an attempt will be made to induce the consumer or person to incur a monetary obligation, including the amount of any monetary obligation; (5) Failing to clearly and conspicuously disclose next to each prize, gift, or thing of value offered or any product offered for sale through the promotional plan the item's approximate verifiable retail value, which means the price at which the person offering the item can substantiate that a substantial number of these items have been sold at retail by another person or, in the event such substantiation is unavailable, nor more than three (3) times the amount actually paid by the sponsor or promoter for the item; (6) Representing that the prize, gift, or thing of value offered or any product offered for sale through the promotional plan possesses particular features or benefits, if it does not, or is of a particular standard, quality, grade, or model, if it is of another; (7) Failing to clearly and conspicuously disclose next to each prize, gift, or thing of value offered, a statement of odds, if applicable, in Arabic numerals, of receiving each item offered, and a statement, if applicable, that those offers are not exclusive to the above-named person and whether all prizes or gifts will be awarded; (8) Making the receipt of an offered prize or gift contingent upon the consent of individual winners or recipients to allow their names to be used for promotional purposes, or failing to obtain the express written or oral consent of individual winners or recipients before their names are used for a promotional purpose in connection with the mailing to a third person; (9) Refusing to disclose or make available, upon request, the names of the recipients of any prizes or gifts within the geographic area wherein the promotional offers were made; (10) (A) Failing to clearly and conspicuously disclose in any initial offer, at a minimum, the following: (i) A general description of the types and categories of any restrictions, qualifications, or other conditions, that must be satisfied before the person is entitled to receive or use the prize, gift, or thing of value or product or service offered; (ii) The approximate total of all costs, fees, or other monetary obligations that must be satisfied before the consumer or person is entitled to receive or use the prize, gift, or thing of value or product or service offered; and (iii) That the details and an explanation of all restrictions, qualifications or other conditions of the offer shall be provided prior to the acceptance of the offer; or (B) Failing to clearly and conspicuously state verbally, or upon request, in writing, before an offer can be accepted all restrictions, qualifications, monetary obligations, and other conditions that must be satisfied before the person is entitled to receive or use the prize, gift, or thing of value or product or service offered, including: (i) Any deadline by which the recipient must visit the business, attend or listen to a sales presentation or otherwise respond in order to receive the prize, gift, or thing of value or product or service offered; (ii) The date or dates on or before which the prize, gift or thing of value, product or service offered will terminate or expire and, if applicable, when the prizes will be awarded; (iii) The approximate duration of any mandatory sales presentation or tour, if applicable; (iv) Any other conditions, such as a minimum or maximum age qualification, any financial qualification, or requirement that, if the recipient is married, both spouses must be present or respond in order to receive the prize, gift or thing of value or product or service offered; and (v) All other material rules, terms, restrictions, and conditions of the offer or promotional program including, but not limited to, any promotional service, handling, shipping, delivery, freight, postage or processing fees, charges, or other extra costs for the receipt or use of the prize, gift, or thing of value or product or service offered; provided that the requirements of this subdivision (10)(B)(v) shall not be construed to require that foreign tax rates be included; (11) Misrepresenting in any manner the rules, terms, restrictions, monetary obligation, or conditions of participation in the promotional plan or offer; (12) Failing to award and distribute the prize, gift, or thing of value or product or service offered in accordance with the rules, terms, and conditions of the offer or promotional program as stated or disclosed in accordance with subdivisions (1)-(11); and (13) (A) Failing to award and distribute at least one (1) of each prize or gift of the value and type represented in the promotional program by the day and year specified in the promotion. When a promotion promises the award of a prescribed number of each prize, such number of prizes shall be awarded by the date and year specified in the promotion. For purposes of this subdivision (13)(A), distribution of cash shall be equivalent to distribution of a gift or prize, and a qualified recipient shall be allowed to choose either the gift or prize or cash in an amount equal to the cost of the gift or prize only if the gift or prize is not delivered to a qualified recipient within seventy-two (72) hours of the time the recipient would have been entitled to the gift or prize; (B) Such choice shall be disclosed to the recipient at the time of the initial offering. Acts 1983, ch. 210, § 9; 1991, ch. 81, §§ 1, 2; 1991, ch. 84, § 1; 1993, ch. 230, § 1.
The following unfair acts or practices undertaken by, or omissions of, any person in the operation of any prize or gift promotional offer, by any means, including, but not limited to, by mail, by telephone, by advertisement or in person, for a time-share project are prohibited:
(1) Failing to clearly and conspicuously state the name and street address of the person making the offer;
(2) Representing or leading a person to believe that the person is or could be a winner if the person has not won or is not eligible to win;
(3) Representing or leading a person to believe that the person has been "selected" or is otherwise part of a select or special group when the person has not been selected or is not part of a select or special group;
(4) Representing that a person has won or could win a prize, or will receive a gift, or thing of value or has been selected, or is eligible, to win a prize, or receive a gift, or thing of value if the receipt of the prize, or gift, or thing of value is conditioned upon the person listening to or observing a sales promotional effort, making a purchase, or incurring any monetary obligation unless it is clearly and conspicuously disclosed, at the time of the initial offer, contact, or notification of the prize or gift, or thing of value that an attempt will be made to induce the consumer or person to incur a monetary obligation, including the amount of any monetary obligation;
(5) Failing to clearly and conspicuously disclose next to each prize, gift, or thing of value offered or any product offered for sale through the promotional plan the item's approximate verifiable retail value, which means the price at which the person offering the item can substantiate that a substantial number of these items have been sold at retail by another person or, in the event such substantiation is unavailable, nor more than three (3) times the amount actually paid by the sponsor or promoter for the item;
(6) Representing that the prize, gift, or thing of value offered or any product offered for sale through the promotional plan possesses particular features or benefits, if it does not, or is of a particular standard, quality, grade, or model, if it is of another;
(7) Failing to clearly and conspicuously disclose next to each prize, gift, or thing of value offered, a statement of odds, if applicable, in Arabic numerals, of receiving each item offered, and a statement, if applicable, that those offers are not exclusive to the above-named person and whether all prizes or gifts will be awarded;
(8) Making the receipt of an offered prize or gift contingent upon the consent of individual winners or recipients to allow their names to be used for promotional purposes, or failing to obtain the express written or oral consent of individual winners or recipients before their names are used for a promotional purpose in connection with the mailing to a third person;
(9) Refusing to disclose or make available, upon request, the names of the recipients of any prizes or gifts within the geographic area wherein the promotional offers were made;
(10) (A) Failing to clearly and conspicuously disclose in any initial offer, at a minimum, the following: (i) A general description of the types and categories of any restrictions, qualifications, or other conditions, that must be satisfied before the person is entitled to receive or use the prize, gift, or thing of value or product or service offered; (ii) The approximate total of all costs, fees, or other monetary obligations that must be satisfied before the consumer or person is entitled to receive or use the prize, gift, or thing of value or product or service offered; and (iii) That the details and an explanation of all restrictions, qualifications or other conditions of the offer shall be provided prior to the acceptance of the offer; or (B) Failing to clearly and conspicuously state verbally, or upon request, in writing, before an offer can be accepted all restrictions, qualifications, monetary obligations, and other conditions that must be satisfied before the person is entitled to receive or use the prize, gift, or thing of value or product or service offered, including: (i) Any deadline by which the recipient must visit the business, attend or listen to a sales presentation or otherwise respond in order to receive the prize, gift, or thing of value or product or service offered; (ii) The date or dates on or before which the prize, gift or thing of value, product or service offered will terminate or expire and, if applicable, when the prizes will be awarded; (iii) The approximate duration of any mandatory sales presentation or tour, if applicable; (iv) Any other conditions, such as a minimum or maximum age qualification, any financial qualification, or requirement that, if the recipient is married, both spouses must be present or respond in order to receive the prize, gift or thing of value or product or service offered; and (v) All other material rules, terms, restrictions, and conditions of the offer or promotional program including, but not limited to, any promotional service, handling, shipping, delivery, freight, postage or processing fees, charges, or other extra costs for the receipt or use of the prize, gift, or thing of value or product or service offered; provided that the requirements of this subdivision (10)(B)(v) shall not be construed to require that foreign tax rates be included;
(A) Failing to clearly and conspicuously disclose in any initial offer, at a minimum, the following: (i) A general description of the types and categories of any restrictions, qualifications, or other conditions, that must be satisfied before the person is entitled to receive or use the prize, gift, or thing of value or product or service offered; (ii) The approximate total of all costs, fees, or other monetary obligations that must be satisfied before the consumer or person is entitled to receive or use the prize, gift, or thing of value or product or service offered; and (iii) That the details and an explanation of all restrictions, qualifications or other conditions of the offer shall be provided prior to the acceptance of the offer; or
(i) A general description of the types and categories of any restrictions, qualifications, or other conditions, that must be satisfied before the person is entitled to receive or use the prize, gift, or thing of value or product or service offered;
(ii) The approximate total of all costs, fees, or other monetary obligations that must be satisfied before the consumer or person is entitled to receive or use the prize, gift, or thing of value or product or service offered; and
(iii) That the details and an explanation of all restrictions, qualifications or other conditions of the offer shall be provided prior to the acceptance of the offer; or
(B) Failing to clearly and conspicuously state verbally, or upon request, in writing, before an offer can be accepted all restrictions, qualifications, monetary obligations, and other conditions that must be satisfied before the person is entitled to receive or use the prize, gift, or thing of value or product or service offered, including: (i) Any deadline by which the recipient must visit the business, attend or listen to a sales presentation or otherwise respond in order to receive the prize, gift, or thing of value or product or service offered; (ii) The date or dates on or before which the prize, gift or thing of value, product or service offered will terminate or expire and, if applicable, when the prizes will be awarded; (iii) The approximate duration of any mandatory sales presentation or tour, if applicable; (iv) Any other conditions, such as a minimum or maximum age qualification, any financial qualification, or requirement that, if the recipient is married, both spouses must be present or respond in order to receive the prize, gift or thing of value or product or service offered; and (v) All other material rules, terms, restrictions, and conditions of the offer or promotional program including, but not limited to, any promotional service, handling, shipping, delivery, freight, postage or processing fees, charges, or other extra costs for the receipt or use of the prize, gift, or thing of value or product or service offered; provided that the requirements of this subdivision (10)(B)(v) shall not be construed to require that foreign tax rates be included;
(i) Any deadline by which the recipient must visit the business, attend or listen to a sales presentation or otherwise respond in order to receive the prize, gift, or thing of value or product or service offered;
(ii) The date or dates on or before which the prize, gift or thing of value, product or service offered will terminate or expire and, if applicable, when the prizes will be awarded;
(iii) The approximate duration of any mandatory sales presentation or tour, if applicable;
(iv) Any other conditions, such as a minimum or maximum age qualification, any financial qualification, or requirement that, if the recipient is married, both spouses must be present or respond in order to receive the prize, gift or thing of value or product or service offered; and
(v) All other material rules, terms, restrictions, and conditions of the offer or promotional program including, but not limited to, any promotional service, handling, shipping, delivery, freight, postage or processing fees, charges, or other extra costs for the receipt or use of the prize, gift, or thing of value or product or service offered; provided that the requirements of this subdivision (10)(B)(v) shall not be construed to require that foreign tax rates be included;
(11) Misrepresenting in any manner the rules, terms, restrictions, monetary obligation, or conditions of participation in the promotional plan or offer;
(12) Failing to award and distribute the prize, gift, or thing of value or product or service offered in accordance with the rules, terms, and conditions of the offer or promotional program as stated or disclosed in accordance with subdivisions (1)-(11); and
(13) (A) Failing to award and distribute at least one (1) of each prize or gift of the value and type represented in the promotional program by the day and year specified in the promotion. When a promotion promises the award of a prescribed number of each prize, such number of prizes shall be awarded by the date and year specified in the promotion. For purposes of this subdivision (13)(A), distribution of cash shall be equivalent to distribution of a gift or prize, and a qualified recipient shall be allowed to choose either the gift or prize or cash in an amount equal to the cost of the gift or prize only if the gift or prize is not delivered to a qualified recipient within seventy-two (72) hours of the time the recipient would have been entitled to the gift or prize; (B) Such choice shall be disclosed to the recipient at the time of the initial offering.
(A) Failing to award and distribute at least one (1) of each prize or gift of the value and type represented in the promotional program by the day and year specified in the promotion. When a promotion promises the award of a prescribed number of each prize, such number of prizes shall be awarded by the date and year specified in the promotion. For purposes of this subdivision (13)(A), distribution of cash shall be equivalent to distribution of a gift or prize, and a qualified recipient shall be allowed to choose either the gift or prize or cash in an amount equal to the cost of the gift or prize only if the gift or prize is not delivered to a qualified recipient within seventy-two (72) hours of the time the recipient would have been entitled to the gift or prize;
(B) Such choice shall be disclosed to the recipient at the time of the initial offering.
Acts 1983, ch. 210, § 9; 1991, ch. 81, §§ 1, 2; 1991, ch. 84, § 1; 1993, ch. 230, § 1.
Tenn. Code Ann. § 66-5-204 — TN Code / Title 66 / Chapter 5 / Section 66-5-204
Liability for errors or omissions - Experts' reports
Status: in_force

(a) The owner shall not be liable for any error, inaccuracy or omission of any information delivered pursuant to this part if: (1) The error, inaccuracy or omission was not within the actual knowledge of the owner or was based upon information provided by public agencies or by other persons providing information as specified in subsection (b) that is required to be disclosed pursuant to this part, or the owner reasonably believed the information to be correct; and (2) The owner was not grossly negligent in obtaining the information from a third party and transmitting it. (b) The delivery by a public agency or other person, as described in subsection (c), of any information required to be disclosed by this part to a prospective purchaser shall be deemed to comply with the requirements of this part, and shall relieve the owner of any further duty under this part with respect to that item of information. (c) The delivery by the owner of a report or opinion prepared by a licensed engineer, land surveyor, geologist, wood destroying insect control expert, contract or other home inspection expert, dealing with matters within the scope of the professional license or expertise, shall satisfy the requirements of subsection (a) if the information is provided to the owner pursuant to request therefor, whether written or oral. In responding to such a request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of this part and, if so, shall indicate the required disclosure or portions thereof, to which the information being furnished is applicable. Where such a statement is furnished, the expert shall not be responsible for any items of information, or portions thereof, other than those expressly set forth in this statement. Acts 1994, ch. 828, § 4.
(a) The owner shall not be liable for any error, inaccuracy or omission of any information delivered pursuant to this part if: (1) The error, inaccuracy or omission was not within the actual knowledge of the owner or was based upon information provided by public agencies or by other persons providing information as specified in subsection (b) that is required to be disclosed pursuant to this part, or the owner reasonably believed the information to be correct; and (2) The owner was not grossly negligent in obtaining the information from a third party and transmitting it.
(1) The error, inaccuracy or omission was not within the actual knowledge of the owner or was based upon information provided by public agencies or by other persons providing information as specified in subsection (b) that is required to be disclosed pursuant to this part, or the owner reasonably believed the information to be correct; and
(2) The owner was not grossly negligent in obtaining the information from a third party and transmitting it.
(b) The delivery by a public agency or other person, as described in subsection (c), of any information required to be disclosed by this part to a prospective purchaser shall be deemed to comply with the requirements of this part, and shall relieve the owner of any further duty under this part with respect to that item of information.
(c) The delivery by the owner of a report or opinion prepared by a licensed engineer, land surveyor, geologist, wood destroying insect control expert, contract or other home inspection expert, dealing with matters within the scope of the professional license or expertise, shall satisfy the requirements of subsection (a) if the information is provided to the owner pursuant to request therefor, whether written or oral. In responding to such a request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of this part and, if so, shall indicate the required disclosure or portions thereof, to which the information being furnished is applicable. Where such a statement is furnished, the expert shall not be responsible for any items of information, or portions thereof, other than those expressly set forth in this statement.
Acts 1994, ch. 828, § 4.
Tenn. Code Ann. § 66-5-208 — TN Code / Title 66 / Chapter 5 / Section 66-5-208
Remedies for misrepresentation or nondisclosure
Status: in_force

(a) The purchaser's remedies for an owner's misrepresentation on a residential property disclosure statement shall be either: (1) An action for actual damages suffered as a result of defects existing in the property as of the date of execution of the real estate purchase contract; provided, that the owner has actually presented to a purchaser the disclosure statement required by this part, and of which the purchaser was not aware at the earlier of closing or occupancy by the purchaser, in the event of a sale, or occupancy in the event of a lease with the option to purchase. Any action brought under this subsection (a) shall be commenced within one (1) year from the date the purchaser received the disclosure statement or the date of closing, or occupancy if a lease situation, whichever occurs first; (2) In the event of a misrepresentation in any residential property disclosure statement required by this part, termination of the contract prior to closing, subject to § 66-5-204 ; or (3) Such other remedies at law or equity otherwise available against an owner in the event of an owner's intentional or willful misrepresentation of the condition of the subject property. (b) No cause of action may be instituted against an owner of residential real property subject to this part for the owner's failure to provide the disclosure or disclaimer statement required by this part. However, such owner would be subject to any other cause of action available in law or equity against an owner for misrepresentation or failure to disclose material facts regarding the subject property that exists on July 1, 1994. (c) No cause of action may be instituted against a closing agent or closing attorney for the failure of an owner to provide the disclaimer or disclosure required by this part or for any misrepresentations made by a seller on the disclosure form supplied to the purchaser pursuant to this part. (d) (1) No cause of action may be instituted against a real estate licensee for information contained in any reports or opinions prepared by an engineer, land surveyor, geologist, wood destroying inspection control expert, termite inspector, mortgage broker, home inspector, or other home inspection expert. A real estate licensee may not be the subject of any action and no action may be instituted against a real estate licensee for any information contained in the form prescribed by § 66-5-210 , unless the real estate licensee is signatory to such. (2) Nothing in this subsection (d) shall be construed to exempt or excuse a real estate licensee from making any of the disclosures required by § 62-13-403 , § 62-13-405 or § 66-5-206 , nor shall it be construed to remove, limit or otherwise affect any remedy provided by law for such a failure to disclose. (e) The failure of an owner to provide a purchaser the disclosure or disclaimer required by this part shall not have any effect on title to property subject to this part and the presence or absence of such disclosure or disclaimer is not a cloud on title and has no effect on title to such property. Acts 1994, ch. 828, § 8; 2003, ch. 263, § 1.
(a) The purchaser's remedies for an owner's misrepresentation on a residential property disclosure statement shall be either: (1) An action for actual damages suffered as a result of defects existing in the property as of the date of execution of the real estate purchase contract; provided, that the owner has actually presented to a purchaser the disclosure statement required by this part, and of which the purchaser was not aware at the earlier of closing or occupancy by the purchaser, in the event of a sale, or occupancy in the event of a lease with the option to purchase. Any action brought under this subsection (a) shall be commenced within one (1) year from the date the purchaser received the disclosure statement or the date of closing, or occupancy if a lease situation, whichever occurs first; (2) In the event of a misrepresentation in any residential property disclosure statement required by this part, termination of the contract prior to closing, subject to § 66-5-204 ; or (3) Such other remedies at law or equity otherwise available against an owner in the event of an owner's intentional or willful misrepresentation of the condition of the subject property.
(1) An action for actual damages suffered as a result of defects existing in the property as of the date of execution of the real estate purchase contract; provided, that the owner has actually presented to a purchaser the disclosure statement required by this part, and of which the purchaser was not aware at the earlier of closing or occupancy by the purchaser, in the event of a sale, or occupancy in the event of a lease with the option to purchase. Any action brought under this subsection (a) shall be commenced within one (1) year from the date the purchaser received the disclosure statement or the date of closing, or occupancy if a lease situation, whichever occurs first;
(2) In the event of a misrepresentation in any residential property disclosure statement required by this part, termination of the contract prior to closing, subject to § 66-5-204 ; or
(3) Such other remedies at law or equity otherwise available against an owner in the event of an owner's intentional or willful misrepresentation of the condition of the subject property.
(b) No cause of action may be instituted against an owner of residential real property subject to this part for the owner's failure to provide the disclosure or disclaimer statement required by this part. However, such owner would be subject to any other cause of action available in law or equity against an owner for misrepresentation or failure to disclose material facts regarding the subject property that exists on July 1, 1994.
(c) No cause of action may be instituted against a closing agent or closing attorney for the failure of an owner to provide the disclaimer or disclosure required by this part or for any misrepresentations made by a seller on the disclosure form supplied to the purchaser pursuant to this part.
(d) (1) No cause of action may be instituted against a real estate licensee for information contained in any reports or opinions prepared by an engineer, land surveyor, geologist, wood destroying inspection control expert, termite inspector, mortgage broker, home inspector, or other home inspection expert. A real estate licensee may not be the subject of any action and no action may be instituted against a real estate licensee for any information contained in the form prescribed by § 66-5-210 , unless the real estate licensee is signatory to such. (2) Nothing in this subsection (d) shall be construed to exempt or excuse a real estate licensee from making any of the disclosures required by § 62-13-403 , § 62-13-405 or § 66-5-206 , nor shall it be construed to remove, limit or otherwise affect any remedy provided by law for such a failure to disclose.
(1) No cause of action may be instituted against a real estate licensee for information contained in any reports or opinions prepared by an engineer, land surveyor, geologist, wood destroying inspection control expert, termite inspector, mortgage broker, home inspector, or other home inspection expert. A real estate licensee may not be the subject of any action and no action may be instituted against a real estate licensee for any information contained in the form prescribed by § 66-5-210 , unless the real estate licensee is signatory to such.
(2) Nothing in this subsection (d) shall be construed to exempt or excuse a real estate licensee from making any of the disclosures required by § 62-13-403 , § 62-13-405 or § 66-5-206 , nor shall it be construed to remove, limit or otherwise affect any remedy provided by law for such a failure to disclose.
(e) The failure of an owner to provide a purchaser the disclosure or disclaimer required by this part shall not have any effect on title to property subject to this part and the presence or absence of such disclosure or disclaimer is not a cloud on title and has no effect on title to such property.
Acts 1994, ch. 828, § 8; 2003, ch. 263, § 1.
Tenn. Code Ann. § 66-27-201 — TN Code / Title 66 / Chapter 27 / Section 66-27-201
Short title
Status: in_force

This part and parts 3-5 of this chapter shall be known and may be cited as the "Tennessee Condominium Act of 2008." Acts 2008, ch. 766, § 1.
This part and parts 3-5 of this chapter shall be known and may be cited as the "Tennessee Condominium Act of 2008."
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-29-151 — TN Code / Title 66 / Chapter 29 / Section 66-29-151
When property subject to recovery by another state
Status: in_force

(a) Property held by the treasurer under this part is subject to the right of another state to take custody of the property if: (1) The property was paid or delivered to the treasurer because the records of the holder did not reflect a last known address of the apparent owner in another state, and: (A) That state establishes that the last known address of the apparent owner or other person entitled to the property was in that state; or (B) Under the law of that state, the property has become subject to a claim of abandonment by that state; (2) The records of the holder did not accurately identify the apparent owner of the property, the last known address of the owner was in another state, and, under the law of that state, the property has become subject to a claim of abandonment in that state; (3) The property was subject to the custody of the treasurer of this state under § 66-29-119 and, under the law of the state of domicile of the holder, the property has become subject to a claim of abandonment by the state of domicile of the holder; or (4) The property: (A) Is a sum payable on a traveler's check, money order, or similar instrument that was purchased in another state and delivered to the treasurer under § 66-29-120 ; and (B) Under the law of that state, has become subject to a claim of abandonment in that state. (b) A claim by another state to recover property under this section must be presented in a form prescribed by the treasurer unless the treasurer waives presentation of the form. (c) The treasurer shall decide whether a claim under this section is valid not later than ninety (90) days after it is presented. If the treasurer determines that another state is entitled under subsection (a) to custody of the property, the treasurer shall approve the claim and pay or deliver the property to that state. (d) The treasurer may require another state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim to property. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1989, ch. 424, § 1; 1995, ch. 445, §§ 1, 4; 1996, ch. 1079, § 146; 1997, ch. 353, §§ 1-3; 1997, ch. 536, § 1; 1998, ch. 1010, § 1; 2007, ch. 291, § 1.
(a) Property held by the treasurer under this part is subject to the right of another state to take custody of the property if: (1) The property was paid or delivered to the treasurer because the records of the holder did not reflect a last known address of the apparent owner in another state, and: (A) That state establishes that the last known address of the apparent owner or other person entitled to the property was in that state; or (B) Under the law of that state, the property has become subject to a claim of abandonment by that state; (2) The records of the holder did not accurately identify the apparent owner of the property, the last known address of the owner was in another state, and, under the law of that state, the property has become subject to a claim of abandonment in that state; (3) The property was subject to the custody of the treasurer of this state under § 66-29-119 and, under the law of the state of domicile of the holder, the property has become subject to a claim of abandonment by the state of domicile of the holder; or (4) The property: (A) Is a sum payable on a traveler's check, money order, or similar instrument that was purchased in another state and delivered to the treasurer under § 66-29-120 ; and (B) Under the law of that state, has become subject to a claim of abandonment in that state.
(1) The property was paid or delivered to the treasurer because the records of the holder did not reflect a last known address of the apparent owner in another state, and: (A) That state establishes that the last known address of the apparent owner or other person entitled to the property was in that state; or (B) Under the law of that state, the property has become subject to a claim of abandonment by that state;
(A) That state establishes that the last known address of the apparent owner or other person entitled to the property was in that state; or
(B) Under the law of that state, the property has become subject to a claim of abandonment by that state;
(2) The records of the holder did not accurately identify the apparent owner of the property, the last known address of the owner was in another state, and, under the law of that state, the property has become subject to a claim of abandonment in that state;
(3) The property was subject to the custody of the treasurer of this state under § 66-29-119 and, under the law of the state of domicile of the holder, the property has become subject to a claim of abandonment by the state of domicile of the holder; or
(4) The property: (A) Is a sum payable on a traveler's check, money order, or similar instrument that was purchased in another state and delivered to the treasurer under § 66-29-120 ; and (B) Under the law of that state, has become subject to a claim of abandonment in that state.
(A) Is a sum payable on a traveler's check, money order, or similar instrument that was purchased in another state and delivered to the treasurer under § 66-29-120 ; and
(B) Under the law of that state, has become subject to a claim of abandonment in that state.
(b) A claim by another state to recover property under this section must be presented in a form prescribed by the treasurer unless the treasurer waives presentation of the form.
(c) The treasurer shall decide whether a claim under this section is valid not later than ninety (90) days after it is presented. If the treasurer determines that another state is entitled under subsection (a) to custody of the property, the treasurer shall approve the claim and pay or deliver the property to that state.
(d) The treasurer may require another state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim to property.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1989, ch. 424, § 1; 1995, ch. 445, §§ 1, 4; 1996, ch. 1079, § 146; 1997, ch. 353, §§ 1-3; 1997, ch. 536, § 1; 1998, ch. 1010, § 1; 2007, ch. 291, § 1.
Tenn. Code Ann. § 66-20-105 — TN Code / Title 66 / Chapter 20 / Section 66-20-105
Duration of lien on offspring
Status: in_force

(a) The lien provided for in § 66-20-104 , so far as it affects the offspring of jacks and bulls shall exist for two (2) years from the birth of such offspring and so far as it affects rams and boars shall continue for twelve (12) months from the birth of such offspring. (b) This section shall likewise include the service of any stud or stallion. Acts 1873, ch. 93, § 1; 1879, ch. 259, § 1; 1883, ch. 126, § 1; Shan., § 3555; Acts 1923, ch. 33; mod. Code 1932, § 7978; Acts 1941, ch. 134, § 1; mod. C. Supp. 1950, § 7978; Acts 1959, ch. 220, §3; T.C.A. (orig. ed.), § 64-2005.
(a) The lien provided for in § 66-20-104 , so far as it affects the offspring of jacks and bulls shall exist for two (2) years from the birth of such offspring and so far as it affects rams and boars shall continue for twelve (12) months from the birth of such offspring.
(b) This section shall likewise include the service of any stud or stallion.
Acts 1873, ch. 93, § 1; 1879, ch. 259, § 1; 1883, ch. 126, § 1; Shan., § 3555; Acts 1923, ch. 33; mod. Code 1932, § 7978; Acts 1941, ch. 134, § 1; mod. C. Supp. 1950, § 7978; Acts 1959, ch. 220, §3; T.C.A. (orig. ed.), § 64-2005.
Tenn. Code Ann. § 66-27-115 — TN Code / Title 66 / Chapter 27 / Section 66-27-115
Homestead provisions applicable
Status: in_force

The provisions of Constitution of Tennessee, Article XI, § 11 relating to homestead and exemptions and the acts of the general assembly pertaining to or implementing the constitutional provisions shall be applicable to individual apartments which shall have the benefit of such exemptions in those cases the same as in ownership of any other property, and shall inure to the benefit of the owners of such apartments, that is to say, that individual apartments in a horizontal property regime are declared to be homesteads within the purview of Constitution of Tennessee, Article XI, § 11. Acts 1963, ch. 124, § 15; T.C.A., § 64-2715.
The provisions of Constitution of Tennessee, Article XI, § 11 relating to homestead and exemptions and the acts of the general assembly pertaining to or implementing the constitutional provisions shall be applicable to individual apartments which shall have the benefit of such exemptions in those cases the same as in ownership of any other property, and shall inure to the benefit of the owners of such apartments, that is to say, that individual apartments in a horizontal property regime are declared to be homesteads within the purview of Constitution of Tennessee, Article XI, § 11.
Acts 1963, ch. 124, § 15; T.C.A., § 64-2715.
Tenn. Code Ann. § 66-28-205 — TN Code / Title 66 / Chapter 28 / Section 66-28-205
Termination of residential lease by domestic abuse victim, sexual assault victim, or stalking victim
Status: in_force

(a) As used in this section: (1) "Domestic abuse victim" has the same meaning as defined in § 36-3-601 ; (2) "Household member" means a member of the tenant's family who lives in the same household as the tenant; (3) "Sexual assault victim" has the same meaning as defined in § 36-3- 601; and (4) "Stalking victim" has the same meaning as defined in § 36-3-601 . (b) (1) A tenant who meets the requirements established in this subsection (b) may terminate a residential rental or lease agreement entered into or renewed on or after July 1, 2021, upon the tenant providing the landlord with written notice stating that the tenant or household member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether the victim is an adult or a child. In order for a tenant to terminate the tenant's rights and obligations under the rental or lease agreement and vacate the dwelling without liability for future rent and early termination penalties or fees, the tenant must provide the landlord with: (A) Written notice requesting release from the rental or lease agreement; (B) A mutually agreed upon release date within the next thirty (30) days from the date of the written notice; and (C) One (1) of the following: (i) A copy of a valid order of protection issued or extended pursuant to § 36-3-605 , following a hearing at which the court found by a preponderance of the evidence that the tenant or household member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether the victim is an adult or child; or (ii) Documentation evidencing a criminal charge of domestic abuse, sexual assault, or stalking, based on a police report reflecting that the tenant or household member was subject to domestic abuse, sexual assault, or stalking, regardless of whether the alleged victim is an adult or a child. (2) The documentation the tenant offers in support of the termination request must be dated no more than sixty (60) days prior to the tenant's notice to the landlord. (3) (A) Unless otherwise required by law or a court of competent jurisdiction, a landlord shall not reveal any identifying information concerning a tenant who has terminated a rental or lease agreement pursuant to this subsection (b) without the written consent of the tenant. (B) As used in this subdivision (b)(3), "identifying information" means any information that could reasonably be used to locate the former tenant or household member, including a home or work address, telephone number, or social security number. (4) The tenant shall vacate the premises within thirty (30) days of giving notice to the landlord or at any other time as may be agreed upon by the landlord and the tenant. (c) A tenant terminating the rental or lease agreement pursuant to this section is responsible for: (1) The rent payment for the full month in which the tenancy terminates; and (2) The previous obligations outstanding on the termination date. (d) This section does not: (1) Release other parties to the rental or lease agreement from the obligation under the rental or lease agreement; (2) Authorize the landlord to terminate the tenancy and cause the eviction of a residential tenant solely because the tenant or a household member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether the victim is an adult or child; or (3) Authorize the landlord or tenant, by agreement, to waive or modify any provision of this section other than subdivision (b)(4). Added by 2021 Tenn. Acts, ch. 293, s 2, eff. 7/1/2021.
(a) As used in this section: (1) "Domestic abuse victim" has the same meaning as defined in § 36-3-601 ; (2) "Household member" means a member of the tenant's family who lives in the same household as the tenant; (3) "Sexual assault victim" has the same meaning as defined in § 36-3- 601; and (4) "Stalking victim" has the same meaning as defined in § 36-3-601 .
(1) "Domestic abuse victim" has the same meaning as defined in § 36-3-601 ;
(2) "Household member" means a member of the tenant's family who lives in the same household as the tenant;
(3) "Sexual assault victim" has the same meaning as defined in § 36-3- 601; and
(4) "Stalking victim" has the same meaning as defined in § 36-3-601 .
(b) (1) A tenant who meets the requirements established in this subsection (b) may terminate a residential rental or lease agreement entered into or renewed on or after July 1, 2021, upon the tenant providing the landlord with written notice stating that the tenant or household member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether the victim is an adult or a child. In order for a tenant to terminate the tenant's rights and obligations under the rental or lease agreement and vacate the dwelling without liability for future rent and early termination penalties or fees, the tenant must provide the landlord with: (A) Written notice requesting release from the rental or lease agreement; (B) A mutually agreed upon release date within the next thirty (30) days from the date of the written notice; and (C) One (1) of the following: (i) A copy of a valid order of protection issued or extended pursuant to § 36-3-605 , following a hearing at which the court found by a preponderance of the evidence that the tenant or household member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether the victim is an adult or child; or (ii) Documentation evidencing a criminal charge of domestic abuse, sexual assault, or stalking, based on a police report reflecting that the tenant or household member was subject to domestic abuse, sexual assault, or stalking, regardless of whether the alleged victim is an adult or a child. (2) The documentation the tenant offers in support of the termination request must be dated no more than sixty (60) days prior to the tenant's notice to the landlord. (3) (A) Unless otherwise required by law or a court of competent jurisdiction, a landlord shall not reveal any identifying information concerning a tenant who has terminated a rental or lease agreement pursuant to this subsection (b) without the written consent of the tenant. (B) As used in this subdivision (b)(3), "identifying information" means any information that could reasonably be used to locate the former tenant or household member, including a home or work address, telephone number, or social security number. (4) The tenant shall vacate the premises within thirty (30) days of giving notice to the landlord or at any other time as may be agreed upon by the landlord and the tenant.
(1) A tenant who meets the requirements established in this subsection (b) may terminate a residential rental or lease agreement entered into or renewed on or after July 1, 2021, upon the tenant providing the landlord with written notice stating that the tenant or household member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether the victim is an adult or a child. In order for a tenant to terminate the tenant's rights and obligations under the rental or lease agreement and vacate the dwelling without liability for future rent and early termination penalties or fees, the tenant must provide the landlord with: (A) Written notice requesting release from the rental or lease agreement; (B) A mutually agreed upon release date within the next thirty (30) days from the date of the written notice; and (C) One (1) of the following: (i) A copy of a valid order of protection issued or extended pursuant to § 36-3-605 , following a hearing at which the court found by a preponderance of the evidence that the tenant or household member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether the victim is an adult or child; or (ii) Documentation evidencing a criminal charge of domestic abuse, sexual assault, or stalking, based on a police report reflecting that the tenant or household member was subject to domestic abuse, sexual assault, or stalking, regardless of whether the alleged victim is an adult or a child.
(A) Written notice requesting release from the rental or lease agreement;
(B) A mutually agreed upon release date within the next thirty (30) days from the date of the written notice; and
(C) One (1) of the following: (i) A copy of a valid order of protection issued or extended pursuant to § 36-3-605 , following a hearing at which the court found by a preponderance of the evidence that the tenant or household member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether the victim is an adult or child; or (ii) Documentation evidencing a criminal charge of domestic abuse, sexual assault, or stalking, based on a police report reflecting that the tenant or household member was subject to domestic abuse, sexual assault, or stalking, regardless of whether the alleged victim is an adult or a child.
(i) A copy of a valid order of protection issued or extended pursuant to § 36-3-605 , following a hearing at which the court found by a preponderance of the evidence that the tenant or household member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether the victim is an adult or child; or
(ii) Documentation evidencing a criminal charge of domestic abuse, sexual assault, or stalking, based on a police report reflecting that the tenant or household member was subject to domestic abuse, sexual assault, or stalking, regardless of whether the alleged victim is an adult or a child.
(2) The documentation the tenant offers in support of the termination request must be dated no more than sixty (60) days prior to the tenant's notice to the landlord.
(3) (A) Unless otherwise required by law or a court of competent jurisdiction, a landlord shall not reveal any identifying information concerning a tenant who has terminated a rental or lease agreement pursuant to this subsection (b) without the written consent of the tenant. (B) As used in this subdivision (b)(3), "identifying information" means any information that could reasonably be used to locate the former tenant or household member, including a home or work address, telephone number, or social security number.
(A) Unless otherwise required by law or a court of competent jurisdiction, a landlord shall not reveal any identifying information concerning a tenant who has terminated a rental or lease agreement pursuant to this subsection (b) without the written consent of the tenant.
(B) As used in this subdivision (b)(3), "identifying information" means any information that could reasonably be used to locate the former tenant or household member, including a home or work address, telephone number, or social security number.
(4) The tenant shall vacate the premises within thirty (30) days of giving notice to the landlord or at any other time as may be agreed upon by the landlord and the tenant.
(c) A tenant terminating the rental or lease agreement pursuant to this section is responsible for: (1) The rent payment for the full month in which the tenancy terminates; and (2) The previous obligations outstanding on the termination date.
(1) The rent payment for the full month in which the tenancy terminates; and
(2) The previous obligations outstanding on the termination date.
(d) This section does not: (1) Release other parties to the rental or lease agreement from the obligation under the rental or lease agreement; (2) Authorize the landlord to terminate the tenancy and cause the eviction of a residential tenant solely because the tenant or a household member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether the victim is an adult or child; or (3) Authorize the landlord or tenant, by agreement, to waive or modify any provision of this section other than subdivision (b)(4).
(1) Release other parties to the rental or lease agreement from the obligation under the rental or lease agreement;
(2) Authorize the landlord to terminate the tenancy and cause the eviction of a residential tenant solely because the tenant or a household member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether the victim is an adult or child; or
(3) Authorize the landlord or tenant, by agreement, to waive or modify any provision of this section other than subdivision (b)(4).
Added by 2021 Tenn. Acts, ch. 293, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 66-3-305 — TN Code / Title 66 / Chapter 3 / Section 66-3-305
Transfers fraudulent as to present and future creditors
Status: in_force

(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) With actual intent to hinder, delay, or defraud any creditor of the debtor; or (2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: (A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (B) Intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due. (b) In determining actual intent under subdivision (a)(1), consideration may be given, among other factors, to whether: (1) The transfer or obligation was to an insider; (2) The debtor retained possession or control of the property transferred after the transfer; (3) The transfer or obligation was disclosed or concealed; (4) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit; (5) The transfer was of substantially all the debtor's assets; (6) The debtor absconded; (7) The debtor removed or concealed assets; (8) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred; (9) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; (10) The transfer occurred shortly before or shortly after a substantial debt was incurred; and (11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor. Acts 2003, ch. 42, § 1.
(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) With actual intent to hinder, delay, or defraud any creditor of the debtor; or (2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: (A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (B) Intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.
(1) With actual intent to hinder, delay, or defraud any creditor of the debtor; or
(2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: (A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (B) Intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.
(A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(B) Intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.
(b) In determining actual intent under subdivision (a)(1), consideration may be given, among other factors, to whether: (1) The transfer or obligation was to an insider; (2) The debtor retained possession or control of the property transferred after the transfer; (3) The transfer or obligation was disclosed or concealed; (4) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit; (5) The transfer was of substantially all the debtor's assets; (6) The debtor absconded; (7) The debtor removed or concealed assets; (8) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred; (9) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; (10) The transfer occurred shortly before or shortly after a substantial debt was incurred; and (11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
(1) The transfer or obligation was to an insider;
(2) The debtor retained possession or control of the property transferred after the transfer;
(3) The transfer or obligation was disclosed or concealed;
(4) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(5) The transfer was of substantially all the debtor's assets;
(6) The debtor absconded;
(7) The debtor removed or concealed assets;
(8) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(9) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(10) The transfer occurred shortly before or shortly after a substantial debt was incurred; and
(11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
Acts 2003, ch. 42, § 1.
Tenn. Code Ann. § 66-28-508 — TN Code / Title 66 / Chapter 28 / Section 66-28-508
Waiver of landlord's right to terminate
Status: in_force

If the landlord accepts rent without reservation and with knowledge of a tenant default, the landlord by such acceptance condones the default and thereby waives such landlord's right and is estopped from terminating the rental agreement as to that breach. Acts 1975, ch. 245, § 4.204; T.C.A., § 64-2848.
If the landlord accepts rent without reservation and with knowledge of a tenant default, the landlord by such acceptance condones the default and thereby waives such landlord's right and is estopped from terminating the rental agreement as to that breach.
Acts 1975, ch. 245, § 4.204; T.C.A., § 64-2848.
Tenn. Code Ann. § 66-24-101 — TN Code / Title 66 / Chapter 24 / Section 66-24-101
Writings eligible for registration - Refusal to register documents not in English - Electronic records
Status: in_force

(a) The following writings may be registered: (1) All agreements and bonds for the conveyance of real or personal estate; (2) All powers of attorney authorizing the sale, transfer, or conveyance of real or personal estate, or for any other purpose, or appointing an agent to transact any business whatever; (3) All revocations of powers of attorney; (4) All deeds for absolute conveyance of any lands, tenements or hereditaments, or any estate therein; (5) All instruments of writing for the absolute conveyance of personal property; (6) Copies of deeds of conveyance, with certificate of probate, of lands being in different counties in this state, certified by the register of the county where same has been first registered; (7) Deeds of gifts of any estate, real or personal; (8) All mortgages and deeds of trust of either real or personal property; (9) The acknowledgment of satisfaction and discharge of mortgage, trust, and other liens, by an entry in the margin of the record thereof; (10) All marriage settlements, contracts, or agreements; (11) Deeds and mesne conveyances for the settlement of property, real or personal, in consideration of marriage; (12) All other deeds of every description; (13) Transfers or assignments of plats and certificates of survey or locations of land; (14) All instruments in writing transferring or conveying any right of improvement, occupancy or preemption; (15) Leases for more than three (3) years from the time of making the same, or a summary or abstract of such leases; (16) Wills devising lands in Tennessee, or certified copies thereof, duly admitted to probate in Tennessee or in other states, together with certified copies of related probate orders; (17) Memoranda of judgments, attachments, orders, injunctions, and other writs affecting title, use or possession of real estate; (18) Certified copies of decrees divesting the title of land out of one (1) person and vesting it in another; (19) Memoranda of judgments or decrees, stating the court, date of judgment, names of parties, and amount of judgment, to bind equitable interests in land or personalty; (20) Discharges of soldiers, sailors, marines, and naval and army officers of the United States. County registers are required, upon application of lawful holders thereof, to register such discharges without charge to the person named in the discharge, or to the holder of such discharge. Certified copies of such registered discharges issued by the register shall be legal evidence of such discharge; (21) Certified copies of the petition in bankruptcy, with schedules omitted, of the decree of adjudication and of the order of court approving the bond of the trustee, in any bankruptcy proceeding in any court of bankruptcy of the United States; (22) Receipts evidencing the payment of Tennessee inheritance taxes issued by the commissioner of revenue or the commissioner's authorized representative and nontaxable certificates evidencing that a sworn return for inheritance tax has been filed with the department of revenue by a duly qualified representative of the estate showing that it has been ascertained that the estate was not subject to tax, such nontaxable certificate having been issued by the commissioner or the commissioner's authorized representative; (23) All instruments granting, transferring, pledging or assigning an interest in leases or rents arising from real property; (24) All trust agreements or a summary or abstract of such agreements; (25) All instruments required to be filed pursuant to § 66-19-301 ; (26) (A) Any instrument that provides for any party to agree to take any action regarding any interest in real property, or not to take such action regarding any interest in real property, including, but not limited to, any agreement to or negative agreement to mortgage, pledge, assign, hypothecate, alienate, subdivide, encumber, sell, transfer, or otherwise affect the real property or any part thereof; (B) All agreements described in subdivision (a)(26)(A) that are of record as of June 14, 1999, shall be deemed validly recorded and do not need to be re-recorded to have the benefit of subdivision (a)(26)(A) and shall further be deemed to have been validly recorded upon their initial registration; (27) Affidavits of scrivener's error and other affidavits in furtherance of identification and title to land. The affiant in the case of any affidavit of scrivener's error may attach a document, including a document previously recorded with corrections made by the affiant, with the affidavit; and (28) Reports of sale and notices reflecting tax sale results filed pursuant to any lawsuit for the sale of property for delinquent taxes. (b) (1) The county register may refuse to register any writing eligible for registration in accordance with this title, if such writing, in the opinion of the county register, is illegible or cannot be legibly recorded or reproduced unless the person seeking to register the writing attaches to it for recording an affidavit stating that such writing is the best available original and sets forth the following facts regarding the writing: (A) The type of document or instrument; (B) The grantor or grantors and grantee or grantees; (C) The date of execution; (D) The name of the person or persons authenticating or acknowledging the signature of the grantor or grantors, and their title, if any; (E) A description of the real property, if any, being affected by the writing; and (F) All other information or recitals required by law for the registration of the writing that would otherwise be placed on the writing itself. (2) If an affidavit in the form and with the information as required by this subsection (b) is attached to the writing, the county register shall register the writing notwithstanding that it is illegible or cannot be legibly recorded or reproduced. (c) The county register may refuse to register any writing eligible for registration in accordance with this title if this writing is wholly or substantially written in any language other than English unless the person seeking to register the writing attaches an affidavit in which the affiant gives a complete translation of the writing offered for registration into English. The affidavit shall be recorded with the original writing and the original writing and its attached affidavit shall be treated as one instrument for recording purposes. (d) (1) The county register may register a copy of an electronic document if the writing is otherwise eligible for registration and the electronic document is certified as a true and correct copy of the original as required in subdivision (d)(3). (2) For purposes of this section, an electronic document is defined as one of the following: (A) A writing created or retained as an electronic record in accordance with the Uniform Electronic Transactions Act (UETA), compiled in title 47, chapter 10, or the Uniform Real Property Electronic Recording Act (URPERA), compiled in part 2 of this chapter, as codified in this state or a substantially similar law of another state as defined in the URPERA, and transmitted to the county register electronically, or a paper copy of such an electronic record; or (B) A writing that is a digitized image of a paper document (electronic copy) that is transmitted to the county register electronically. (3) An electronic document must be certified by either a licensed attorney or the custodian of the original version of the electronic document and the signature of that person must be acknowledged by a notary public. The certification must be transmitted with the electronic document and recorded by the county register as a part of the document being registered. The certification of an electronic document must be in the following form and the text of the certification must be in no less than ten (10) point font: I, ___________________, do hereby make oath that I am a licensed attorney and/or the custodian of the original version of the electronic document tendered for registration herewith and that this electronic document is a true and exact copy of the original document executed and authenticated according to law on ____________ (date of document). _______________________ Affiant Signature _______________________ Date State of _______________ County of _______________ Sworn to and subscribed before me this ___ day of ____________, 2____. _____________________ Notary's Signature MY COMMISSION EXPIRES: _____________ Notary's Seal (if on paper) (4) All electronic documents eligible for registration pursuant to this subsection (d) are validly registered when accepted for recording by the county register. Electronic documents registered by county registers prior to July 1, 2021, shall be considered validly registered with or without the certification provided in subdivision (d)(3). (5) No county register shall be required to accept a document transmitted electronically. (e) Unless an instrument is acknowledged or proved, as provided in chapter 22 of this title, or other applicable law: (1) The county register may refuse to register or note the instrument for registration; and (2) If the instrument conveys any interest in real property, including any lien on the property, no purchaser shall be required to accept delivery of the instrument. If, however, an instrument not so acknowledged or proved is otherwise validly registered, the instrument shall be deemed to be validly registered for the purposes of §§ 66-26-102 and 66-26-103 , and in full compliance with all statutory requirements set forth in § 66-22-101 , and all interested parties shall be on constructive notice of the contents of the instrument. (f) Subsection (e) shall apply to all instruments of record on or after June 6, 2005. However, if the relative priorities of conflicting claims to real property were established at a time prior to June 6, 2005, the law applicable to such claims at such time shall determine their priority. Amended by 2021 Tenn. Acts, ch. 181, Secs.s1, s2 eff. 7/1/2021. Amended by 2015 Tenn. Acts, ch. 524, s 2, eff. 1/1/2016. Code 1858, § 2030 (deriv. Acts 1805, ch. 16, § 2; 1805, ch. 72, § 5; 1807, ch. 85, §§ 3, 4; 1831, ch. 90, §§ 1, 8, 11, 13; 1832, ch. 11, § 3; 1833, ch. 92, § 6; 1839-1840, ch. 26, § 1; 1841-1842, ch. 12, § 4; 1843-1844, ch. 187, § 1); Acts 1875, ch. 124, § 1; 1883, ch. 253, § 1; Shan., § 3697; Acts 1919, ch. 128, § 1; 1925, ch. 148, § 1; Shan. Supp., § 3704a8; mod. Code 1932, § 7621; mod. C. Supp. 1950, § 7621; Acts 1981, ch. 405, § 1; T.C.A. (orig. ed.), § 64-2401; Acts 1984, ch. 603, § 1; 1984, ch. 892, § 1; 1989, ch. 213, § 1; 1989, ch. 364, § 5; 1990, ch. 756, § 2; 1995, ch. 162, § 1; 1999, ch. 364, §§ 1, 2; 2001, ch. 48, § 1; 2002, ch. 735, § 13; 2004, ch. 497, § 1; 2004, ch. 576, § 4; 2005, ch. 13, § 1; 2005, ch. 303, § 1; 2007 , ch. 116, § 1; 2007 , ch. 420, § 1.
(a) The following writings may be registered: (1) All agreements and bonds for the conveyance of real or personal estate; (2) All powers of attorney authorizing the sale, transfer, or conveyance of real or personal estate, or for any other purpose, or appointing an agent to transact any business whatever; (3) All revocations of powers of attorney; (4) All deeds for absolute conveyance of any lands, tenements or hereditaments, or any estate therein; (5) All instruments of writing for the absolute conveyance of personal property; (6) Copies of deeds of conveyance, with certificate of probate, of lands being in different counties in this state, certified by the register of the county where same has been first registered; (7) Deeds of gifts of any estate, real or personal; (8) All mortgages and deeds of trust of either real or personal property; (9) The acknowledgment of satisfaction and discharge of mortgage, trust, and other liens, by an entry in the margin of the record thereof; (10) All marriage settlements, contracts, or agreements; (11) Deeds and mesne conveyances for the settlement of property, real or personal, in consideration of marriage; (12) All other deeds of every description; (13) Transfers or assignments of plats and certificates of survey or locations of land; (14) All instruments in writing transferring or conveying any right of improvement, occupancy or preemption; (15) Leases for more than three (3) years from the time of making the same, or a summary or abstract of such leases; (16) Wills devising lands in Tennessee, or certified copies thereof, duly admitted to probate in Tennessee or in other states, together with certified copies of related probate orders; (17) Memoranda of judgments, attachments, orders, injunctions, and other writs affecting title, use or possession of real estate; (18) Certified copies of decrees divesting the title of land out of one (1) person and vesting it in another; (19) Memoranda of judgments or decrees, stating the court, date of judgment, names of parties, and amount of judgment, to bind equitable interests in land or personalty; (20) Discharges of soldiers, sailors, marines, and naval and army officers of the United States. County registers are required, upon application of lawful holders thereof, to register such discharges without charge to the person named in the discharge, or to the holder of such discharge. Certified copies of such registered discharges issued by the register shall be legal evidence of such discharge; (21) Certified copies of the petition in bankruptcy, with schedules omitted, of the decree of adjudication and of the order of court approving the bond of the trustee, in any bankruptcy proceeding in any court of bankruptcy of the United States; (22) Receipts evidencing the payment of Tennessee inheritance taxes issued by the commissioner of revenue or the commissioner's authorized representative and nontaxable certificates evidencing that a sworn return for inheritance tax has been filed with the department of revenue by a duly qualified representative of the estate showing that it has been ascertained that the estate was not subject to tax, such nontaxable certificate having been issued by the commissioner or the commissioner's authorized representative; (23) All instruments granting, transferring, pledging or assigning an interest in leases or rents arising from real property; (24) All trust agreements or a summary or abstract of such agreements; (25) All instruments required to be filed pursuant to § 66-19-301 ; (26) (A) Any instrument that provides for any party to agree to take any action regarding any interest in real property, or not to take such action regarding any interest in real property, including, but not limited to, any agreement to or negative agreement to mortgage, pledge, assign, hypothecate, alienate, subdivide, encumber, sell, transfer, or otherwise affect the real property or any part thereof; (B) All agreements described in subdivision (a)(26)(A) that are of record as of June 14, 1999, shall be deemed validly recorded and do not need to be re-recorded to have the benefit of subdivision (a)(26)(A) and shall further be deemed to have been validly recorded upon their initial registration; (27) Affidavits of scrivener's error and other affidavits in furtherance of identification and title to land. The affiant in the case of any affidavit of scrivener's error may attach a document, including a document previously recorded with corrections made by the affiant, with the affidavit; and (28) Reports of sale and notices reflecting tax sale results filed pursuant to any lawsuit for the sale of property for delinquent taxes.
(1) All agreements and bonds for the conveyance of real or personal estate;
(2) All powers of attorney authorizing the sale, transfer, or conveyance of real or personal estate, or for any other purpose, or appointing an agent to transact any business whatever;
(3) All revocations of powers of attorney;
(4) All deeds for absolute conveyance of any lands, tenements or hereditaments, or any estate therein;
(5) All instruments of writing for the absolute conveyance of personal property;
(6) Copies of deeds of conveyance, with certificate of probate, of lands being in different counties in this state, certified by the register of the county where same has been first registered;
(7) Deeds of gifts of any estate, real or personal;
(8) All mortgages and deeds of trust of either real or personal property;
(9) The acknowledgment of satisfaction and discharge of mortgage, trust, and other liens, by an entry in the margin of the record thereof;
(10) All marriage settlements, contracts, or agreements;
(11) Deeds and mesne conveyances for the settlement of property, real or personal, in consideration of marriage;
(12) All other deeds of every description;
(13) Transfers or assignments of plats and certificates of survey or locations of land;
(14) All instruments in writing transferring or conveying any right of improvement, occupancy or preemption;
(15) Leases for more than three (3) years from the time of making the same, or a summary or abstract of such leases;
(16) Wills devising lands in Tennessee, or certified copies thereof, duly admitted to probate in Tennessee or in other states, together with certified copies of related probate orders;
(17) Memoranda of judgments, attachments, orders, injunctions, and other writs affecting title, use or possession of real estate;
(18) Certified copies of decrees divesting the title of land out of one (1) person and vesting it in another;
(19) Memoranda of judgments or decrees, stating the court, date of judgment, names of parties, and amount of judgment, to bind equitable interests in land or personalty;
(20) Discharges of soldiers, sailors, marines, and naval and army officers of the United States. County registers are required, upon application of lawful holders thereof, to register such discharges without charge to the person named in the discharge, or to the holder of such discharge. Certified copies of such registered discharges issued by the register shall be legal evidence of such discharge;
(21) Certified copies of the petition in bankruptcy, with schedules omitted, of the decree of adjudication and of the order of court approving the bond of the trustee, in any bankruptcy proceeding in any court of bankruptcy of the United States;
(22) Receipts evidencing the payment of Tennessee inheritance taxes issued by the commissioner of revenue or the commissioner's authorized representative and nontaxable certificates evidencing that a sworn return for inheritance tax has been filed with the department of revenue by a duly qualified representative of the estate showing that it has been ascertained that the estate was not subject to tax, such nontaxable certificate having been issued by the commissioner or the commissioner's authorized representative;
(23) All instruments granting, transferring, pledging or assigning an interest in leases or rents arising from real property;
(24) All trust agreements or a summary or abstract of such agreements;
(25) All instruments required to be filed pursuant to § 66-19-301 ;
(26) (A) Any instrument that provides for any party to agree to take any action regarding any interest in real property, or not to take such action regarding any interest in real property, including, but not limited to, any agreement to or negative agreement to mortgage, pledge, assign, hypothecate, alienate, subdivide, encumber, sell, transfer, or otherwise affect the real property or any part thereof; (B) All agreements described in subdivision (a)(26)(A) that are of record as of June 14, 1999, shall be deemed validly recorded and do not need to be re-recorded to have the benefit of subdivision (a)(26)(A) and shall further be deemed to have been validly recorded upon their initial registration;
(A) Any instrument that provides for any party to agree to take any action regarding any interest in real property, or not to take such action regarding any interest in real property, including, but not limited to, any agreement to or negative agreement to mortgage, pledge, assign, hypothecate, alienate, subdivide, encumber, sell, transfer, or otherwise affect the real property or any part thereof;
(B) All agreements described in subdivision (a)(26)(A) that are of record as of June 14, 1999, shall be deemed validly recorded and do not need to be re-recorded to have the benefit of subdivision (a)(26)(A) and shall further be deemed to have been validly recorded upon their initial registration;
(27) Affidavits of scrivener's error and other affidavits in furtherance of identification and title to land. The affiant in the case of any affidavit of scrivener's error may attach a document, including a document previously recorded with corrections made by the affiant, with the affidavit; and
(28) Reports of sale and notices reflecting tax sale results filed pursuant to any lawsuit for the sale of property for delinquent taxes.
(b) (1) The county register may refuse to register any writing eligible for registration in accordance with this title, if such writing, in the opinion of the county register, is illegible or cannot be legibly recorded or reproduced unless the person seeking to register the writing attaches to it for recording an affidavit stating that such writing is the best available original and sets forth the following facts regarding the writing: (A) The type of document or instrument; (B) The grantor or grantors and grantee or grantees; (C) The date of execution; (D) The name of the person or persons authenticating or acknowledging the signature of the grantor or grantors, and their title, if any; (E) A description of the real property, if any, being affected by the writing; and (F) All other information or recitals required by law for the registration of the writing that would otherwise be placed on the writing itself. (2) If an affidavit in the form and with the information as required by this subsection (b) is attached to the writing, the county register shall register the writing notwithstanding that it is illegible or cannot be legibly recorded or reproduced.
(1) The county register may refuse to register any writing eligible for registration in accordance with this title, if such writing, in the opinion of the county register, is illegible or cannot be legibly recorded or reproduced unless the person seeking to register the writing attaches to it for recording an affidavit stating that such writing is the best available original and sets forth the following facts regarding the writing: (A) The type of document or instrument; (B) The grantor or grantors and grantee or grantees; (C) The date of execution; (D) The name of the person or persons authenticating or acknowledging the signature of the grantor or grantors, and their title, if any; (E) A description of the real property, if any, being affected by the writing; and (F) All other information or recitals required by law for the registration of the writing that would otherwise be placed on the writing itself.
(A) The type of document or instrument;
(B) The grantor or grantors and grantee or grantees;
(C) The date of execution;
(D) The name of the person or persons authenticating or acknowledging the signature of the grantor or grantors, and their title, if any;
(E) A description of the real property, if any, being affected by the writing; and
(F) All other information or recitals required by law for the registration of the writing that would otherwise be placed on the writing itself.
(2) If an affidavit in the form and with the information as required by this subsection (b) is attached to the writing, the county register shall register the writing notwithstanding that it is illegible or cannot be legibly recorded or reproduced.
(c) The county register may refuse to register any writing eligible for registration in accordance with this title if this writing is wholly or substantially written in any language other than English unless the person seeking to register the writing attaches an affidavit in which the affiant gives a complete translation of the writing offered for registration into English. The affidavit shall be recorded with the original writing and the original writing and its attached affidavit shall be treated as one instrument for recording purposes.
(d) (1) The county register may register a copy of an electronic document if the writing is otherwise eligible for registration and the electronic document is certified as a true and correct copy of the original as required in subdivision (d)(3). (2) For purposes of this section, an electronic document is defined as one of the following: (A) A writing created or retained as an electronic record in accordance with the Uniform Electronic Transactions Act (UETA), compiled in title 47, chapter 10, or the Uniform Real Property Electronic Recording Act (URPERA), compiled in part 2 of this chapter, as codified in this state or a substantially similar law of another state as defined in the URPERA, and transmitted to the county register electronically, or a paper copy of such an electronic record; or (B) A writing that is a digitized image of a paper document (electronic copy) that is transmitted to the county register electronically. (3) An electronic document must be certified by either a licensed attorney or the custodian of the original version of the electronic document and the signature of that person must be acknowledged by a notary public. The certification must be transmitted with the electronic document and recorded by the county register as a part of the document being registered. The certification of an electronic document must be in the following form and the text of the certification must be in no less than ten (10) point font: I, ___________________, do hereby make oath that I am a licensed attorney and/or the custodian of the original version of the electronic document tendered for registration herewith and that this electronic document is a true and exact copy of the original document executed and authenticated according to law on ____________ (date of document). _______________________ Affiant Signature _______________________ Date State of _______________ County of _______________ Sworn to and subscribed before me this ___ day of ____________, 2____. _____________________ Notary's Signature MY COMMISSION EXPIRES: _____________ Notary's Seal (if on paper) (4) All electronic documents eligible for registration pursuant to this subsection (d) are validly registered when accepted for recording by the county register. Electronic documents registered by county registers prior to July 1, 2021, shall be considered validly registered with or without the certification provided in subdivision (d)(3). (5) No county register shall be required to accept a document transmitted electronically.
(1) The county register may register a copy of an electronic document if the writing is otherwise eligible for registration and the electronic document is certified as a true and correct copy of the original as required in subdivision (d)(3).
(2) For purposes of this section, an electronic document is defined as one of the following: (A) A writing created or retained as an electronic record in accordance with the Uniform Electronic Transactions Act (UETA), compiled in title 47, chapter 10, or the Uniform Real Property Electronic Recording Act (URPERA), compiled in part 2 of this chapter, as codified in this state or a substantially similar law of another state as defined in the URPERA, and transmitted to the county register electronically, or a paper copy of such an electronic record; or (B) A writing that is a digitized image of a paper document (electronic copy) that is transmitted to the county register electronically.
(A) A writing created or retained as an electronic record in accordance with the Uniform Electronic Transactions Act (UETA), compiled in title 47, chapter 10, or the Uniform Real Property Electronic Recording Act (URPERA), compiled in part 2 of this chapter, as codified in this state or a substantially similar law of another state as defined in the URPERA, and transmitted to the county register electronically, or a paper copy of such an electronic record; or
(B) A writing that is a digitized image of a paper document (electronic copy) that is transmitted to the county register electronically.
(3) An electronic document must be certified by either a licensed attorney or the custodian of the original version of the electronic document and the signature of that person must be acknowledged by a notary public. The certification must be transmitted with the electronic document and recorded by the county register as a part of the document being registered. The certification of an electronic document must be in the following form and the text of the certification must be in no less than ten (10) point font: I, ___________________, do hereby make oath that I am a licensed attorney and/or the custodian of the original version of the electronic document tendered for registration herewith and that this electronic document is a true and exact copy of the original document executed and authenticated according to law on ____________ (date of document). _______________________ Affiant Signature _______________________ Date State of _______________ County of _______________ Sworn to and subscribed before me this ___ day of ____________, 2____. _____________________ Notary's Signature MY COMMISSION EXPIRES: _____________ Notary's Seal (if on paper)
I, ___________________, do hereby make oath that I am a licensed attorney and/or the custodian of the original version of the electronic document tendered for registration herewith and that this electronic document is a true and exact copy of the original document executed and authenticated according to law on ____________ (date of document).
_______________________
Affiant Signature
_______________________
Date
State of _______________
County of _______________
Sworn to and subscribed before me this ___ day of ____________, 2____.
_____________________
Notary's Signature
MY COMMISSION EXPIRES: _____________
Notary's Seal (if on paper)
(4) All electronic documents eligible for registration pursuant to this subsection (d) are validly registered when accepted for recording by the county register. Electronic documents registered by county registers prior to July 1, 2021, shall be considered validly registered with or without the certification provided in subdivision (d)(3).
(5) No county register shall be required to accept a document transmitted electronically.
(e) Unless an instrument is acknowledged or proved, as provided in chapter 22 of this title, or other applicable law: (1) The county register may refuse to register or note the instrument for registration; and (2) If the instrument conveys any interest in real property, including any lien on the property, no purchaser shall be required to accept delivery of the instrument. If, however, an instrument not so acknowledged or proved is otherwise validly registered, the instrument shall be deemed to be validly registered for the purposes of §§ 66-26-102 and 66-26-103 , and in full compliance with all statutory requirements set forth in § 66-22-101 , and all interested parties shall be on constructive notice of the contents of the instrument.
(1) The county register may refuse to register or note the instrument for registration; and
(2) If the instrument conveys any interest in real property, including any lien on the property, no purchaser shall be required to accept delivery of the instrument. If, however, an instrument not so acknowledged or proved is otherwise validly registered, the instrument shall be deemed to be validly registered for the purposes of §§ 66-26-102 and 66-26-103 , and in full compliance with all statutory requirements set forth in § 66-22-101 , and all interested parties shall be on constructive notice of the contents of the instrument.
(f) Subsection (e) shall apply to all instruments of record on or after June 6, 2005. However, if the relative priorities of conflicting claims to real property were established at a time prior to June 6, 2005, the law applicable to such claims at such time shall determine their priority.
Amended by 2021 Tenn. Acts, ch. 181, Secs.s1, s2 eff. 7/1/2021.
Amended by 2015 Tenn. Acts, ch. 524, s 2, eff. 1/1/2016.
Code 1858, § 2030 (deriv. Acts 1805, ch. 16, § 2; 1805, ch. 72, § 5; 1807, ch. 85, §§ 3, 4; 1831, ch. 90, §§ 1, 8, 11, 13; 1832, ch. 11, § 3; 1833, ch. 92, § 6; 1839-1840, ch. 26, § 1; 1841-1842, ch. 12, § 4; 1843-1844, ch. 187, § 1); Acts 1875, ch. 124, § 1; 1883, ch. 253, § 1; Shan., § 3697; Acts 1919, ch. 128, § 1; 1925, ch. 148, § 1; Shan. Supp., § 3704a8; mod. Code 1932, § 7621; mod. C. Supp. 1950, § 7621; Acts 1981, ch. 405, § 1; T.C.A. (orig. ed.), § 64-2401; Acts 1984, ch. 603, § 1; 1984, ch. 892, § 1; 1989, ch. 213, § 1; 1989, ch. 364, § 5; 1990, ch. 756, § 2; 1995, ch. 162, § 1; 1999, ch. 364, §§ 1, 2; 2001, ch. 48, § 1; 2002, ch. 735, § 13; 2004, ch. 497, § 1; 2004, ch. 576, § 4; 2005, ch. 13, § 1; 2005, ch. 303, § 1; 2007 , ch. 116, § 1; 2007 , ch. 420, § 1.
Tenn. Code Ann. § 66-32-114 — TN Code / Title 66 / Chapter 32 / Section 66-32-114
Mutual rights of cancellation
Status: in_force

(a) Before transfer of a time-share interval and no later than the date of any sales contract, the developer shall provide the intended transferee with a copy of the public offering statement and any amendments and supplements thereto. The contract is voidable by the purchaser until the purchaser has received the public offering statement. The contract is also voidable by the purchaser for ten (10) days from the date of the signing of the contract by the purchaser if the purchaser shall have made an on-site inspection of the time-share project or any component site prior to the signing of the contract, and if the purchaser did not make an on-site inspection of the time-share project or any component site prior to signing the contract, for fifteen (15) days thereafter. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded within thirty (30) days after receipt of the notice of cancellation as provided in subsection (c). (b) During the applicable rescission period, the developer may cancel the contract of purchase without penalty to either party. The developer shall return all payments due, the purchaser shall return all material received in good condition, reasonable wear and tear excepted. If such materials are not returned, the developer may deduct the cost of the same and return the balance to the purchaser. (c) If either party elects to cancel a contract pursuant to subsection (a) or (b), then that party may do so by: (1) Hand delivering notice of cancellation to the other party within the designated period for voiding the contract; (2) Mailing notice of cancellation by prepaid United States mail, postmarked anytime within the designated period for voiding the contract, to the other party or to the other party's agent for service of process; or (3) Sending notice of cancellation via electronic mail, time stamped within the designated period for voiding the contract to the other party. (d) The purchaser and the developer shall not waive the rescission rights set forth in subsections (a) and (b). Amended by 2022 Tenn. Acts, ch. 835, s 1, eff. 1/1/2023. Amended by 2019 Tenn. Acts, ch. 147, s 1, eff. 4/17/2019. Acts 1981, ch. 372, § 15; T.C.A., § 64-3215; Acts 1983, ch. 210, § 5.
(a) Before transfer of a time-share interval and no later than the date of any sales contract, the developer shall provide the intended transferee with a copy of the public offering statement and any amendments and supplements thereto. The contract is voidable by the purchaser until the purchaser has received the public offering statement. The contract is also voidable by the purchaser for ten (10) days from the date of the signing of the contract by the purchaser if the purchaser shall have made an on-site inspection of the time-share project or any component site prior to the signing of the contract, and if the purchaser did not make an on-site inspection of the time-share project or any component site prior to signing the contract, for fifteen (15) days thereafter. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded within thirty (30) days after receipt of the notice of cancellation as provided in subsection (c).
(b) During the applicable rescission period, the developer may cancel the contract of purchase without penalty to either party. The developer shall return all payments due, the purchaser shall return all material received in good condition, reasonable wear and tear excepted. If such materials are not returned, the developer may deduct the cost of the same and return the balance to the purchaser.
(c) If either party elects to cancel a contract pursuant to subsection (a) or (b), then that party may do so by: (1) Hand delivering notice of cancellation to the other party within the designated period for voiding the contract; (2) Mailing notice of cancellation by prepaid United States mail, postmarked anytime within the designated period for voiding the contract, to the other party or to the other party's agent for service of process; or (3) Sending notice of cancellation via electronic mail, time stamped within the designated period for voiding the contract to the other party.
(1) Hand delivering notice of cancellation to the other party within the designated period for voiding the contract;
(2) Mailing notice of cancellation by prepaid United States mail, postmarked anytime within the designated period for voiding the contract, to the other party or to the other party's agent for service of process; or
(3) Sending notice of cancellation via electronic mail, time stamped within the designated period for voiding the contract to the other party.
(d) The purchaser and the developer shall not waive the rescission rights set forth in subsections (a) and (b).
Amended by 2022 Tenn. Acts, ch. 835, s 1, eff. 1/1/2023.
Amended by 2019 Tenn. Acts, ch. 147, s 1, eff. 4/17/2019.
Acts 1981, ch. 372, § 15; T.C.A., § 64-3215; Acts 1983, ch. 210, § 5.
Tenn. Code Ann. § 66-29-178 — TN Code / Title 66 / Chapter 29 / Section 66-29-178
Disclosure and use of confidential information
Status: in_force

(a) Information that is confidential under any law of this state other than this part, another state, or the United States, including personally identifying information, as that term is defined in § 10-7-504(a)(29)(C) , and personal information, as that term is defined in § 47-18-2107 , continues to be confidential when disclosed or delivered under this part to the treasurer or the treasurer's agent; provided, that information that would otherwise be confidential, if for good cause and reasonably necessary for the enforcement or implementation of this part, may be disclosed by the treasurer or the treasurer's agent to: (1) An apparent owner or the apparent owner's personal representative or attorney, next of kin, or agent designated under § 66-29-177 ; (2) A deceased apparent owner's personal representative or attorney, next of kin, agent designated under § 66-29-177 , or heir; (3) Another department or agency of this state or the United States; (4) The person who administers the unclaimed property law of another state, if the state accords substantially reciprocal privileges to the treasurer and the state agrees to maintain the confidentiality and security of the information in the same manner as the treasurer; and (5) A person who is the subject of an examination in an administrative or judicial proceeding relating to the property. (b) The treasurer and the treasurer's agent shall not use confidential information provided to them or in their possession for any purpose except as expressly authorized by this part or required by any other law of this state. (c) Except as otherwise provided in subsection (a), the treasurer shall include on a website or in a database as required by § 66-29-130(b)(4) the name of each apparent owner of property held by the treasurer. The treasurer may include on the website or in the database additional information concerning the apparent owner's property if the treasurer believes the information will assist in facilitating identification and return of the property to the owner, and the treasurer does not disclose personally identifying information other than the home or physical address of an apparent owner. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) Information that is confidential under any law of this state other than this part, another state, or the United States, including personally identifying information, as that term is defined in § 10-7-504(a)(29)(C) , and personal information, as that term is defined in § 47-18-2107 , continues to be confidential when disclosed or delivered under this part to the treasurer or the treasurer's agent; provided, that information that would otherwise be confidential, if for good cause and reasonably necessary for the enforcement or implementation of this part, may be disclosed by the treasurer or the treasurer's agent to: (1) An apparent owner or the apparent owner's personal representative or attorney, next of kin, or agent designated under § 66-29-177 ; (2) A deceased apparent owner's personal representative or attorney, next of kin, agent designated under § 66-29-177 , or heir; (3) Another department or agency of this state or the United States; (4) The person who administers the unclaimed property law of another state, if the state accords substantially reciprocal privileges to the treasurer and the state agrees to maintain the confidentiality and security of the information in the same manner as the treasurer; and (5) A person who is the subject of an examination in an administrative or judicial proceeding relating to the property.
(1) An apparent owner or the apparent owner's personal representative or attorney, next of kin, or agent designated under § 66-29-177 ;
(2) A deceased apparent owner's personal representative or attorney, next of kin, agent designated under § 66-29-177 , or heir;
(3) Another department or agency of this state or the United States;
(4) The person who administers the unclaimed property law of another state, if the state accords substantially reciprocal privileges to the treasurer and the state agrees to maintain the confidentiality and security of the information in the same manner as the treasurer; and
(5) A person who is the subject of an examination in an administrative or judicial proceeding relating to the property.
(b) The treasurer and the treasurer's agent shall not use confidential information provided to them or in their possession for any purpose except as expressly authorized by this part or required by any other law of this state.
(c) Except as otherwise provided in subsection (a), the treasurer shall include on a website or in a database as required by § 66-29-130(b)(4) the name of each apparent owner of property held by the treasurer. The treasurer may include on the website or in the database additional information concerning the apparent owner's property if the treasurer believes the information will assist in facilitating identification and return of the property to the owner, and the treasurer does not disclose personally identifying information other than the home or physical address of an apparent owner.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-31-104 — TN Code / Title 66 / Chapter 31 / Section 66-31-104
Owner's lien on stored property
Status: in_force

(a) The owner of a self-service storage facility and the owner's heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this chapter. The lien provided for in this section is superior to any other lien or security interest, except those which are perfected and recorded in the state in the name of the occupant during the term of the rental agreement and except any tax lien as otherwise provided by law. The lien attaches when personal property is placed in the leased space. (b) The rental agreement shall contain a statement in bold type notifying the occupant of the existence of the lien and the method of its enforcement. The rental agreement shall also include the late fee, if any, and when it may be imposed. If the rental agreement contains a limit on the value of property stored in the occupant's storage space, the limit shall be deemed to be the maximum value of the property stored in that space. (c) The owner may also impose a reasonable late fee on the occupant for each month the occupant does not pay rent when due. For purposes of this section, a reasonable late fee is not more than the greater of twenty dollars ($20.00) a month or twenty percent (20%) of monthly rent. Any late fee imposed by the owner pursuant to this section is in addition to any other remedy provided by law or contract. (d) The owner shall provide adequate notice to the occupant before a late fee is imposed. Adequate notice is provided if the rental agreement complies with subsection (b) or if a notice is sent to the occupant at the last known address and notifies the occupant that a late fee may be charged for any month in which the occupant does not pay rent when due. Acts 1980, ch. 717, § 4; T.C.A., §64-3104; Acts 2011 , ch. 131, §§ 7, 8.
(a) The owner of a self-service storage facility and the owner's heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this chapter. The lien provided for in this section is superior to any other lien or security interest, except those which are perfected and recorded in the state in the name of the occupant during the term of the rental agreement and except any tax lien as otherwise provided by law. The lien attaches when personal property is placed in the leased space.
(b) The rental agreement shall contain a statement in bold type notifying the occupant of the existence of the lien and the method of its enforcement. The rental agreement shall also include the late fee, if any, and when it may be imposed. If the rental agreement contains a limit on the value of property stored in the occupant's storage space, the limit shall be deemed to be the maximum value of the property stored in that space.
(c) The owner may also impose a reasonable late fee on the occupant for each month the occupant does not pay rent when due. For purposes of this section, a reasonable late fee is not more than the greater of twenty dollars ($20.00) a month or twenty percent (20%) of monthly rent. Any late fee imposed by the owner pursuant to this section is in addition to any other remedy provided by law or contract.
(d) The owner shall provide adequate notice to the occupant before a late fee is imposed. Adequate notice is provided if the rental agreement complies with subsection (b) or if a notice is sent to the occupant at the last known address and notifies the occupant that a late fee may be charged for any month in which the occupant does not pay rent when due.
Acts 1980, ch. 717, § 4; T.C.A., §64-3104; Acts 2011 , ch. 131, §§ 7, 8.
Tenn. Code Ann. § 66-29-150 — TN Code / Title 66 / Chapter 29 / Section 66-29-150
Superior claim of another state
Status: in_force

(a) If the treasurer knows that property held by the treasurer under this part is subject to a superior claim of another state, the treasurer shall: (1) Report, and pay or deliver, the property to the other state; or (2) Return the property to the holder so that the holder may pay or deliver the property to the other state. (b) The treasurer is not required to enter into a formal agreement to transfer the property to another state under subsection (a). Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) If the treasurer knows that property held by the treasurer under this part is subject to a superior claim of another state, the treasurer shall: (1) Report, and pay or deliver, the property to the other state; or (2) Return the property to the holder so that the holder may pay or deliver the property to the other state.
(1) Report, and pay or deliver, the property to the other state; or
(2) Return the property to the holder so that the holder may pay or deliver the property to the other state.
(b) The treasurer is not required to enter into a formal agreement to transfer the property to another state under subsection (a).
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-34-702 — TN Code / Title 66 / Chapter 34 / Section 66-34-702
Construction or home improvement contracts
Status: in_force

This chapter shall not apply to contracts for the construction of, or home improvement to, any land or building, or that portion thereof which is used or designed to be used as a residence or dwelling place for one (1), two (2), three (3) or four (4) single family units. Acts 1991, ch. 45, § 1.
This chapter shall not apply to contracts for the construction of, or home improvement to, any land or building, or that portion thereof which is used or designed to be used as a residence or dwelling place for one (1), two (2), three (3) or four (4) single family units.
Acts 1991, ch. 45, § 1.
Tenn. Code Ann. § 66-15-101 — TN Code / Title 66 / Chapter 15 / Section 66-15-101
Cotton ginners' lien
Status: in_force

(a) The charges and tolls of ginners are secured by a lien on all cotton ginned and baled by them, covering all ginning and baling charges. (b) The lien created by subsection (a) is second only to the landlord and furnishers liens. (c) The lien shall continue for six (6) months after such tolls and charges become due and payable, and until the termination of any and all litigation pertaining thereto, commenced before the expiration of the six (6) months. Acts 1921, ch. 142, §§ 1-3; Shan. Supp., §§3558a1-3558a3; mod. Code 1932, §§ 7981-7983; T.C.A. (orig. ed.), §§ 64-1501 -- 64-1503.
(a) The charges and tolls of ginners are secured by a lien on all cotton ginned and baled by them, covering all ginning and baling charges.
(b) The lien created by subsection (a) is second only to the landlord and furnishers liens.
(c) The lien shall continue for six (6) months after such tolls and charges become due and payable, and until the termination of any and all litigation pertaining thereto, commenced before the expiration of the six (6) months.
Acts 1921, ch. 142, §§ 1-3; Shan. Supp., §§3558a1-3558a3; mod. Code 1932, §§ 7981-7983; T.C.A. (orig. ed.), §§ 64-1501 -- 64-1503.
Tenn. Code Ann. § 66-29-105 — TN Code / Title 66 / Chapter 29 / Section 66-29-105
Presumption of abandonment of various types of property
Status: in_force

(a) Except as otherwise provided in § 66-29-113 , property is presumed abandoned if it is unclaimed by the apparent owner at the time specified for the following property: (1) A traveler's check, fifteen (15) years after issuance; (2) A money order, seven (7) years after issuance; (3) A state or municipal bond, a bearer bond, or an original-issue-discount bond, three (3) years after the earlier of the date the bond matures or the date the bond is called or the obligation to pay the principal of the bond arises; (4) A debt of a business association, three (3) years after the obligation to pay arises; (5) A payroll card or demand, savings, or a time deposit, including a deposit that is automatically renewable, three (3) years after the earlier of maturity or the date of the last indication of interest in the property by the apparent owner; provided, that a deposit that is automatically renewable is deemed matured on its initial date of maturity unless the apparent owner consented in a record on file with the holder to a renewal at or about the time of the renewal; (6) Money or credits owed to a customer as a result of a retail business transaction, other than in-store credit for returned merchandise, three (3) years after the obligation arose; (7) An amount owed by an insurance company on a life or endowment insurance policy or an annuity contract that has matured or terminated, three (3) years after the obligation to pay arose under the terms of the policy or contract or, if a policy or contract for which an amount is owed on proof of death has not matured by proof of death of the insured or annuitant, three (3) years after the earlier of the date: (A) The insurance company has knowledge of the death of the insured or annuitant; or (B) The insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve for the policy or contract is based; (8) Property distributable by a business association in the course of dissolution, one (1) year after the property becomes distributable; (9) Property held by a court, including property received as proceeds of a class action, one (1) year after the property becomes distributable; (10) Property held by a government or governmental subdivision, agency, or instrumentality, including municipal bond interest and unredeemed principal under the administration of a paying agent or indenture trustee, one (1) year after the property becomes distributable; (11) Wages, commissions, bonuses, or reimbursements as to which an employee is entitled, or other compensation for personal services, other than amounts held in a payroll card, one (1) year after the amount becomes payable; (12) A deposit or refund owed to a subscriber by a utility, one (1) year after the deposit or refund becomes payable; (13) Property payable or distributable in the course of the demutualization of an insurance company, three (3) years after the earlier of the date of last contact with the policyholder or the date the property became payable or distributable; and (14) All other property not specified in this section or § 66-29-106 , § 66-29-107 , § 66-29-108 , § 66-29-109 , § 66-29-110 , or § 66-29-111 , the earlier of three (3) years after the owner first has a right to demand the property or the obligation to pay or distribute the property arises. (b) Notwithstanding § 66-29-113 , property whose owner is known to the holder to have died and left no one to take the property by will and no one to take the property by intestate succession, is presumed abandoned without regard to any activity or inactivity within specified abandonment periods. (c) (1) Notwithstanding any provision of this section to the contrary, any outstanding check, draft, credit balance, customer's overpayment, or unidentified remittance issued to a business entity or association as part of a commercial transaction in the ordinary course of a holder's business is not presumed abandoned if the holder and such business entity or association have an ongoing business relationship. An ongoing business relationship is deemed to exist if the holder has engaged in a commercial, business, or professional transaction involving the sale, lease, license, or purchase of goods or services with the business entity or association or a predecessor-in-interest of the business entity or association within the dormancy period immediately following the date of the check, draft, credit balance, customer's overpayment, or unidentified remittance giving rise to the unclaimed property interest. A transaction between the holder and a third-party insurer of another is a commercial transaction which constitutes an ongoing business relationship between the holder and the insurer. (2) As used in this subsection (c): (A) "Dormancy period" means the period during which a holder may hold a property interest before it is presumed to be abandoned; and (B) "Predecessor-in-interest" is a person or entity whose interest in a business entity or association was acquired by its successor-in-interest, whether by purchase of the business ownership interest, purchase of business assets, statutory merger, consolidation, or a successive acquisition by whatever means accomplished. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 4; T.C.A., §§ 64-2904, 66-29-104; Acts 1984, ch. 544, § 2; 1986, ch. 539, § 12; 1993, ch. 195, § 2.
(a) Except as otherwise provided in § 66-29-113 , property is presumed abandoned if it is unclaimed by the apparent owner at the time specified for the following property: (1) A traveler's check, fifteen (15) years after issuance; (2) A money order, seven (7) years after issuance; (3) A state or municipal bond, a bearer bond, or an original-issue-discount bond, three (3) years after the earlier of the date the bond matures or the date the bond is called or the obligation to pay the principal of the bond arises; (4) A debt of a business association, three (3) years after the obligation to pay arises; (5) A payroll card or demand, savings, or a time deposit, including a deposit that is automatically renewable, three (3) years after the earlier of maturity or the date of the last indication of interest in the property by the apparent owner; provided, that a deposit that is automatically renewable is deemed matured on its initial date of maturity unless the apparent owner consented in a record on file with the holder to a renewal at or about the time of the renewal; (6) Money or credits owed to a customer as a result of a retail business transaction, other than in-store credit for returned merchandise, three (3) years after the obligation arose; (7) An amount owed by an insurance company on a life or endowment insurance policy or an annuity contract that has matured or terminated, three (3) years after the obligation to pay arose under the terms of the policy or contract or, if a policy or contract for which an amount is owed on proof of death has not matured by proof of death of the insured or annuitant, three (3) years after the earlier of the date: (A) The insurance company has knowledge of the death of the insured or annuitant; or (B) The insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve for the policy or contract is based; (8) Property distributable by a business association in the course of dissolution, one (1) year after the property becomes distributable; (9) Property held by a court, including property received as proceeds of a class action, one (1) year after the property becomes distributable; (10) Property held by a government or governmental subdivision, agency, or instrumentality, including municipal bond interest and unredeemed principal under the administration of a paying agent or indenture trustee, one (1) year after the property becomes distributable; (11) Wages, commissions, bonuses, or reimbursements as to which an employee is entitled, or other compensation for personal services, other than amounts held in a payroll card, one (1) year after the amount becomes payable; (12) A deposit or refund owed to a subscriber by a utility, one (1) year after the deposit or refund becomes payable; (13) Property payable or distributable in the course of the demutualization of an insurance company, three (3) years after the earlier of the date of last contact with the policyholder or the date the property became payable or distributable; and (14) All other property not specified in this section or § 66-29-106 , § 66-29-107 , § 66-29-108 , § 66-29-109 , § 66-29-110 , or § 66-29-111 , the earlier of three (3) years after the owner first has a right to demand the property or the obligation to pay or distribute the property arises.
(1) A traveler's check, fifteen (15) years after issuance;
(2) A money order, seven (7) years after issuance;
(3) A state or municipal bond, a bearer bond, or an original-issue-discount bond, three (3) years after the earlier of the date the bond matures or the date the bond is called or the obligation to pay the principal of the bond arises;
(4) A debt of a business association, three (3) years after the obligation to pay arises;
(5) A payroll card or demand, savings, or a time deposit, including a deposit that is automatically renewable, three (3) years after the earlier of maturity or the date of the last indication of interest in the property by the apparent owner; provided, that a deposit that is automatically renewable is deemed matured on its initial date of maturity unless the apparent owner consented in a record on file with the holder to a renewal at or about the time of the renewal;
(6) Money or credits owed to a customer as a result of a retail business transaction, other than in-store credit for returned merchandise, three (3) years after the obligation arose;
(7) An amount owed by an insurance company on a life or endowment insurance policy or an annuity contract that has matured or terminated, three (3) years after the obligation to pay arose under the terms of the policy or contract or, if a policy or contract for which an amount is owed on proof of death has not matured by proof of death of the insured or annuitant, three (3) years after the earlier of the date: (A) The insurance company has knowledge of the death of the insured or annuitant; or (B) The insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve for the policy or contract is based;
(A) The insurance company has knowledge of the death of the insured or annuitant; or
(B) The insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve for the policy or contract is based;
(8) Property distributable by a business association in the course of dissolution, one (1) year after the property becomes distributable;
(9) Property held by a court, including property received as proceeds of a class action, one (1) year after the property becomes distributable;
(10) Property held by a government or governmental subdivision, agency, or instrumentality, including municipal bond interest and unredeemed principal under the administration of a paying agent or indenture trustee, one (1) year after the property becomes distributable;
(11) Wages, commissions, bonuses, or reimbursements as to which an employee is entitled, or other compensation for personal services, other than amounts held in a payroll card, one (1) year after the amount becomes payable;
(12) A deposit or refund owed to a subscriber by a utility, one (1) year after the deposit or refund becomes payable;
(13) Property payable or distributable in the course of the demutualization of an insurance company, three (3) years after the earlier of the date of last contact with the policyholder or the date the property became payable or distributable; and
(14) All other property not specified in this section or § 66-29-106 , § 66-29-107 , § 66-29-108 , § 66-29-109 , § 66-29-110 , or § 66-29-111 , the earlier of three (3) years after the owner first has a right to demand the property or the obligation to pay or distribute the property arises.
(b) Notwithstanding § 66-29-113 , property whose owner is known to the holder to have died and left no one to take the property by will and no one to take the property by intestate succession, is presumed abandoned without regard to any activity or inactivity within specified abandonment periods.
(c) (1) Notwithstanding any provision of this section to the contrary, any outstanding check, draft, credit balance, customer's overpayment, or unidentified remittance issued to a business entity or association as part of a commercial transaction in the ordinary course of a holder's business is not presumed abandoned if the holder and such business entity or association have an ongoing business relationship. An ongoing business relationship is deemed to exist if the holder has engaged in a commercial, business, or professional transaction involving the sale, lease, license, or purchase of goods or services with the business entity or association or a predecessor-in-interest of the business entity or association within the dormancy period immediately following the date of the check, draft, credit balance, customer's overpayment, or unidentified remittance giving rise to the unclaimed property interest. A transaction between the holder and a third-party insurer of another is a commercial transaction which constitutes an ongoing business relationship between the holder and the insurer. (2) As used in this subsection (c): (A) "Dormancy period" means the period during which a holder may hold a property interest before it is presumed to be abandoned; and (B) "Predecessor-in-interest" is a person or entity whose interest in a business entity or association was acquired by its successor-in-interest, whether by purchase of the business ownership interest, purchase of business assets, statutory merger, consolidation, or a successive acquisition by whatever means accomplished.
(1) Notwithstanding any provision of this section to the contrary, any outstanding check, draft, credit balance, customer's overpayment, or unidentified remittance issued to a business entity or association as part of a commercial transaction in the ordinary course of a holder's business is not presumed abandoned if the holder and such business entity or association have an ongoing business relationship. An ongoing business relationship is deemed to exist if the holder has engaged in a commercial, business, or professional transaction involving the sale, lease, license, or purchase of goods or services with the business entity or association or a predecessor-in-interest of the business entity or association within the dormancy period immediately following the date of the check, draft, credit balance, customer's overpayment, or unidentified remittance giving rise to the unclaimed property interest. A transaction between the holder and a third-party insurer of another is a commercial transaction which constitutes an ongoing business relationship between the holder and the insurer.
(2) As used in this subsection (c): (A) "Dormancy period" means the period during which a holder may hold a property interest before it is presumed to be abandoned; and (B) "Predecessor-in-interest" is a person or entity whose interest in a business entity or association was acquired by its successor-in-interest, whether by purchase of the business ownership interest, purchase of business assets, statutory merger, consolidation, or a successive acquisition by whatever means accomplished.
(A) "Dormancy period" means the period during which a holder may hold a property interest before it is presumed to be abandoned; and
(B) "Predecessor-in-interest" is a person or entity whose interest in a business entity or association was acquired by its successor-in-interest, whether by purchase of the business ownership interest, purchase of business assets, statutory merger, consolidation, or a successive acquisition by whatever means accomplished.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 4; T.C.A., §§ 64-2904, 66-29-104; Acts 1984, ch. 544, § 2; 1986, ch. 539, § 12; 1993, ch. 195, § 2.
Tenn. Code Ann. § 66-27-412 — TN Code / Title 66 / Chapter 27 / Section 66-27-412
Conveyance or encumbrance of common elements
Status: in_force

(a) Portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at least eighty percent (80%) of the votes in the association, including, during any period of declarant control, eighty percent (80%) of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; and a like percentage vote by the owners of any units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of the association; provided, that proceeds of a sale of a limited common element shall be reserved for the benefit of the unit or units to which the limited common element is allocated. (b) An agreement to convey common elements or subject them to a security interest must be evidenced by the execution of an agreement, or ratifications of the agreement, in the same manner as a deed, by the requisite number of unit owners. The agreement may specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications of the agreement must be recorded in every county in which a portion of the condominium is situated, and is effective only upon recordation. (c) The association, on behalf of the unit owners, may contract to convey common elements, or subject them to a security interest, but the contract is not enforceable against the association until approved pursuant to subsections (a) and (b). Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments. (d) Any purported conveyance, encumbrance, judicial sale or other voluntary transfer of common elements, unless made pursuant to this section, is voidable; provided, that no action challenging the validity of a conveyance or encumbrance made by the association pursuant to this section may be brought more than one (1) year following the conveyance or encumbrance. (e) A conveyance or encumbrance of common elements pursuant to this section does not deprive any unit of its rights of access to and support of the unit and the remaining common elements and essential services. (f) A conveyance or encumbrance of common elements pursuant to this section does not affect the priority or validity of preexisting encumbrances. Acts 2008, ch. 766, § 1.
(a) Portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at least eighty percent (80%) of the votes in the association, including, during any period of declarant control, eighty percent (80%) of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; and a like percentage vote by the owners of any units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of the association; provided, that proceeds of a sale of a limited common element shall be reserved for the benefit of the unit or units to which the limited common element is allocated.
(b) An agreement to convey common elements or subject them to a security interest must be evidenced by the execution of an agreement, or ratifications of the agreement, in the same manner as a deed, by the requisite number of unit owners. The agreement may specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications of the agreement must be recorded in every county in which a portion of the condominium is situated, and is effective only upon recordation.
(c) The association, on behalf of the unit owners, may contract to convey common elements, or subject them to a security interest, but the contract is not enforceable against the association until approved pursuant to subsections (a) and (b). Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.
(d) Any purported conveyance, encumbrance, judicial sale or other voluntary transfer of common elements, unless made pursuant to this section, is voidable; provided, that no action challenging the validity of a conveyance or encumbrance made by the association pursuant to this section may be brought more than one (1) year following the conveyance or encumbrance.
(e) A conveyance or encumbrance of common elements pursuant to this section does not deprive any unit of its rights of access to and support of the unit and the remaining common elements and essential services.
(f) A conveyance or encumbrance of common elements pursuant to this section does not affect the priority or validity of preexisting encumbrances.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-24-109 — TN Code / Title 66 / Chapter 24 / Section 66-24-109
Fees for reregistration or rerecording
Status: in_force

The register registering or recording such deeds or other instruments in writing heretofore recorded shall be entitled to demand and receive for such register's services compensation in accordance with the schedule set forth in § 8-21-1001 ; provided, that nothing in this section shall be construed as authorizing or requiring the payment or collection of any additional transfer or other tax as a condition of such reregistration or rerecording. Acts 1895, ch. 24, § 2; Shan., § 3700; mod. Code 1932, § 7624; modified; T.C.A. (orig. ed.), § 64-2409; Acts 1983, ch. 475, § 1.
The register registering or recording such deeds or other instruments in writing heretofore recorded shall be entitled to demand and receive for such register's services compensation in accordance with the schedule set forth in § 8-21-1001 ; provided, that nothing in this section shall be construed as authorizing or requiring the payment or collection of any additional transfer or other tax as a condition of such reregistration or rerecording.
Acts 1895, ch. 24, § 2; Shan., § 3700; mod. Code 1932, § 7624; modified; T.C.A. (orig. ed.), § 64-2409; Acts 1983, ch. 475, § 1.
Tenn. Code Ann. § 66-28-517 — TN Code / Title 66 / Chapter 28 / Section 66-28-517
Termination by landlord for violence or threats to health, safety, or welfare of persons or property - Unauthorized subtenant or occupant
Status: in_force

(a) A landlord may terminate a rental agreement within three (3) days from the date written notice is received by the tenant if the tenant or any other person on the premises with the tenant's consent: (1) Willfully or intentionally commits a violent act; (2) Behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other tenants or persons on the premises; (3) Creates a hazardous or unsanitary condition on the property that affects the health, safety or welfare or the life or property of other tenants or persons on the premises; or (4) Refuses to vacate the premises after entering the premises as an unauthorized subtenant or other unauthorized occupant. (b) The notice required by this section shall specifically detail the violation which has been committed and shall be effective only from the date of receipt of the notice by the tenant. (c) Upon receipt of such written notice, the tenant shall be entitled to immediate access to any court of competent jurisdiction for the purpose of obtaining a temporary or permanent injunction against such termination by the landlord. (d) Nothing in this section shall be construed to allow a landlord to recover or take possession of the dwelling unit by action or otherwise including willful diminution of services to the tenant by interrupting or causing interruption of electric, gas or other essential service to the tenant except in the case of abandonment or surrender. (e) If the landlord's action in terminating the lease under this provision is willful and not in good faith, the tenant may in addition recover actual damages sustained by the tenant plus reasonable attorney's fees. (f) The failure to bring an action for or to obtain an injunction may not be used as evidence in any action to recover possession of the dwelling unit. (g) (1) If domestic abuse, as defined in § 36-3-601 , is the underlying offense for which a tenancy is terminated, only the perpetrator may be evicted. The landlord shall not evict the victims, minor children under eighteen (18) years of age, or innocent occupants, any of whom occupy the subject premises under a lease agreement, based solely on the domestic abuse. Even if evicted or removed from the lease, the perpetrator shall remain financially liable for all amounts due under all terms and conditions of the present lease agreement. (2) If a lease agreement is in effect at the time that the domestic abuse is committed, the landlord may remove the perpetrator from the lease agreement and require the remaining adult tenants to qualify for and enter into a new agreement for the remainder of the present lease term. The landlord shall not be responsible for any and all damages suffered by the perpetrator due to the bifurcation and termination of the lease agreement in accordance with this section. (3) If domestic abuse, as defined in § 36-3-601 , is the underlying offense for which tenancy could be terminated, the victim and all adult tenants shall agree, in writing, not to allow the perpetrator to return to the subject premises or any part of the community property, and to immediately report the perpetrator's return to the proper authority, for the remainder of the tenancy. A violation of such agreement shall be cause to terminate tenancy as to any victim and all other tenants. (4) The rights under this section shall not apply until the victim has been judicially granted an order of protection against the perpetrator for the specific incident for which tenancy is being terminated, a copy of such order has been provided to the landlord, and the order: (A) Provides for the perpetrator to move out or vacate immediately; (B) Prohibits the perpetrator from coming by or to a shared residence; (C) Requires that the perpetrator stay away from the victim's residence; or (D) Finds that the perpetrator's continuing to reside in the rented or leased premises may jeopardize the life, health, and safety of the victim or the victim's minor children. (5) Failure to comply with this section, or dismissal of an order of protection that allows application of this section, abrogates the rights provided to the victim, minor children, and innocent occupants under this section. (6) The rights granted in this section shall not apply in any situation where the perpetrator is a child or dependent of any tenant. (7) Nothing in this section shall prohibit the eviction of a victim of domestic abuse for nonpayment of rent, a lease violation, or any violation of this chapter. Amended by 2020 Tenn. Acts, ch. 528, s 1, eff. 7/1/2020. Amended by 2016 Tenn. Acts, ch. 895, s 1, eff. 7/1/2016. Acts 1983, ch. 271, § 1; 2011 , ch. 272, § 13; 2012 , ch. 887, § 2.
(a) A landlord may terminate a rental agreement within three (3) days from the date written notice is received by the tenant if the tenant or any other person on the premises with the tenant's consent: (1) Willfully or intentionally commits a violent act; (2) Behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other tenants or persons on the premises; (3) Creates a hazardous or unsanitary condition on the property that affects the health, safety or welfare or the life or property of other tenants or persons on the premises; or (4) Refuses to vacate the premises after entering the premises as an unauthorized subtenant or other unauthorized occupant.
(1) Willfully or intentionally commits a violent act;
(2) Behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other tenants or persons on the premises;
(3) Creates a hazardous or unsanitary condition on the property that affects the health, safety or welfare or the life or property of other tenants or persons on the premises; or
(4) Refuses to vacate the premises after entering the premises as an unauthorized subtenant or other unauthorized occupant.
(b) The notice required by this section shall specifically detail the violation which has been committed and shall be effective only from the date of receipt of the notice by the tenant.
(c) Upon receipt of such written notice, the tenant shall be entitled to immediate access to any court of competent jurisdiction for the purpose of obtaining a temporary or permanent injunction against such termination by the landlord.
(d) Nothing in this section shall be construed to allow a landlord to recover or take possession of the dwelling unit by action or otherwise including willful diminution of services to the tenant by interrupting or causing interruption of electric, gas or other essential service to the tenant except in the case of abandonment or surrender.
(e) If the landlord's action in terminating the lease under this provision is willful and not in good faith, the tenant may in addition recover actual damages sustained by the tenant plus reasonable attorney's fees.
(f) The failure to bring an action for or to obtain an injunction may not be used as evidence in any action to recover possession of the dwelling unit.
(g) (1) If domestic abuse, as defined in § 36-3-601 , is the underlying offense for which a tenancy is terminated, only the perpetrator may be evicted. The landlord shall not evict the victims, minor children under eighteen (18) years of age, or innocent occupants, any of whom occupy the subject premises under a lease agreement, based solely on the domestic abuse. Even if evicted or removed from the lease, the perpetrator shall remain financially liable for all amounts due under all terms and conditions of the present lease agreement. (2) If a lease agreement is in effect at the time that the domestic abuse is committed, the landlord may remove the perpetrator from the lease agreement and require the remaining adult tenants to qualify for and enter into a new agreement for the remainder of the present lease term. The landlord shall not be responsible for any and all damages suffered by the perpetrator due to the bifurcation and termination of the lease agreement in accordance with this section. (3) If domestic abuse, as defined in § 36-3-601 , is the underlying offense for which tenancy could be terminated, the victim and all adult tenants shall agree, in writing, not to allow the perpetrator to return to the subject premises or any part of the community property, and to immediately report the perpetrator's return to the proper authority, for the remainder of the tenancy. A violation of such agreement shall be cause to terminate tenancy as to any victim and all other tenants. (4) The rights under this section shall not apply until the victim has been judicially granted an order of protection against the perpetrator for the specific incident for which tenancy is being terminated, a copy of such order has been provided to the landlord, and the order: (A) Provides for the perpetrator to move out or vacate immediately; (B) Prohibits the perpetrator from coming by or to a shared residence; (C) Requires that the perpetrator stay away from the victim's residence; or (D) Finds that the perpetrator's continuing to reside in the rented or leased premises may jeopardize the life, health, and safety of the victim or the victim's minor children. (5) Failure to comply with this section, or dismissal of an order of protection that allows application of this section, abrogates the rights provided to the victim, minor children, and innocent occupants under this section. (6) The rights granted in this section shall not apply in any situation where the perpetrator is a child or dependent of any tenant. (7) Nothing in this section shall prohibit the eviction of a victim of domestic abuse for nonpayment of rent, a lease violation, or any violation of this chapter.
(1) If domestic abuse, as defined in § 36-3-601 , is the underlying offense for which a tenancy is terminated, only the perpetrator may be evicted. The landlord shall not evict the victims, minor children under eighteen (18) years of age, or innocent occupants, any of whom occupy the subject premises under a lease agreement, based solely on the domestic abuse. Even if evicted or removed from the lease, the perpetrator shall remain financially liable for all amounts due under all terms and conditions of the present lease agreement.
(2) If a lease agreement is in effect at the time that the domestic abuse is committed, the landlord may remove the perpetrator from the lease agreement and require the remaining adult tenants to qualify for and enter into a new agreement for the remainder of the present lease term. The landlord shall not be responsible for any and all damages suffered by the perpetrator due to the bifurcation and termination of the lease agreement in accordance with this section.
(3) If domestic abuse, as defined in § 36-3-601 , is the underlying offense for which tenancy could be terminated, the victim and all adult tenants shall agree, in writing, not to allow the perpetrator to return to the subject premises or any part of the community property, and to immediately report the perpetrator's return to the proper authority, for the remainder of the tenancy. A violation of such agreement shall be cause to terminate tenancy as to any victim and all other tenants.
(4) The rights under this section shall not apply until the victim has been judicially granted an order of protection against the perpetrator for the specific incident for which tenancy is being terminated, a copy of such order has been provided to the landlord, and the order: (A) Provides for the perpetrator to move out or vacate immediately; (B) Prohibits the perpetrator from coming by or to a shared residence; (C) Requires that the perpetrator stay away from the victim's residence; or (D) Finds that the perpetrator's continuing to reside in the rented or leased premises may jeopardize the life, health, and safety of the victim or the victim's minor children.
(A) Provides for the perpetrator to move out or vacate immediately;
(B) Prohibits the perpetrator from coming by or to a shared residence;
(C) Requires that the perpetrator stay away from the victim's residence; or
(D) Finds that the perpetrator's continuing to reside in the rented or leased premises may jeopardize the life, health, and safety of the victim or the victim's minor children.
(5) Failure to comply with this section, or dismissal of an order of protection that allows application of this section, abrogates the rights provided to the victim, minor children, and innocent occupants under this section.
(6) The rights granted in this section shall not apply in any situation where the perpetrator is a child or dependent of any tenant.
(7) Nothing in this section shall prohibit the eviction of a victim of domestic abuse for nonpayment of rent, a lease violation, or any violation of this chapter.
Amended by 2020 Tenn. Acts, ch. 528, s 1, eff. 7/1/2020.
Amended by 2016 Tenn. Acts, ch. 895, s 1, eff. 7/1/2016.
Acts 1983, ch. 271, § 1; 2011 , ch. 272, § 13; 2012 , ch. 887, § 2.
Tenn. Code Ann. § 66-27-120 — TN Code / Title 66 / Chapter 27 / Section 66-27-120
Identification of estates for taxation, residential ground rent purposes
Status: in_force

(a) Taxes, assessments and other charges of any taxing unit of this state, or of any political subdivision, or any other taxing or assessing authority shall be assessed against and collected on each individual apartment, each of which shall be carried on the tax books as a separate and distinct entity for that purpose, and not on the building or property as a whole. The valuation of the general and limited common elements shall be assessed proportionately among the co-owners of the apartment. The valuation of private elements shall be assessed against the individual owner of the private elements. No forfeiture or sale of the building or property as a whole for delinquent taxes, assessments or charges shall ever divest or in anywise affect the title to an individual apartment so long as taxes, assessments and charges to that individual apartment are currently paid. (b) When any ground lease affects the underlying land upon which a condominium project is located or is to be located, and if the ground lease so provides, then each apartment and its respective share of the common elements shall be deemed to be and shall be treated as a separate leasehold estate responsible for such taxes, assessments or other charges, as well as such apartment's share of ground rent which might be charged under such ground lease. Such taxes, assessments and charges, as well as such pro rata share of ground rent, shall be the obligation of the respective apartment owner during such owner's tenure as owner and shall be subject to the lien provided in § 66-27-116 . (c) If a ground lessor and a developer have entered into a ground lease of underlying land whereon the developer intends to develop a condominium project, and if the ground lease is one in which a "residential ground rent" is created under chapter 30 of this title, individual apartments and their respective pro rata or otherwise allocated share of general common elements shall be deemed to be separate leasehold estates, and the ground lessor shall agree in all such ground leases that the owners of the individual apartments shall be separate and independent obligors under such ground lease and that the default of one (1) apartment owner shall not be deemed to be a default of all apartment owners in the condominium project. Only those individual apartment owners who default on their allocated share of obligations to the ground lessor, as the same are determined in the master deed, master lease or such ground lease, shall be deemed to be in default with the ground lessor. The ground lessor's remedies are limited to suit and satisfaction of such default from the defaulting apartment owner, the defaulting owner's apartment, and the defaulting owner's allocated interest in the general common elements. The only positive covenant obligations which any apartment owner shall have to the ground lessor shall be: (1) Payment of pro rata or allocated share of ground rent; and (2) Payment of pro rata or allocated share of real estate taxes and assessments on the underlying land. The terms and conditions of this subsection (c) shall apply only to agreements creating residential ground rents, where the land is intended by the developer to be developed into condominiums. Any other positive covenant obligations of the obligor, as defined in § 66-30-102 , that arises under the ground lease shall be deemed to have been satisfied during the period of construction and development prior to the time that the ground lease allows the closing of the sale of the first apartment. If there are any negative covenant obligations under such ground lease, then they shall be enforceable only against the individual apartment owner in violation thereof and only to the extent that such obligations are reasonably the obligation of an individual apartment owner. Acts 1963, ch. 124, § 20; 1980, ch. 735, § 2; T.C.A., § 64-2720; Acts 1990, ch. 823, § 13.
(a) Taxes, assessments and other charges of any taxing unit of this state, or of any political subdivision, or any other taxing or assessing authority shall be assessed against and collected on each individual apartment, each of which shall be carried on the tax books as a separate and distinct entity for that purpose, and not on the building or property as a whole. The valuation of the general and limited common elements shall be assessed proportionately among the co-owners of the apartment. The valuation of private elements shall be assessed against the individual owner of the private elements. No forfeiture or sale of the building or property as a whole for delinquent taxes, assessments or charges shall ever divest or in anywise affect the title to an individual apartment so long as taxes, assessments and charges to that individual apartment are currently paid.
(b) When any ground lease affects the underlying land upon which a condominium project is located or is to be located, and if the ground lease so provides, then each apartment and its respective share of the common elements shall be deemed to be and shall be treated as a separate leasehold estate responsible for such taxes, assessments or other charges, as well as such apartment's share of ground rent which might be charged under such ground lease. Such taxes, assessments and charges, as well as such pro rata share of ground rent, shall be the obligation of the respective apartment owner during such owner's tenure as owner and shall be subject to the lien provided in § 66-27-116 .
(c) If a ground lessor and a developer have entered into a ground lease of underlying land whereon the developer intends to develop a condominium project, and if the ground lease is one in which a "residential ground rent" is created under chapter 30 of this title, individual apartments and their respective pro rata or otherwise allocated share of general common elements shall be deemed to be separate leasehold estates, and the ground lessor shall agree in all such ground leases that the owners of the individual apartments shall be separate and independent obligors under such ground lease and that the default of one (1) apartment owner shall not be deemed to be a default of all apartment owners in the condominium project. Only those individual apartment owners who default on their allocated share of obligations to the ground lessor, as the same are determined in the master deed, master lease or such ground lease, shall be deemed to be in default with the ground lessor. The ground lessor's remedies are limited to suit and satisfaction of such default from the defaulting apartment owner, the defaulting owner's apartment, and the defaulting owner's allocated interest in the general common elements. The only positive covenant obligations which any apartment owner shall have to the ground lessor shall be: (1) Payment of pro rata or allocated share of ground rent; and (2) Payment of pro rata or allocated share of real estate taxes and assessments on the underlying land. The terms and conditions of this subsection (c) shall apply only to agreements creating residential ground rents, where the land is intended by the developer to be developed into condominiums. Any other positive covenant obligations of the obligor, as defined in § 66-30-102 , that arises under the ground lease shall be deemed to have been satisfied during the period of construction and development prior to the time that the ground lease allows the closing of the sale of the first apartment. If there are any negative covenant obligations under such ground lease, then they shall be enforceable only against the individual apartment owner in violation thereof and only to the extent that such obligations are reasonably the obligation of an individual apartment owner.
(1) Payment of pro rata or allocated share of ground rent; and
(2) Payment of pro rata or allocated share of real estate taxes and assessments on the underlying land. The terms and conditions of this subsection (c) shall apply only to agreements creating residential ground rents, where the land is intended by the developer to be developed into condominiums. Any other positive covenant obligations of the obligor, as defined in § 66-30-102 , that arises under the ground lease shall be deemed to have been satisfied during the period of construction and development prior to the time that the ground lease allows the closing of the sale of the first apartment. If there are any negative covenant obligations under such ground lease, then they shall be enforceable only against the individual apartment owner in violation thereof and only to the extent that such obligations are reasonably the obligation of an individual apartment owner.
Acts 1963, ch. 124, § 20; 1980, ch. 735, § 2; T.C.A., § 64-2720; Acts 1990, ch. 823, § 13.
Tenn. Code Ann. § 66-34-703 — TN Code / Title 66 / Chapter 34 / Section 66-34-703
Applicability of chapter
Status: in_force

(a) This chapter does not apply to any bank, savings bank, savings and loan association, industrial loan and thrift company, other regulated financial institution, or insurance company. (b) Notwithstanding subsection (a), if a bank, savings bank, savings and loan association, industrial loan and thrift company, other regulated financial institution, or insurance company acts in the capacity of an original owner in the event of building its own structure or assumes a project due to its debtor's default and proceeds with completion of the project, then the entity is subject to this chapter, except for §§ 66-34-104(c) and (j) ; however, the retained amount may be deposited in an account within the entity's own institution. (c) Notwithstanding subsection (a) or any other provision of this chapter to the contrary: (1) A bank, savings and loan association, industrial loan and thrift company, other regulated financial institution, or insurance company shall pay any sums held in trust pursuant to § 66-34-205 in accordance with an order of any court issued pursuant to § 66-34-602 ; and (2) A bank, savings and loan association, industrial loan and thrift company, other regulated financial institution, or insurance company is not liable for damages pursuant to § 66-34-104(c) based on the failure of an owner to place retainage in a separate interest-bearing, escrow account as required by § 66-34-104(a) . Amended by 2020 Tenn. Acts, ch. 749, s 33, eff. 7/1/2020. Acts 1991, ch. 443, § 1.
(a) This chapter does not apply to any bank, savings bank, savings and loan association, industrial loan and thrift company, other regulated financial institution, or insurance company.
(b) Notwithstanding subsection (a), if a bank, savings bank, savings and loan association, industrial loan and thrift company, other regulated financial institution, or insurance company acts in the capacity of an original owner in the event of building its own structure or assumes a project due to its debtor's default and proceeds with completion of the project, then the entity is subject to this chapter, except for §§ 66-34-104(c) and (j) ; however, the retained amount may be deposited in an account within the entity's own institution.
(c) Notwithstanding subsection (a) or any other provision of this chapter to the contrary: (1) A bank, savings and loan association, industrial loan and thrift company, other regulated financial institution, or insurance company shall pay any sums held in trust pursuant to § 66-34-205 in accordance with an order of any court issued pursuant to § 66-34-602 ; and (2) A bank, savings and loan association, industrial loan and thrift company, other regulated financial institution, or insurance company is not liable for damages pursuant to § 66-34-104(c) based on the failure of an owner to place retainage in a separate interest-bearing, escrow account as required by § 66-34-104(a) .
(1) A bank, savings and loan association, industrial loan and thrift company, other regulated financial institution, or insurance company shall pay any sums held in trust pursuant to § 66-34-205 in accordance with an order of any court issued pursuant to § 66-34-602 ; and
(2) A bank, savings and loan association, industrial loan and thrift company, other regulated financial institution, or insurance company is not liable for damages pursuant to § 66-34-104(c) based on the failure of an owner to place retainage in a separate interest-bearing, escrow account as required by § 66-34-104(a) .
Amended by 2020 Tenn. Acts, ch. 749, s 33, eff. 7/1/2020.
Acts 1991, ch. 443, § 1.
Tenn. Code Ann. § 66-28-104 — TN Code / Title 66 / Chapter 28 / Section 66-28-104
Chapter definitions
Status: in_force

Subject to additional definitions contained in this chapter, which apply to specific portions of this chapter, and unless the context otherwise requires, in this chapter: (1) "Action" means recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined, including an action for possession; (2) "Building and housing codes" means any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any premises, or dwelling unit; (3) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household; (4) "Good faith" means honesty in fact in the conduct of the transaction concerned; (5) "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by § 66-28-302 ; (6) "Manager" means an individual, group, business, or organization hired by a landlord or owner to oversee the day-to-day operations of a premises; (7) "Nuisance vehicle" means any vehicle that is incapable of operating under its own power and is detrimental to the health, welfare or safety of persons in the community; (8) "Organization" means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity; (9) (A) "Owner" means one (1) or more persons, jointly or severally, in whom is vested: (i) All or part of the legal title to property; or (ii) All or part of the beneficial ownership and a right to the present use and enjoyment of the premises; (B) "Owner" also means a mortgagee in possession; (10) "Person" means an individual or organization; (11) "Premises" means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant; (12) "Rental agreement" means all agreements, written or oral, and valid rules and regulations adopted under § 66-28-402 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises; (13) "Rents" means all payments to be made to the landlord under the rental agreement; (14) (A) "Security deposit" means an escrow payment made to the landlord under the rental agreement for the purpose of securing the landlord against financial loss due to damage to the premises occasioned by the tenant's occupancy other than ordinary wear and tear and any monetary damage due to the tenant's breach of the rental agreement; (B) "Security deposit" shall in no way infer that the landlord is providing any service for the personal protection or safety of the tenant beyond that prescribed by law; (15) "Substantially impaired" means that a dwelling unit or premises has been deemed unfit for human habitation by a governmental authority; (16) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others; (17) "Unauthorized vehicle" means a vehicle that is not registered to a tenant, an occupant or a tenant's known guest, and has remained for more than seven (7) consecutive days on real property leased or rented by a landlord for residential purposes; (18) "Utilities" means the provision of water, electricity, sewer or natural gas; and (19) "Vehicle" means any device for carrying passengers, livestock, goods or equipment that moves on wheels and/or runners. Amended by 2021 Tenn. Acts, ch. 100, s 2, eff. 7/1/2021. Acts 1975, ch. 245, § 1.301; T.C.A., § 64-2803; Acts 1999, ch. 284, § 2; 2001, ch. 153, §§ 1 - 3; 2005, ch. 156, § 1; 2011 , ch. 272, § 2.
Subject to additional definitions contained in this chapter, which apply to specific portions of this chapter, and unless the context otherwise requires, in this chapter:
(1) "Action" means recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined, including an action for possession;
(2) "Building and housing codes" means any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any premises, or dwelling unit;
(3) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household;
(4) "Good faith" means honesty in fact in the conduct of the transaction concerned;
(5) "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by § 66-28-302 ;
(6) "Manager" means an individual, group, business, or organization hired by a landlord or owner to oversee the day-to-day operations of a premises;
(7) "Nuisance vehicle" means any vehicle that is incapable of operating under its own power and is detrimental to the health, welfare or safety of persons in the community;
(8) "Organization" means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity;
(9) (A) "Owner" means one (1) or more persons, jointly or severally, in whom is vested: (i) All or part of the legal title to property; or (ii) All or part of the beneficial ownership and a right to the present use and enjoyment of the premises; (B) "Owner" also means a mortgagee in possession;
(A) "Owner" means one (1) or more persons, jointly or severally, in whom is vested: (i) All or part of the legal title to property; or (ii) All or part of the beneficial ownership and a right to the present use and enjoyment of the premises;
(i) All or part of the legal title to property; or
(ii) All or part of the beneficial ownership and a right to the present use and enjoyment of the premises;
(B) "Owner" also means a mortgagee in possession;
(10) "Person" means an individual or organization;
(11) "Premises" means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant;
(12) "Rental agreement" means all agreements, written or oral, and valid rules and regulations adopted under § 66-28-402 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises;
(13) "Rents" means all payments to be made to the landlord under the rental agreement;
(14) (A) "Security deposit" means an escrow payment made to the landlord under the rental agreement for the purpose of securing the landlord against financial loss due to damage to the premises occasioned by the tenant's occupancy other than ordinary wear and tear and any monetary damage due to the tenant's breach of the rental agreement; (B) "Security deposit" shall in no way infer that the landlord is providing any service for the personal protection or safety of the tenant beyond that prescribed by law;
(A) "Security deposit" means an escrow payment made to the landlord under the rental agreement for the purpose of securing the landlord against financial loss due to damage to the premises occasioned by the tenant's occupancy other than ordinary wear and tear and any monetary damage due to the tenant's breach of the rental agreement;
(B) "Security deposit" shall in no way infer that the landlord is providing any service for the personal protection or safety of the tenant beyond that prescribed by law;
(15) "Substantially impaired" means that a dwelling unit or premises has been deemed unfit for human habitation by a governmental authority;
(16) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others;
(17) "Unauthorized vehicle" means a vehicle that is not registered to a tenant, an occupant or a tenant's known guest, and has remained for more than seven (7) consecutive days on real property leased or rented by a landlord for residential purposes;
(18) "Utilities" means the provision of water, electricity, sewer or natural gas; and
(19) "Vehicle" means any device for carrying passengers, livestock, goods or equipment that moves on wheels and/or runners.
Amended by 2021 Tenn. Acts, ch. 100, s 2, eff. 7/1/2021.
Acts 1975, ch. 245, § 1.301; T.C.A., § 64-2803; Acts 1999, ch. 284, § 2; 2001, ch. 153, §§ 1 - 3; 2005, ch. 156, § 1; 2011 , ch. 272, § 2.
Tenn. Code Ann. § 66-7-105 — TN Code / Title 66 / Chapter 7 / Section 66-7-105
Adult bookstores and movie houses - Leases unenforceable
Status: in_force

Hereby declared against public policy and unenforceable are all leases or rental contracts, whether or not in writing, on real estate or buildings which are used for the purpose of sale, display, distribution or exhibition of obscene live performances or obscene material of any other kind including, but not limited to, the business of operating a store or house for the sale, or the commercial display, distribution or exhibition of an obscene book or magazine or other printed matter, motion pictures or peep shows. Occupants claiming the right to possess, use or occupy any building or real estate because of such an unenforceable lease or rental contract shall be immediately subject to eviction for unlawful detainer thereof in a suit by the owner of the building or real estate or by the state or by the county or by the incorporated municipality in which the building or real estate is located. Any person, firm, partnership or corporation that knowingly leases or rents any real estate or building to any person, firm, partnership or corporation for such purpose shall not have standing to use the courts or legal processes to enforce such lease or rental contract or to collect rentals or any other consideration because of such an unenforceable lease or rental contract. Acts 1973, ch. 184, § 2; T.C.A., § 64-706; Acts 1996, ch. 1071, § 1.
Hereby declared against public policy and unenforceable are all leases or rental contracts, whether or not in writing, on real estate or buildings which are used for the purpose of sale, display, distribution or exhibition of obscene live performances or obscene material of any other kind including, but not limited to, the business of operating a store or house for the sale, or the commercial display, distribution or exhibition of an obscene book or magazine or other printed matter, motion pictures or peep shows. Occupants claiming the right to possess, use or occupy any building or real estate because of such an unenforceable lease or rental contract shall be immediately subject to eviction for unlawful detainer thereof in a suit by the owner of the building or real estate or by the state or by the county or by the incorporated municipality in which the building or real estate is located. Any person, firm, partnership or corporation that knowingly leases or rents any real estate or building to any person, firm, partnership or corporation for such purpose shall not have standing to use the courts or legal processes to enforce such lease or rental contract or to collect rentals or any other consideration because of such an unenforceable lease or rental contract.
Acts 1973, ch. 184, § 2; T.C.A., § 64-706; Acts 1996, ch. 1071, § 1.
Tenn. Code Ann. § 66-27-503 — TN Code / Title 66 / Chapter 27 / Section 66-27-503
Information to be provided - General
Status: in_force

The information to be provided pursuant to § 66-27-502 shall include the following: (1) The name and principal address of the declarant, during the period of declarant control only, the association, and the condominium; (2) A copy of the recorded, or if not recorded then in substantially final form to the extent available, master deed or declaration, bylaws, charter or articles of association of the association, and all amendments of and exhibits to the master deed or declaration, bylaws, charter or articles of association of the association; (3) A copy of the current rules and regulations of the association; (4) The most recent balance sheet, income statement, and approved budget for the association, or, if there has never been an approved budget, then the projected budget. The budget must include, without limitation: (A) A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacements, and whether or not any study has been done to determine their adequacy, and if a study has been done, where the study will be made available for review and inspection; (B) A statement of any other reserves; (C) The projected aggregate annual common expense assessment by category of expenditures for the association; (D) The projected monthly common expense assessment, or the method of calculating each unit's share of the assessment, for each type of unit; (E) A description of any indebtedness secured by the common elements or other amenities owned by the association or available for the use of the unit owners; and (F) A description of any lease affecting the common elements or amenities owned by the association or available for the use of the unit owners; (5) Minutes of all meetings of the members and/or the board of directors of the association for the twenty-four-month period ending on the date of the request; (6) The current monthly assessment and any special assessment applicable to the unit in question, and the amount of any delinquencies in any assessments applicable to the unit; (7) Any fees or assessments due as a result of a transfer of the applicable unit; (8) The amount and nature of any additional fees currently imposed for use by members of the common elements or other amenities; (9) A statement of the insurance coverage, which may be provided in the form of an appropriate certificate from the insurer, maintained by the association that includes the types of coverage, limits and deductibles of the insurance; (10) A statement of any unsatisfied judgments and a description of any pending suits against the association; (11) A description of any pending suits filed by the association, other than for the collection of delinquent assessments; (12) The total amount of current monthly, annual, or special assessments for all units in the condominium that are more than sixty (60) days past due as of the most recent available report, but in no event more than ninety (90) days prior to the date of the request; and (13) Whether the board of directors is still under declarant control and, if so, when that period of control ends. Acts 2008, ch. 766, § 1.
The information to be provided pursuant to § 66-27-502 shall include the following:
(1) The name and principal address of the declarant, during the period of declarant control only, the association, and the condominium;
(2) A copy of the recorded, or if not recorded then in substantially final form to the extent available, master deed or declaration, bylaws, charter or articles of association of the association, and all amendments of and exhibits to the master deed or declaration, bylaws, charter or articles of association of the association;
(3) A copy of the current rules and regulations of the association;
(4) The most recent balance sheet, income statement, and approved budget for the association, or, if there has never been an approved budget, then the projected budget. The budget must include, without limitation: (A) A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacements, and whether or not any study has been done to determine their adequacy, and if a study has been done, where the study will be made available for review and inspection; (B) A statement of any other reserves; (C) The projected aggregate annual common expense assessment by category of expenditures for the association; (D) The projected monthly common expense assessment, or the method of calculating each unit's share of the assessment, for each type of unit; (E) A description of any indebtedness secured by the common elements or other amenities owned by the association or available for the use of the unit owners; and (F) A description of any lease affecting the common elements or amenities owned by the association or available for the use of the unit owners;
(A) A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacements, and whether or not any study has been done to determine their adequacy, and if a study has been done, where the study will be made available for review and inspection;
(B) A statement of any other reserves;
(C) The projected aggregate annual common expense assessment by category of expenditures for the association;
(D) The projected monthly common expense assessment, or the method of calculating each unit's share of the assessment, for each type of unit;
(E) A description of any indebtedness secured by the common elements or other amenities owned by the association or available for the use of the unit owners; and
(F) A description of any lease affecting the common elements or amenities owned by the association or available for the use of the unit owners;
(5) Minutes of all meetings of the members and/or the board of directors of the association for the twenty-four-month period ending on the date of the request;
(6) The current monthly assessment and any special assessment applicable to the unit in question, and the amount of any delinquencies in any assessments applicable to the unit;
(7) Any fees or assessments due as a result of a transfer of the applicable unit;
(8) The amount and nature of any additional fees currently imposed for use by members of the common elements or other amenities;
(9) A statement of the insurance coverage, which may be provided in the form of an appropriate certificate from the insurer, maintained by the association that includes the types of coverage, limits and deductibles of the insurance;
(10) A statement of any unsatisfied judgments and a description of any pending suits against the association;
(11) A description of any pending suits filed by the association, other than for the collection of delinquent assessments;
(12) The total amount of current monthly, annual, or special assessments for all units in the condominium that are more than sixty (60) days past due as of the most recent available report, but in no event more than ninety (90) days prior to the date of the request; and
(13) Whether the board of directors is still under declarant control and, if so, when that period of control ends.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-27-311 — TN Code / Title 66 / Chapter 27 / Section 66-27-311
Alterations of units
Status: in_force

Subject to the declaration and other law, a unit owner: (1) May make any improvements or alterations to the unit owner's unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium; (2) May not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium, without permission of the association; and (3) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures in the intervening partition, even if the partition, in whole or in part, is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this subdivision (3) is not an alteration of boundaries. The owner of any adjoining unit affected by the removal of partitions or creation of apertures shall have the right to restore the removed partitions to their original condition or to close any apertures created. Acts 2008, ch. 766, § 1.
Subject to the declaration and other law, a unit owner:
(1) May make any improvements or alterations to the unit owner's unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium;
(2) May not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium, without permission of the association; and
(3) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures in the intervening partition, even if the partition, in whole or in part, is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this subdivision (3) is not an alteration of boundaries. The owner of any adjoining unit affected by the removal of partitions or creation of apertures shall have the right to restore the removed partitions to their original condition or to close any apertures created.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-28-406 — TN Code / Title 66 / Chapter 28 / Section 66-28-406
Exception to policy prohibiting or limiting, or requiring payment for, animals or pets for tenant or prospective tenant with disability who requires use of service animal or support animal
Status: in_force

(a) As used in this section: (1) "Disability" means: (A) A physical or mental impairment that substantially limits one (1) or more major life activities; (B) A record of an impairment described in subdivision (a)(1)(A); or (C) Being regarded as having an impairment described in subdivision (a)(1)(A); (2) "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition; (3) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized or permitted by the laws of any state to administer health care in the ordinary course of business or practice of a profession; (4) "Reliable documentation": (A) Means written documentation provided by: (i) A healthcare provider with actual knowledge of an individual's disability; (ii) An individual or entity with a valid, unrestricted license, certification, or registration to serve persons with disabilities with actual knowledge of an individual's disability; or (iii) A caregiver, reliable third party, or a governmental entity with actual knowledge of an individual's disability; and (B) Does not include documentation provided through a website, the primary function of which is to provide a certificate, registration, license, or similar document for a service animal or support animal for a fee; (5) "Service animal" means a dog or miniature horse that has been individually trained to work or perform tasks for an individual with a disability; and (6) "Support animal" means an animal selected to accompany an individual with a disability that has been prescribed or recommended by a healthcare provider to work, provide assistance, or perform tasks for the benefit of the individual with a disability, or provide emotional support that alleviates one (1) or more identified symptoms or effects of the individual's disability. (b) A tenant or prospective tenant with a disability who requires the use of a service animal or support animal may request an exception to a landlord's policy that prohibits or limits animals or pets on the premises or that requires any payment by a tenant to have an animal or pet on the premises. (c) A landlord who receives a request made under subsection (b) from a tenant or prospective tenant may ask that the individual, whose disability is not readily apparent or known to the landlord, submit reliable documentation of a disability and the disability-related need for a service animal or support animal. If the disability is readily apparent or known but the disability-related need for the service animal or support animal is not, then the landlord may ask the individual to submit reliable documentation of the disability-related need for a service animal or support animal. (d) A landlord who receives reliable documentation under subsection (c) may verify the reliable documentation. However, nothing in this subsection (d) authorizes a landlord to obtain confidential or protected medical records or confidential or protected medical information concerning a tenant's or prospective tenant's disability. (e) A landlord may deny a request made under subsection (b) if a tenant or prospective tenant fails to provide accurate, reliable documentation that meets the requirements of subsection (c), after the landlord requests the reliable documentation. (f) (1) It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant: (A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or (B) Provides documentation under subsection (c) that falsely states an animal is a service animal or support animal. (2) In the event of any violation of subdivision (f)(1), the landlord may terminate the tenancy and recover damages, including, but not limited to, reasonable attorney's fees. (g) Notwithstanding any other law to the contrary, a landlord is not liable for injuries by a person's service animal or support animal permitted on the premises as a reasonable accommodation to assist the person with a disability pursuant to the Fair Housing Act, as amended ( 42 U.S.C. §§ 3601 et seq.); the Americans with Disabilities Act of 1990 ( 42 U.S.C. §§ 12101 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended, ( 29 U.S.C. § 701 ); or any other federal, state, or local law. (h) Only to the extent it conflicts with federal or state law, this section does not apply to public housing units owned by a governmental entity. Amended by 2024 Tenn. Acts, ch. 754,s 1, eff. 7/1/2024. Added by 2019 Tenn. Acts, ch. 236, s 5, eff. 7/1/2019.
(a) As used in this section: (1) "Disability" means: (A) A physical or mental impairment that substantially limits one (1) or more major life activities; (B) A record of an impairment described in subdivision (a)(1)(A); or (C) Being regarded as having an impairment described in subdivision (a)(1)(A); (2) "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition; (3) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized or permitted by the laws of any state to administer health care in the ordinary course of business or practice of a profession; (4) "Reliable documentation": (A) Means written documentation provided by: (i) A healthcare provider with actual knowledge of an individual's disability; (ii) An individual or entity with a valid, unrestricted license, certification, or registration to serve persons with disabilities with actual knowledge of an individual's disability; or (iii) A caregiver, reliable third party, or a governmental entity with actual knowledge of an individual's disability; and (B) Does not include documentation provided through a website, the primary function of which is to provide a certificate, registration, license, or similar document for a service animal or support animal for a fee; (5) "Service animal" means a dog or miniature horse that has been individually trained to work or perform tasks for an individual with a disability; and (6) "Support animal" means an animal selected to accompany an individual with a disability that has been prescribed or recommended by a healthcare provider to work, provide assistance, or perform tasks for the benefit of the individual with a disability, or provide emotional support that alleviates one (1) or more identified symptoms or effects of the individual's disability.
(1) "Disability" means: (A) A physical or mental impairment that substantially limits one (1) or more major life activities; (B) A record of an impairment described in subdivision (a)(1)(A); or (C) Being regarded as having an impairment described in subdivision (a)(1)(A);
(A) A physical or mental impairment that substantially limits one (1) or more major life activities;
(B) A record of an impairment described in subdivision (a)(1)(A); or
(C) Being regarded as having an impairment described in subdivision (a)(1)(A);
(2) "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition;
(3) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized or permitted by the laws of any state to administer health care in the ordinary course of business or practice of a profession;
(4) "Reliable documentation": (A) Means written documentation provided by: (i) A healthcare provider with actual knowledge of an individual's disability; (ii) An individual or entity with a valid, unrestricted license, certification, or registration to serve persons with disabilities with actual knowledge of an individual's disability; or (iii) A caregiver, reliable third party, or a governmental entity with actual knowledge of an individual's disability; and (B) Does not include documentation provided through a website, the primary function of which is to provide a certificate, registration, license, or similar document for a service animal or support animal for a fee;
(A) Means written documentation provided by: (i) A healthcare provider with actual knowledge of an individual's disability; (ii) An individual or entity with a valid, unrestricted license, certification, or registration to serve persons with disabilities with actual knowledge of an individual's disability; or (iii) A caregiver, reliable third party, or a governmental entity with actual knowledge of an individual's disability; and
(i) A healthcare provider with actual knowledge of an individual's disability;
(ii) An individual or entity with a valid, unrestricted license, certification, or registration to serve persons with disabilities with actual knowledge of an individual's disability; or
(iii) A caregiver, reliable third party, or a governmental entity with actual knowledge of an individual's disability; and
(B) Does not include documentation provided through a website, the primary function of which is to provide a certificate, registration, license, or similar document for a service animal or support animal for a fee;
(5) "Service animal" means a dog or miniature horse that has been individually trained to work or perform tasks for an individual with a disability; and
(6) "Support animal" means an animal selected to accompany an individual with a disability that has been prescribed or recommended by a healthcare provider to work, provide assistance, or perform tasks for the benefit of the individual with a disability, or provide emotional support that alleviates one (1) or more identified symptoms or effects of the individual's disability.
(b) A tenant or prospective tenant with a disability who requires the use of a service animal or support animal may request an exception to a landlord's policy that prohibits or limits animals or pets on the premises or that requires any payment by a tenant to have an animal or pet on the premises.
(c) A landlord who receives a request made under subsection (b) from a tenant or prospective tenant may ask that the individual, whose disability is not readily apparent or known to the landlord, submit reliable documentation of a disability and the disability-related need for a service animal or support animal. If the disability is readily apparent or known but the disability-related need for the service animal or support animal is not, then the landlord may ask the individual to submit reliable documentation of the disability-related need for a service animal or support animal.
(d) A landlord who receives reliable documentation under subsection (c) may verify the reliable documentation. However, nothing in this subsection (d) authorizes a landlord to obtain confidential or protected medical records or confidential or protected medical information concerning a tenant's or prospective tenant's disability.
(e) A landlord may deny a request made under subsection (b) if a tenant or prospective tenant fails to provide accurate, reliable documentation that meets the requirements of subsection (c), after the landlord requests the reliable documentation.
(f) (1) It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant: (A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or (B) Provides documentation under subsection (c) that falsely states an animal is a service animal or support animal. (2) In the event of any violation of subdivision (f)(1), the landlord may terminate the tenancy and recover damages, including, but not limited to, reasonable attorney's fees.
(1) It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant: (A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or (B) Provides documentation under subsection (c) that falsely states an animal is a service animal or support animal.
(A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or
(B) Provides documentation under subsection (c) that falsely states an animal is a service animal or support animal.
(2) In the event of any violation of subdivision (f)(1), the landlord may terminate the tenancy and recover damages, including, but not limited to, reasonable attorney's fees.
(g) Notwithstanding any other law to the contrary, a landlord is not liable for injuries by a person's service animal or support animal permitted on the premises as a reasonable accommodation to assist the person with a disability pursuant to the Fair Housing Act, as amended ( 42 U.S.C. §§ 3601 et seq.); the Americans with Disabilities Act of 1990 ( 42 U.S.C. §§ 12101 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended, ( 29 U.S.C. § 701 ); or any other federal, state, or local law.
(h) Only to the extent it conflicts with federal or state law, this section does not apply to public housing units owned by a governmental entity.
Amended by 2024 Tenn. Acts, ch. 754,s 1, eff. 7/1/2024.
Added by 2019 Tenn. Acts, ch. 236, s 5, eff. 7/1/2019.