Tenn. Code Ann. § 66-27-318 — TN Code / Title 66 / Chapter 27 / Section 66-27-318
Termination of condominium
Status: in_force

(a) Except in the case of a taking of all the units by eminent domain pursuant to § 66-27-207 , a condominium may be terminated only by agreement of unit owners of units to which at least eighty percent (80%) of the votes in the association are allocated, and eighty percent (80%) of those lenders having first mortgage liens on any unit or units to which eighty percent (80%) of the votes in the association are allocated. The declaration may specify a larger percentage in either instance, and may specify that a lender is deemed to approve the termination if notice is sent to the last address of that lender on file with the association, or if none, as specified in the lender's first mortgage lien of record, and no objection is received within thirty (30) days thereafter. The declaration may specify a smaller percentage only if all of the units in the condominium are restricted exclusively to nonresidential uses. (b) An agreement to terminate must be evidenced by the execution of a termination agreement, or ratifications of a termination agreement, in the same manner as a deed, by the requisite number of unit owners. The termination agreement may specify a date after which the agreement will be void unless it is recorded before that date. A termination agreement and all ratifications of the termination agreement must be recorded in every county in which a portion of the condominium is situated, and is effective only upon recordation. (c) In the case of a condominium containing only units having horizontal boundaries described in the declaration, a termination agreement may provide that all the common elements and units of the condominium shall be sold following termination. If, pursuant to the agreement, any real estate in the condominium is to be sold following termination, the termination agreement must set forth the minimum terms of the sale. (d) In the case of a condominium containing any units that include title to the underlying land as provided in the declaration, a termination agreement may provide for sale of the common elements, but may not require that the units be sold following termination, unless the declaration as originally recorded provided otherwise or unless all owners of units to be sold consent to the sale. (e) The association, on behalf of the unit owners, may contract for the sale of real estate in the condominium, but the contract is not binding on the unit owners until approved pursuant to subsections (a) and (b). If any real estate in the condominium is to be sold following termination, title to that real estate, upon termination, vests in the association as trustee for the holders of all interests in the units. Thereafter, the association has all powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof distributed, the association continues in existence with all powers it had before termination. Proceeds of the sale must be distributed to unit owners and lienholders as their interests may appear, in proportion to the respective interests of unit owners as provided in subsection (h). Unless otherwise specified in the termination agreement, as long as the association holds title to the real estate, each unit owner and each unit owner's successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted each unit owner's unit. During the period of that occupancy, each unit owner and each unit owner's successors in interest remain liable for all assessments and other obligations imposed on unit owners by part 1, this part and parts 4 and 5 of this chapter or the declaration. (f) If the real estate constituting the condominium is not to be sold following termination, title to the common elements and, in a condominium containing only units not including title to the underlying land as described in the declaration, title to all the real estate in the condominium vests in the unit owners upon termination as tenants in common in proportion to their respective interests as provided in subsection (h), and liens on the units shift accordingly. While the tenancy in common exists, each unit owner and each unit owner's successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted each unit owner's unit. (g) Following termination of the condominium, the proceeds of any sale of real estate, together with the assets of the association, are held by the association as trustee for unit owners and holders of liens on the units as their interests may appear. Following termination, creditors of the association holding liens on the units that were recorded before termination may enforce those liens in the same manner as any lienholder. All other creditors of the association are to be treated as if they had perfected liens on the units immediately before termination. (h) The respective interests of unit owners referred to in subsections (e), (f) and (g) are as follows: (1) Except as provided in subdivision (h)(2), the respective interests of unit owners are the fair market values of their units, limited common elements, and common element interests immediately before the termination, as determined by one (1) or more independent appraisers selected by the association. The decision of the independent appraisers shall be distributed to the unit owners and becomes final unless disapproved within thirty (30) days after distribution by unit owners of units to which at least twenty-five percent (25%) of the votes in the association are allocated. The proportion of any unit owner's interest to that of all unit owners is determined by dividing the fair market value of that unit owner's unit and common element interest by the total fair market values of all the units and common elements; and (2) If any unit or any limited common element is destroyed to the extent that an appraisal of the fair market value of the unit or any limited common element before destruction cannot be made, the interests of all unit owners are their respective common element interests immediately before the termination. (i) (1) If a lien or encumbrance against all or any portion of the real estate comprising the condominium has priority over the declaration, and the lien or encumbrance has been released with respect to any unit, then the lien or encumbrance shall be deemed subordinate to the declaration. (2) Notwithstanding subdivision (i)(1), foreclosure or enforcement of a lien or encumbrance against withdrawable real estate does not of itself withdraw that real estate from the condominium, but the person taking title to the real estate has the right to require from the association an amendment excluding the real estate from the condominium, upon request and payment of the expense of the amendment. Acts 2008, ch. 766, § 1.
(a) Except in the case of a taking of all the units by eminent domain pursuant to § 66-27-207 , a condominium may be terminated only by agreement of unit owners of units to which at least eighty percent (80%) of the votes in the association are allocated, and eighty percent (80%) of those lenders having first mortgage liens on any unit or units to which eighty percent (80%) of the votes in the association are allocated. The declaration may specify a larger percentage in either instance, and may specify that a lender is deemed to approve the termination if notice is sent to the last address of that lender on file with the association, or if none, as specified in the lender's first mortgage lien of record, and no objection is received within thirty (30) days thereafter. The declaration may specify a smaller percentage only if all of the units in the condominium are restricted exclusively to nonresidential uses.
(b) An agreement to terminate must be evidenced by the execution of a termination agreement, or ratifications of a termination agreement, in the same manner as a deed, by the requisite number of unit owners. The termination agreement may specify a date after which the agreement will be void unless it is recorded before that date. A termination agreement and all ratifications of the termination agreement must be recorded in every county in which a portion of the condominium is situated, and is effective only upon recordation.
(c) In the case of a condominium containing only units having horizontal boundaries described in the declaration, a termination agreement may provide that all the common elements and units of the condominium shall be sold following termination. If, pursuant to the agreement, any real estate in the condominium is to be sold following termination, the termination agreement must set forth the minimum terms of the sale.
(d) In the case of a condominium containing any units that include title to the underlying land as provided in the declaration, a termination agreement may provide for sale of the common elements, but may not require that the units be sold following termination, unless the declaration as originally recorded provided otherwise or unless all owners of units to be sold consent to the sale.
(e) The association, on behalf of the unit owners, may contract for the sale of real estate in the condominium, but the contract is not binding on the unit owners until approved pursuant to subsections (a) and (b). If any real estate in the condominium is to be sold following termination, title to that real estate, upon termination, vests in the association as trustee for the holders of all interests in the units. Thereafter, the association has all powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof distributed, the association continues in existence with all powers it had before termination. Proceeds of the sale must be distributed to unit owners and lienholders as their interests may appear, in proportion to the respective interests of unit owners as provided in subsection (h). Unless otherwise specified in the termination agreement, as long as the association holds title to the real estate, each unit owner and each unit owner's successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted each unit owner's unit. During the period of that occupancy, each unit owner and each unit owner's successors in interest remain liable for all assessments and other obligations imposed on unit owners by part 1, this part and parts 4 and 5 of this chapter or the declaration.
(f) If the real estate constituting the condominium is not to be sold following termination, title to the common elements and, in a condominium containing only units not including title to the underlying land as described in the declaration, title to all the real estate in the condominium vests in the unit owners upon termination as tenants in common in proportion to their respective interests as provided in subsection (h), and liens on the units shift accordingly. While the tenancy in common exists, each unit owner and each unit owner's successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted each unit owner's unit.
(g) Following termination of the condominium, the proceeds of any sale of real estate, together with the assets of the association, are held by the association as trustee for unit owners and holders of liens on the units as their interests may appear. Following termination, creditors of the association holding liens on the units that were recorded before termination may enforce those liens in the same manner as any lienholder. All other creditors of the association are to be treated as if they had perfected liens on the units immediately before termination.
(h) The respective interests of unit owners referred to in subsections (e), (f) and (g) are as follows: (1) Except as provided in subdivision (h)(2), the respective interests of unit owners are the fair market values of their units, limited common elements, and common element interests immediately before the termination, as determined by one (1) or more independent appraisers selected by the association. The decision of the independent appraisers shall be distributed to the unit owners and becomes final unless disapproved within thirty (30) days after distribution by unit owners of units to which at least twenty-five percent (25%) of the votes in the association are allocated. The proportion of any unit owner's interest to that of all unit owners is determined by dividing the fair market value of that unit owner's unit and common element interest by the total fair market values of all the units and common elements; and (2) If any unit or any limited common element is destroyed to the extent that an appraisal of the fair market value of the unit or any limited common element before destruction cannot be made, the interests of all unit owners are their respective common element interests immediately before the termination.
(1) Except as provided in subdivision (h)(2), the respective interests of unit owners are the fair market values of their units, limited common elements, and common element interests immediately before the termination, as determined by one (1) or more independent appraisers selected by the association. The decision of the independent appraisers shall be distributed to the unit owners and becomes final unless disapproved within thirty (30) days after distribution by unit owners of units to which at least twenty-five percent (25%) of the votes in the association are allocated. The proportion of any unit owner's interest to that of all unit owners is determined by dividing the fair market value of that unit owner's unit and common element interest by the total fair market values of all the units and common elements; and
(2) If any unit or any limited common element is destroyed to the extent that an appraisal of the fair market value of the unit or any limited common element before destruction cannot be made, the interests of all unit owners are their respective common element interests immediately before the termination.
(i) (1) If a lien or encumbrance against all or any portion of the real estate comprising the condominium has priority over the declaration, and the lien or encumbrance has been released with respect to any unit, then the lien or encumbrance shall be deemed subordinate to the declaration. (2) Notwithstanding subdivision (i)(1), foreclosure or enforcement of a lien or encumbrance against withdrawable real estate does not of itself withdraw that real estate from the condominium, but the person taking title to the real estate has the right to require from the association an amendment excluding the real estate from the condominium, upon request and payment of the expense of the amendment.
(1) If a lien or encumbrance against all or any portion of the real estate comprising the condominium has priority over the declaration, and the lien or encumbrance has been released with respect to any unit, then the lien or encumbrance shall be deemed subordinate to the declaration.
(2) Notwithstanding subdivision (i)(1), foreclosure or enforcement of a lien or encumbrance against withdrawable real estate does not of itself withdraw that real estate from the condominium, but the person taking title to the real estate has the right to require from the association an amendment excluding the real estate from the condominium, upon request and payment of the expense of the amendment.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-34-103 — TN Code / Title 66 / Chapter 34 / Section 66-34-103
Withholding of retainage - Violations - Penalties
Status: in_force

(a) All construction contracts on any project in this state, both public and private, may provide for the withholding of retainage; provided, however, that the retainage amount may not exceed five percent (5%) of the amount of the contract. (b) The owner, whether public or private, shall release and pay all retainages for work completed pursuant to the terms of any contract to the prime contractor within ninety (90) days after completion of the work or within ninety (90) days after substantial completion of the project for work completed, whichever occurs first. As used in this subsection (b), "work completed" means the completion of the scope of the work and all terms and conditions covered by the contract under which the retainage is being held. The prime contractor shall pay all retainages due any remote contractor within ten (10) days after receipt of the retainages from the owner. Any remote contractor receiving the retainage from the prime contractor shall pay to any lower-tier remote contractor all retainages due the lower-tier remote contractor within ten (10) days after receipt of the retainages. (c) Any default in the making of the payments is subject to those remedies provided in this part. (d) If an owner or prime contractor withholds retainage that is for the use and benefit of the prime contractor or its remote contractors pursuant to § 66-34-104(a) and (b) , then neither the prime contractor nor any of its remote contractors are required to deposit additional retained funds into an escrow account in accordance with § 66-34-104(a) and (b) . (e) (1) It is an offense for a person, firm, or corporation to fail to comply with subsection (a) or (b) or § 66-34-104(a) . (2) (A) A violation of this subsection (e) is a Class A misdemeanor, subject to a fine only of three thousand dollars ($3,000). (B) Each day a person, firm, or corporation fails to comply with subsection (a) or (b) or § 66-34-104(a) is a separate violation of this subsection (e). (C) Until the violation of this subsection (e) is remediated by compliance, the punishment for each violation is consecutive to all other violations. (3) In addition to the fine imposed pursuant to subdivisions (e)(2)(A) and (B), the court shall order restitution be made to the owner of the retained funds. In determining the appropriate amount of restitution, the formula stated in § 40-35-304 must be used. (4) This subsection (e) does not apply to the state, any department, board, or agency thereof, including the University of Tennessee, all counties and municipalities, and all departments, boards, or agencies thereof, including all school and education boards, and any other subdivision of the state. Amended by 2020 Tenn. Acts, ch. 749, s 16, eff. 7/1/2020. Acts 2007 , ch. 201, § 3; 2008 , ch. 804, § 3; 2012 , ch. 609, § 1.
(a) All construction contracts on any project in this state, both public and private, may provide for the withholding of retainage; provided, however, that the retainage amount may not exceed five percent (5%) of the amount of the contract.
(b) The owner, whether public or private, shall release and pay all retainages for work completed pursuant to the terms of any contract to the prime contractor within ninety (90) days after completion of the work or within ninety (90) days after substantial completion of the project for work completed, whichever occurs first. As used in this subsection (b), "work completed" means the completion of the scope of the work and all terms and conditions covered by the contract under which the retainage is being held. The prime contractor shall pay all retainages due any remote contractor within ten (10) days after receipt of the retainages from the owner. Any remote contractor receiving the retainage from the prime contractor shall pay to any lower-tier remote contractor all retainages due the lower-tier remote contractor within ten (10) days after receipt of the retainages.
(c) Any default in the making of the payments is subject to those remedies provided in this part.
(d) If an owner or prime contractor withholds retainage that is for the use and benefit of the prime contractor or its remote contractors pursuant to § 66-34-104(a) and (b) , then neither the prime contractor nor any of its remote contractors are required to deposit additional retained funds into an escrow account in accordance with § 66-34-104(a) and (b) .
(e) (1) It is an offense for a person, firm, or corporation to fail to comply with subsection (a) or (b) or § 66-34-104(a) . (2) (A) A violation of this subsection (e) is a Class A misdemeanor, subject to a fine only of three thousand dollars ($3,000). (B) Each day a person, firm, or corporation fails to comply with subsection (a) or (b) or § 66-34-104(a) is a separate violation of this subsection (e). (C) Until the violation of this subsection (e) is remediated by compliance, the punishment for each violation is consecutive to all other violations. (3) In addition to the fine imposed pursuant to subdivisions (e)(2)(A) and (B), the court shall order restitution be made to the owner of the retained funds. In determining the appropriate amount of restitution, the formula stated in § 40-35-304 must be used. (4) This subsection (e) does not apply to the state, any department, board, or agency thereof, including the University of Tennessee, all counties and municipalities, and all departments, boards, or agencies thereof, including all school and education boards, and any other subdivision of the state.
(1) It is an offense for a person, firm, or corporation to fail to comply with subsection (a) or (b) or § 66-34-104(a) .
(2) (A) A violation of this subsection (e) is a Class A misdemeanor, subject to a fine only of three thousand dollars ($3,000). (B) Each day a person, firm, or corporation fails to comply with subsection (a) or (b) or § 66-34-104(a) is a separate violation of this subsection (e). (C) Until the violation of this subsection (e) is remediated by compliance, the punishment for each violation is consecutive to all other violations.
(A) A violation of this subsection (e) is a Class A misdemeanor, subject to a fine only of three thousand dollars ($3,000).
(B) Each day a person, firm, or corporation fails to comply with subsection (a) or (b) or § 66-34-104(a) is a separate violation of this subsection (e).
(C) Until the violation of this subsection (e) is remediated by compliance, the punishment for each violation is consecutive to all other violations.
(3) In addition to the fine imposed pursuant to subdivisions (e)(2)(A) and (B), the court shall order restitution be made to the owner of the retained funds. In determining the appropriate amount of restitution, the formula stated in § 40-35-304 must be used.
(4) This subsection (e) does not apply to the state, any department, board, or agency thereof, including the University of Tennessee, all counties and municipalities, and all departments, boards, or agencies thereof, including all school and education boards, and any other subdivision of the state.
Amended by 2020 Tenn. Acts, ch. 749, s 16, eff. 7/1/2020.
Acts 2007 , ch. 201, § 3; 2008 , ch. 804, § 3; 2012 , ch. 609, § 1.
Tenn. Code Ann. § 66-32-135 — TN Code / Title 66 / Chapter 32 / Section 66-32-135
Construction of Sections 66-32-131 - 66-32-133 with Tennessee Consumer Protection Act
Status: in_force

Sections 66-32-131 - 66-32-133 shall be in addition to those provisions in the Tennessee Consumer Protection Act, compiled in title 47, chapter 18; provided, that to the extent that any provisions of the Tennessee Consumer Protection Act are in conflict with §§ 66-32-131 - 66-32-133, the Tennessee Consumer Protection Act shall control. Acts 1983, ch. 210, § 11.
Sections 66-32-131 - 66-32-133 shall be in addition to those provisions in the Tennessee Consumer Protection Act, compiled in title 47, chapter 18; provided, that to the extent that any provisions of the Tennessee Consumer Protection Act are in conflict with §§ 66-32-131 - 66-32-133, the Tennessee Consumer Protection Act shall control.
Acts 1983, ch. 210, § 11.
Tenn. Code Ann. § 66-32-109 — TN Code / Title 66 / Chapter 32 / Section 66-32-109
Instruments for time-share use
Status: in_force

Project instruments and time-share instruments creating time-share uses must contain the following: (1) Identification by name of the time-share project and street address where the time-share project is situated; (2) Identification of the time periods, type of units and the units that are in the time-share program and the length of time that the units are committed to the time-share program; (3) In case of a time-share project, identification of which units are in the time-share program and the method whereby any other units may be added, deleted or substituted; and (4) Any other matters that the developer deems appropriate. Acts 1981, ch. 372, § 10; T.C.A., § 64-3210.
Project instruments and time-share instruments creating time-share uses must contain the following:
(1) Identification by name of the time-share project and street address where the time-share project is situated;
(2) Identification of the time periods, type of units and the units that are in the time-share program and the length of time that the units are committed to the time-share program;
(3) In case of a time-share project, identification of which units are in the time-share program and the method whereby any other units may be added, deleted or substituted; and
(4) Any other matters that the developer deems appropriate.
Acts 1981, ch. 372, § 10; T.C.A., § 64-3210.
Tenn. Code Ann. § 66-7-112 — TN Code / Title 66 / Chapter 7 / Section 66-7-112
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 another 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 obligations 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 1, 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 another 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 another 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 obligations 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 obligations 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 1, eff. 7/1/2021.
Tenn. Code Ann. § 66-2-305 — TN Code / Title 66 / Chapter 2 / Section 66-2-305
Prohibited foreign party businesses prohibited from acquiring or devising non-agricultural land - Penalties
Status: in_force

(a) (1) A prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise an interest in non-agricultural land in this state. (2) A party shall not hold an interest in non-agricultural land as an agent, trustee, or other fiduciary for a prohibited foreign-party-controlled business. (3) A prohibited foreign-party-controlled business that acquires non-agricultural land in violation of this section remains in violation as long as the prohibited foreign-party-controlled business holds an interest in the non-agricultural land. (b) (1) A prohibited foreign-party-controlled business in violation of this section shall divest itself of the interest in non-agricultural land within two (2) years of the date the entity is found to be in violation. (2) If a prohibited foreign-party-controlled business does not divest itself of the interest in non-agricultural land as prescribed in subdivision (b)(1), then the attorney general and reporter may commence an action pursuant to § 66-2-307 . (c) A violation of this section is a Class A misdemeanor, punishable by a fine of one thousand five hundred dollars ($1,500) or confinement for not more than eleven (11) months and twenty-nine (29) days, or both. Amended by 2024 Tenn. Acts, ch. 995,s 1, eff. 1/1/2025. Added by 2023 Tenn. Acts, ch. 369, s 3, eff. 7/1/2023.
(a) (1) A prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise an interest in non-agricultural land in this state. (2) A party shall not hold an interest in non-agricultural land as an agent, trustee, or other fiduciary for a prohibited foreign-party-controlled business. (3) A prohibited foreign-party-controlled business that acquires non-agricultural land in violation of this section remains in violation as long as the prohibited foreign-party-controlled business holds an interest in the non-agricultural land.
(1) A prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise an interest in non-agricultural land in this state.
(2) A party shall not hold an interest in non-agricultural land as an agent, trustee, or other fiduciary for a prohibited foreign-party-controlled business.
(3) A prohibited foreign-party-controlled business that acquires non-agricultural land in violation of this section remains in violation as long as the prohibited foreign-party-controlled business holds an interest in the non-agricultural land.
(b) (1) A prohibited foreign-party-controlled business in violation of this section shall divest itself of the interest in non-agricultural land within two (2) years of the date the entity is found to be in violation. (2) If a prohibited foreign-party-controlled business does not divest itself of the interest in non-agricultural land as prescribed in subdivision (b)(1), then the attorney general and reporter may commence an action pursuant to § 66-2-307 .
(1) A prohibited foreign-party-controlled business in violation of this section shall divest itself of the interest in non-agricultural land within two (2) years of the date the entity is found to be in violation.
(2) If a prohibited foreign-party-controlled business does not divest itself of the interest in non-agricultural land as prescribed in subdivision (b)(1), then the attorney general and reporter may commence an action pursuant to § 66-2-307 .
(c) A violation of this section is a Class A misdemeanor, punishable by a fine of one thousand five hundred dollars ($1,500) or confinement for not more than eleven (11) months and twenty-nine (29) days, or both.
Amended by 2024 Tenn. Acts, ch. 995,s 1, eff. 1/1/2025.
Added by 2023 Tenn. Acts, ch. 369, s 3, eff. 7/1/2023.
Tenn. Code Ann. § 66-24-123 — TN Code / Title 66 / Chapter 24 / Section 66-24-123
Security trusts - Residence of trustee
Status: in_force

(a) For the purposes of this section, "security trust" includes a deed of trust, mortgage, bond or other instrument, entered into after July 1, 1990, under which the title to real or personal property, or both, wholly situated in this state, is conveyed, transferred, encumbered or pledged to secure the payment of money or the performance of an obligation. This section does not apply to security trusts applying to property partly situated in this state and partly situated outside this state, or to property situated in this state which, together with property situated outside this state, is the security for the performance of an obligation; nor shall such provisions apply to the creation, maintenance or administration of such a trust authorized or required by federal law or regulation relating to the governance, administration or regulation of a financial institution. (b) Except as provided in subsection (e): (1) A person not a resident of this state or whose principal place of employment is not in this state; and (2) Any corporation: (A) Not incorporated under the laws of this state or of the United States; and (B) With its principal place of business not in this state; may in either case be named or act, in person or by agent or attorney, as the trustee of a security trust, either individually or as one (1) of several trustees, regardless whether one (1) or more of such other trustees qualify to serve pursuant to this section, when and only to the extent that the state, territory or District of Columbia in which such individual resides or, with respect to a corporation, when and only to the extent that the state or states, territory or territories, or District of Columbia in which such corporation is organized and has its principal place of business, grants equivalent authority to residents of this state, individuals whose principal place of employment is in this state, and corporations incorporated under the laws of this state and whose principal place of business is within this state. (c) (1) The county, city or town in this state in which such trustee resides shall be sufficient statement of the residence address of such trustee. (2) Notwithstanding any other provisions of this section, if any security trust is admitted by a register of deeds for registration, it shall be conclusively presumed that such security trust complies with all the requirements of this section. (d) All deeds of trusts, mortgages, bonds or other instruments registered by the register of deeds without the residence address of the trustee or trustees named in the instrument shall be valid for all purposes as if such address had been named in the instrument, if such registration is otherwise valid according to the law then in force. (e) This section shall not apply to any person who is the spouse, parent, child, grandchild, brother or sister of the person conveying, transferring, encumbering or pledging title to real or personal property wholly situated in this state to secure the payment of money or the performance of an obligation. Acts 1990, ch. 1046, § 1; 1992, ch. 619, § 1; 1992, ch. 708, § 1.
(a) For the purposes of this section, "security trust" includes a deed of trust, mortgage, bond or other instrument, entered into after July 1, 1990, under which the title to real or personal property, or both, wholly situated in this state, is conveyed, transferred, encumbered or pledged to secure the payment of money or the performance of an obligation. This section does not apply to security trusts applying to property partly situated in this state and partly situated outside this state, or to property situated in this state which, together with property situated outside this state, is the security for the performance of an obligation; nor shall such provisions apply to the creation, maintenance or administration of such a trust authorized or required by federal law or regulation relating to the governance, administration or regulation of a financial institution.
(b) Except as provided in subsection (e): (1) A person not a resident of this state or whose principal place of employment is not in this state; and (2) Any corporation: (A) Not incorporated under the laws of this state or of the United States; and (B) With its principal place of business not in this state; may in either case be named or act, in person or by agent or attorney, as the trustee of a security trust, either individually or as one (1) of several trustees, regardless whether one (1) or more of such other trustees qualify to serve pursuant to this section, when and only to the extent that the state, territory or District of Columbia in which such individual resides or, with respect to a corporation, when and only to the extent that the state or states, territory or territories, or District of Columbia in which such corporation is organized and has its principal place of business, grants equivalent authority to residents of this state, individuals whose principal place of employment is in this state, and corporations incorporated under the laws of this state and whose principal place of business is within this state.
(1) A person not a resident of this state or whose principal place of employment is not in this state; and
(2) Any corporation: (A) Not incorporated under the laws of this state or of the United States; and (B) With its principal place of business not in this state; may in either case be named or act, in person or by agent or attorney, as the trustee of a security trust, either individually or as one (1) of several trustees, regardless whether one (1) or more of such other trustees qualify to serve pursuant to this section, when and only to the extent that the state, territory or District of Columbia in which such individual resides or, with respect to a corporation, when and only to the extent that the state or states, territory or territories, or District of Columbia in which such corporation is organized and has its principal place of business, grants equivalent authority to residents of this state, individuals whose principal place of employment is in this state, and corporations incorporated under the laws of this state and whose principal place of business is within this state.
(A) Not incorporated under the laws of this state or of the United States; and
(B) With its principal place of business not in this state; may in either case be named or act, in person or by agent or attorney, as the trustee of a security trust, either individually or as one (1) of several trustees, regardless whether one (1) or more of such other trustees qualify to serve pursuant to this section, when and only to the extent that the state, territory or District of Columbia in which such individual resides or, with respect to a corporation, when and only to the extent that the state or states, territory or territories, or District of Columbia in which such corporation is organized and has its principal place of business, grants equivalent authority to residents of this state, individuals whose principal place of employment is in this state, and corporations incorporated under the laws of this state and whose principal place of business is within this state.
may in either case be named or act, in person or by agent or attorney, as the trustee of a security trust, either individually or as one (1) of several trustees, regardless whether one (1) or more of such other trustees qualify to serve pursuant to this section, when and only to the extent that the state, territory or District of Columbia in which such individual resides or, with respect to a corporation, when and only to the extent that the state or states, territory or territories, or District of Columbia in which such corporation is organized and has its principal place of business, grants equivalent authority to residents of this state, individuals whose principal place of employment is in this state, and corporations incorporated under the laws of this state and whose principal place of business is within this state.
(c) (1) The county, city or town in this state in which such trustee resides shall be sufficient statement of the residence address of such trustee. (2) Notwithstanding any other provisions of this section, if any security trust is admitted by a register of deeds for registration, it shall be conclusively presumed that such security trust complies with all the requirements of this section.
(1) The county, city or town in this state in which such trustee resides shall be sufficient statement of the residence address of such trustee.
(2) Notwithstanding any other provisions of this section, if any security trust is admitted by a register of deeds for registration, it shall be conclusively presumed that such security trust complies with all the requirements of this section.
(d) All deeds of trusts, mortgages, bonds or other instruments registered by the register of deeds without the residence address of the trustee or trustees named in the instrument shall be valid for all purposes as if such address had been named in the instrument, if such registration is otherwise valid according to the law then in force.
(e) This section shall not apply to any person who is the spouse, parent, child, grandchild, brother or sister of the person conveying, transferring, encumbering or pledging title to real or personal property wholly situated in this state to secure the payment of money or the performance of an obligation.
Acts 1990, ch. 1046, § 1; 1992, ch. 619, § 1; 1992, ch. 708, § 1.
Tenn. Code Ann. § 66-27-403 — TN Code / Title 66 / Chapter 27 / Section 66-27-403
Board of directors and officers
Status: in_force

(a) Except as provided in the declaration, the bylaws, in subsection (b), or other provisions of part 2, part 3, this part and part 5 of this chapter, the board of directors may act in all instances on behalf of the association. In the performance of their duties, the officers and members of the board of directors are required to exercise: (1) If appointed by the declarant, the care required of fiduciaries of the unit owners; or (2) If elected by the unit owners, ordinary and reasonable care. (b) The board of directors may not act on behalf of the association to amend the declaration pursuant to § 66-27-317 , to terminate the condominium pursuant to § 66-27-318 , or to elect members of the board of directors or determine the qualifications, powers and duties, or terms of office of members of the board of directors pursuant to subsection (f), but the board of directors may fill vacancies in its membership for the unexpired portion of any term, and may elect members of the board of directors of a master association as provided in the declaration. (c) (1) Subject to subsection (d), the declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may appoint and remove the officers and members of the board of directors. Regardless of the period provided in the declaration, a period of declarant control terminates no later than the earlier of: (A) One hundred twenty (120) days after conveyance of seventy-five percent (75%) of the units that may be created to unit owners other than a declarant; or (B) Five (5) years after the conveyance of the first unit to a purchaser other than the declarant or, if more than one hundred (100) units may be created in the condominium, then seven (7) years after the first conveyance. (2) A declarant may voluntarily surrender the right to appoint and remove officers and members of the board of directors before termination of that period, but in that event the declarant may require, for the duration of the period of declarant control, that specified actions of the association or board of directors, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective. (d) Not later than one hundred twenty (120) days after conveyance of twenty-five percent (25%) of the units that may be created to unit owners other than a declarant, at least one (1) member of the board must be elected by unit owners other than the declarant. (e) Not later than the termination of any period of declarant control, the unit owners shall elect a board of directors of at least three (3) members, at least a majority of whom must be unit owners. The board of directors shall elect the officers. The board of directors and officers shall take office upon election. (f) Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds (2/3) vote of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the board of directors with or without cause, other than a member appointed by the declarant. (g) (1) If the board of directors oversees common elements with an aggregate replacement cost exceeding ten thousand dollars ($10,000) and has had a reserve study conducted on or after January 1, 2020, then the board shall have an updated reserve study conducted within five (5) years after the date the reserve study was conducted, and at least every five (5) years thereafter, for purposes of assessing the condition of and planning for repair and maintenance of the common elements. (2) If the board of directors oversees common elements with an aggregate replacement cost exceeding ten thousand dollars ($10,000) and has not had a reserve study conducted on or after January 1, 2020, then the board shall require that a reserve study be conducted on or before January 1, 2025, and shall update the study every five (5) years for purposes of assessing the condition of and planning for repair and maintenance of the common elements. (3) The board shall make a copy of the reserve study available to all common interest owners through electronic mail or by posting it on the community website. (4) This subsection (g) does not apply to a: (A) Board of directors controlled by a declarant; (B) Condominium titled to a single owner; or (C) Husband and wife who own such condominium as a tenancy by the entirety. (5) The board shall review the reserve funding annually for adequacy. Amended by 2023 Tenn. Acts, ch. 205, s 2, eff. 1/1/2024. Acts 2008 , ch. 766, § 1.
(a) Except as provided in the declaration, the bylaws, in subsection (b), or other provisions of part 2, part 3, this part and part 5 of this chapter, the board of directors may act in all instances on behalf of the association. In the performance of their duties, the officers and members of the board of directors are required to exercise: (1) If appointed by the declarant, the care required of fiduciaries of the unit owners; or (2) If elected by the unit owners, ordinary and reasonable care.
(1) If appointed by the declarant, the care required of fiduciaries of the unit owners; or
(2) If elected by the unit owners, ordinary and reasonable care.
(b) The board of directors may not act on behalf of the association to amend the declaration pursuant to § 66-27-317 , to terminate the condominium pursuant to § 66-27-318 , or to elect members of the board of directors or determine the qualifications, powers and duties, or terms of office of members of the board of directors pursuant to subsection (f), but the board of directors may fill vacancies in its membership for the unexpired portion of any term, and may elect members of the board of directors of a master association as provided in the declaration.
(c) (1) Subject to subsection (d), the declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may appoint and remove the officers and members of the board of directors. Regardless of the period provided in the declaration, a period of declarant control terminates no later than the earlier of: (A) One hundred twenty (120) days after conveyance of seventy-five percent (75%) of the units that may be created to unit owners other than a declarant; or (B) Five (5) years after the conveyance of the first unit to a purchaser other than the declarant or, if more than one hundred (100) units may be created in the condominium, then seven (7) years after the first conveyance. (2) A declarant may voluntarily surrender the right to appoint and remove officers and members of the board of directors before termination of that period, but in that event the declarant may require, for the duration of the period of declarant control, that specified actions of the association or board of directors, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective.
(1) Subject to subsection (d), the declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may appoint and remove the officers and members of the board of directors. Regardless of the period provided in the declaration, a period of declarant control terminates no later than the earlier of: (A) One hundred twenty (120) days after conveyance of seventy-five percent (75%) of the units that may be created to unit owners other than a declarant; or (B) Five (5) years after the conveyance of the first unit to a purchaser other than the declarant or, if more than one hundred (100) units may be created in the condominium, then seven (7) years after the first conveyance.
(A) One hundred twenty (120) days after conveyance of seventy-five percent (75%) of the units that may be created to unit owners other than a declarant; or
(B) Five (5) years after the conveyance of the first unit to a purchaser other than the declarant or, if more than one hundred (100) units may be created in the condominium, then seven (7) years after the first conveyance.
(2) A declarant may voluntarily surrender the right to appoint and remove officers and members of the board of directors before termination of that period, but in that event the declarant may require, for the duration of the period of declarant control, that specified actions of the association or board of directors, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective.
(d) Not later than one hundred twenty (120) days after conveyance of twenty-five percent (25%) of the units that may be created to unit owners other than a declarant, at least one (1) member of the board must be elected by unit owners other than the declarant.
(e) Not later than the termination of any period of declarant control, the unit owners shall elect a board of directors of at least three (3) members, at least a majority of whom must be unit owners. The board of directors shall elect the officers. The board of directors and officers shall take office upon election.
(f) Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds (2/3) vote of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the board of directors with or without cause, other than a member appointed by the declarant.
(g) (1) If the board of directors oversees common elements with an aggregate replacement cost exceeding ten thousand dollars ($10,000) and has had a reserve study conducted on or after January 1, 2020, then the board shall have an updated reserve study conducted within five (5) years after the date the reserve study was conducted, and at least every five (5) years thereafter, for purposes of assessing the condition of and planning for repair and maintenance of the common elements. (2) If the board of directors oversees common elements with an aggregate replacement cost exceeding ten thousand dollars ($10,000) and has not had a reserve study conducted on or after January 1, 2020, then the board shall require that a reserve study be conducted on or before January 1, 2025, and shall update the study every five (5) years for purposes of assessing the condition of and planning for repair and maintenance of the common elements. (3) The board shall make a copy of the reserve study available to all common interest owners through electronic mail or by posting it on the community website. (4) This subsection (g) does not apply to a: (A) Board of directors controlled by a declarant; (B) Condominium titled to a single owner; or (C) Husband and wife who own such condominium as a tenancy by the entirety. (5) The board shall review the reserve funding annually for adequacy.
(1) If the board of directors oversees common elements with an aggregate replacement cost exceeding ten thousand dollars ($10,000) and has had a reserve study conducted on or after January 1, 2020, then the board shall have an updated reserve study conducted within five (5) years after the date the reserve study was conducted, and at least every five (5) years thereafter, for purposes of assessing the condition of and planning for repair and maintenance of the common elements.
(2) If the board of directors oversees common elements with an aggregate replacement cost exceeding ten thousand dollars ($10,000) and has not had a reserve study conducted on or after January 1, 2020, then the board shall require that a reserve study be conducted on or before January 1, 2025, and shall update the study every five (5) years for purposes of assessing the condition of and planning for repair and maintenance of the common elements.
(3) The board shall make a copy of the reserve study available to all common interest owners through electronic mail or by posting it on the community website.
(4) This subsection (g) does not apply to a: (A) Board of directors controlled by a declarant; (B) Condominium titled to a single owner; or (C) Husband and wife who own such condominium as a tenancy by the entirety.
(A) Board of directors controlled by a declarant;
(B) Condominium titled to a single owner; or
(C) Husband and wife who own such condominium as a tenancy by the entirety.
(5) The board shall review the reserve funding annually for adequacy.
Amended by 2023 Tenn. Acts, ch. 205, s 2, eff. 1/1/2024.
Acts 2008 , ch. 766, § 1.
Tenn. Code Ann. § 66-7-103 — TN Code / Title 66 / Chapter 7 / Section 66-7-103
Maximum term of oil and gas leases
Status: in_force

(a) (1) Any lease of oil or natural gas rights or any other conveyance of any kind separating such rights from the freehold estate of land shall expire at the end of ten (10) years from the date executed, unless, at the end of such ten (10) years, natural gas or oil is being produced from such land for commercial purposes. If, at any time after the ten-year period, commercial production of oil or natural gas is terminated for a period of six (6) months, all such rights shall revert to the owner of the estate out of which the leasehold estate was carved. No assignment or agreement to waive this subsection (a) shall be valid or enforceable. (2) This subsection (a) shall not be construed to affect the validity or the expiration date of any lease or other instrument executed prior to March 16, 1939, nor shall it be construed to affect the validity or the expiration date of any lease, conveyance or other instrument insofar as it may convey underground natural gas storage rights, or otherwise separate such rights from the freehold estate, whenever executed. (b) (1) For a period of one (1) year after the ten-year period provided for in subsection (a) has expired, "production," as used in subsection (a), includes the actual production of minerals under any lease hereof or by the owner of any mineral interest, or when operations are being conducted by any owner of a lease or mineral interest for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances, or when rentals or royalties are being paid by the owner of such leases for the purpose of delaying or enjoying the use of exercise of the rights thereunder or when the same is being carried out on any tract with which such leasehold interest may be unitized or pooled for production purposes. During the one-year period provided for in this subsection (b), any act by the owner of any leasehold or mineral interest pursuant to or authorized by the instrument creating such interest shall be effective to continue in force all rights granted by such instrument, notwithstanding subsection (a). (2) This subsection (b) applies to a drilling unit of no more than the number of acres provided for under the pooling clause of the lease and provided there is compliance with the rules of the Tennessee oil and gas board as set forth in paragraph 1040-02-04 of such rules (well spacing). Acts 1939, ch. 89, §§ 1-3; C. Supp. 1950, § 7620.1 (Williams, § 7620.1); Acts 1963, ch. 69, § 1; 1978, ch. 945, §§1, 2; T.C.A. (orig. ed.), § 64-704.
(a) (1) Any lease of oil or natural gas rights or any other conveyance of any kind separating such rights from the freehold estate of land shall expire at the end of ten (10) years from the date executed, unless, at the end of such ten (10) years, natural gas or oil is being produced from such land for commercial purposes. If, at any time after the ten-year period, commercial production of oil or natural gas is terminated for a period of six (6) months, all such rights shall revert to the owner of the estate out of which the leasehold estate was carved. No assignment or agreement to waive this subsection (a) shall be valid or enforceable. (2) This subsection (a) shall not be construed to affect the validity or the expiration date of any lease or other instrument executed prior to March 16, 1939, nor shall it be construed to affect the validity or the expiration date of any lease, conveyance or other instrument insofar as it may convey underground natural gas storage rights, or otherwise separate such rights from the freehold estate, whenever executed.
(1) Any lease of oil or natural gas rights or any other conveyance of any kind separating such rights from the freehold estate of land shall expire at the end of ten (10) years from the date executed, unless, at the end of such ten (10) years, natural gas or oil is being produced from such land for commercial purposes. If, at any time after the ten-year period, commercial production of oil or natural gas is terminated for a period of six (6) months, all such rights shall revert to the owner of the estate out of which the leasehold estate was carved. No assignment or agreement to waive this subsection (a) shall be valid or enforceable.
(2) This subsection (a) shall not be construed to affect the validity or the expiration date of any lease or other instrument executed prior to March 16, 1939, nor shall it be construed to affect the validity or the expiration date of any lease, conveyance or other instrument insofar as it may convey underground natural gas storage rights, or otherwise separate such rights from the freehold estate, whenever executed.
(b) (1) For a period of one (1) year after the ten-year period provided for in subsection (a) has expired, "production," as used in subsection (a), includes the actual production of minerals under any lease hereof or by the owner of any mineral interest, or when operations are being conducted by any owner of a lease or mineral interest for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances, or when rentals or royalties are being paid by the owner of such leases for the purpose of delaying or enjoying the use of exercise of the rights thereunder or when the same is being carried out on any tract with which such leasehold interest may be unitized or pooled for production purposes. During the one-year period provided for in this subsection (b), any act by the owner of any leasehold or mineral interest pursuant to or authorized by the instrument creating such interest shall be effective to continue in force all rights granted by such instrument, notwithstanding subsection (a). (2) This subsection (b) applies to a drilling unit of no more than the number of acres provided for under the pooling clause of the lease and provided there is compliance with the rules of the Tennessee oil and gas board as set forth in paragraph 1040-02-04 of such rules (well spacing).
(1) For a period of one (1) year after the ten-year period provided for in subsection (a) has expired, "production," as used in subsection (a), includes the actual production of minerals under any lease hereof or by the owner of any mineral interest, or when operations are being conducted by any owner of a lease or mineral interest for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances, or when rentals or royalties are being paid by the owner of such leases for the purpose of delaying or enjoying the use of exercise of the rights thereunder or when the same is being carried out on any tract with which such leasehold interest may be unitized or pooled for production purposes. During the one-year period provided for in this subsection (b), any act by the owner of any leasehold or mineral interest pursuant to or authorized by the instrument creating such interest shall be effective to continue in force all rights granted by such instrument, notwithstanding subsection (a).
(2) This subsection (b) applies to a drilling unit of no more than the number of acres provided for under the pooling clause of the lease and provided there is compliance with the rules of the Tennessee oil and gas board as set forth in paragraph 1040-02-04 of such rules (well spacing).
Acts 1939, ch. 89, §§ 1-3; C. Supp. 1950, § 7620.1 (Williams, § 7620.1); Acts 1963, ch. 69, § 1; 1978, ch. 945, §§1, 2; T.C.A. (orig. ed.), § 64-704.
Tenn. Code Ann. § 66-24-117 — TN Code / Title 66 / Chapter 24 / Section 66-24-117
Master form of mortgage clauses
Status: in_force

(a) An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a mortgage or deed of trust may be recorded in the registry of deeds of any county and the recorder of such county, upon the request of any person, on tender of the lawful fees therefor, shall record the same in the recorder's registry. Every such instrument shall be entitled on the face thereof as a "Master Form recorded by ______________ (name of person causing the instrument to be recorded)." Such instrument need not be acknowledged to be entitled to record. (b) When the instrument is recorded, the recorder shall index the instrument under the name of the person causing it to be recorded in the manner provided for miscellaneous instruments relating to real estate. (c) (1) After the recording of a master form pursuant to subsection (a) any or all of the provisions thereof may be incorporated by reference in a mortgage or deed of trust of real property situated within this state, provided: (A) The master form has been previously recorded in the same county; (B) The reference includes the date, the book volume, and the page or pages where the master form has been recorded; and (C) A copy of the master form has been furnished to each of the persons executing the mortgage or deed of trust; provided, that if the mortgage or deed of trust contains a recitation or acknowledgment that the copy has been furnished, such recitation or acknowledgment shall be conclusive proof that such copy has been furnished. (2) The recording of any mortgage or deed of trust which has so incorporated therein by reference any of the provisions of such master form shall have like effect as if such provisions had been set forth fully in the mortgage or deed of trust. (d) (1) Whenever a mortgage or deed of trust is presented for recording which contains a verbatim copy of one (1) or more provisions of a master form previously recorded in the same county in conformity with subsection (a), the register shall not record such copied provisions, nor charge the recording fees therefor, unless requested to re-record the same by the person offering the instrument for recording, notwithstanding any statute or custom requiring the recording of the entirety of any instrument accepted for recording; provided, that: (A) Such mortgage or deed of trust shall, in the portion designated for recording, contain a proper reference to the date, volume, and page of the recording of the master form which contains the copied provisions; and (B) The copied provisions: (i) Are appropriately physically separated from the other provisions in such a way as to make it feasible to omit the same when the recording is done photographically; and (ii) Are appropriately preceded by a notation direction to the effect of "do not record" or "not to be recorded." (2) Any register of deeds who follows the above procedures in the performance of these duties shall not be liable for so doing, any other law to the contrary notwithstanding. Acts 1967, ch. 334, § 1; T.C.A., §§ 64-2419 -- 64-2922.
(a) An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a mortgage or deed of trust may be recorded in the registry of deeds of any county and the recorder of such county, upon the request of any person, on tender of the lawful fees therefor, shall record the same in the recorder's registry. Every such instrument shall be entitled on the face thereof as a "Master Form recorded by ______________ (name of person causing the instrument to be recorded)." Such instrument need not be acknowledged to be entitled to record.
(b) When the instrument is recorded, the recorder shall index the instrument under the name of the person causing it to be recorded in the manner provided for miscellaneous instruments relating to real estate.
(c) (1) After the recording of a master form pursuant to subsection (a) any or all of the provisions thereof may be incorporated by reference in a mortgage or deed of trust of real property situated within this state, provided: (A) The master form has been previously recorded in the same county; (B) The reference includes the date, the book volume, and the page or pages where the master form has been recorded; and (C) A copy of the master form has been furnished to each of the persons executing the mortgage or deed of trust; provided, that if the mortgage or deed of trust contains a recitation or acknowledgment that the copy has been furnished, such recitation or acknowledgment shall be conclusive proof that such copy has been furnished. (2) The recording of any mortgage or deed of trust which has so incorporated therein by reference any of the provisions of such master form shall have like effect as if such provisions had been set forth fully in the mortgage or deed of trust.
(1) After the recording of a master form pursuant to subsection (a) any or all of the provisions thereof may be incorporated by reference in a mortgage or deed of trust of real property situated within this state, provided: (A) The master form has been previously recorded in the same county; (B) The reference includes the date, the book volume, and the page or pages where the master form has been recorded; and (C) A copy of the master form has been furnished to each of the persons executing the mortgage or deed of trust; provided, that if the mortgage or deed of trust contains a recitation or acknowledgment that the copy has been furnished, such recitation or acknowledgment shall be conclusive proof that such copy has been furnished.
(A) The master form has been previously recorded in the same county;
(B) The reference includes the date, the book volume, and the page or pages where the master form has been recorded; and
(C) A copy of the master form has been furnished to each of the persons executing the mortgage or deed of trust; provided, that if the mortgage or deed of trust contains a recitation or acknowledgment that the copy has been furnished, such recitation or acknowledgment shall be conclusive proof that such copy has been furnished.
(2) The recording of any mortgage or deed of trust which has so incorporated therein by reference any of the provisions of such master form shall have like effect as if such provisions had been set forth fully in the mortgage or deed of trust.
(d) (1) Whenever a mortgage or deed of trust is presented for recording which contains a verbatim copy of one (1) or more provisions of a master form previously recorded in the same county in conformity with subsection (a), the register shall not record such copied provisions, nor charge the recording fees therefor, unless requested to re-record the same by the person offering the instrument for recording, notwithstanding any statute or custom requiring the recording of the entirety of any instrument accepted for recording; provided, that: (A) Such mortgage or deed of trust shall, in the portion designated for recording, contain a proper reference to the date, volume, and page of the recording of the master form which contains the copied provisions; and (B) The copied provisions: (i) Are appropriately physically separated from the other provisions in such a way as to make it feasible to omit the same when the recording is done photographically; and (ii) Are appropriately preceded by a notation direction to the effect of "do not record" or "not to be recorded." (2) Any register of deeds who follows the above procedures in the performance of these duties shall not be liable for so doing, any other law to the contrary notwithstanding.
(1) Whenever a mortgage or deed of trust is presented for recording which contains a verbatim copy of one (1) or more provisions of a master form previously recorded in the same county in conformity with subsection (a), the register shall not record such copied provisions, nor charge the recording fees therefor, unless requested to re-record the same by the person offering the instrument for recording, notwithstanding any statute or custom requiring the recording of the entirety of any instrument accepted for recording; provided, that: (A) Such mortgage or deed of trust shall, in the portion designated for recording, contain a proper reference to the date, volume, and page of the recording of the master form which contains the copied provisions; and (B) The copied provisions: (i) Are appropriately physically separated from the other provisions in such a way as to make it feasible to omit the same when the recording is done photographically; and (ii) Are appropriately preceded by a notation direction to the effect of "do not record" or "not to be recorded."
(A) Such mortgage or deed of trust shall, in the portion designated for recording, contain a proper reference to the date, volume, and page of the recording of the master form which contains the copied provisions; and
(B) The copied provisions: (i) Are appropriately physically separated from the other provisions in such a way as to make it feasible to omit the same when the recording is done photographically; and (ii) Are appropriately preceded by a notation direction to the effect of "do not record" or "not to be recorded."
(i) Are appropriately physically separated from the other provisions in such a way as to make it feasible to omit the same when the recording is done photographically; and
(ii) Are appropriately preceded by a notation direction to the effect of "do not record" or "not to be recorded."
(2) Any register of deeds who follows the above procedures in the performance of these duties shall not be liable for so doing, any other law to the contrary notwithstanding.
Acts 1967, ch. 334, § 1; T.C.A., §§ 64-2419 -- 64-2922.
Tenn. Code Ann. § 66-27-105 — TN Code / Title 66 / Chapter 27 / Section 66-27-105
Joint ownership
Status: in_force

Any apartment may be held and owned by more than one (1) person, as tenants in common, as tenants by the entirety, or in any other real estate tenancy relationship recognized under the laws of the state. Acts 1963, ch. 124, § 5; T.C.A., § 64-2705.
Any apartment may be held and owned by more than one (1) person, as tenants in common, as tenants by the entirety, or in any other real estate tenancy relationship recognized under the laws of the state.
Acts 1963, ch. 124, § 5; T.C.A., § 64-2705.
Tenn. Code Ann. § 66-29-303 — TN Code / Title 66 / Chapter 29 / Section 66-29-303
Retention, trade, sale, or disposal of aircraft by airport authority
Status: in_force

(a) If, after thirty (30) calendar days of the owner or other interested party receiving the notice or after thirty (30) calendar days of posting the notice on the aircraft, the owner or other interested party has not removed the aircraft from the airport and paid in full all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft, or shown reasonable cause for the failure to do so, the airport authority may: (1) Retain the aircraft for use by the airport, the state, or the unit of local government owning or operating the airport; (2) Trade the aircraft to another unit of local government or a state agency; (3) Sell the property; or (4) Dispose of the property through an appropriate refuse removal company or a company that provides salvage services for aircraft. (b) If the airport authority elects to sell the aircraft in accordance with subdivision (a)(3), the aircraft shall be sold at public auction after giving notice of the time and place of sale, at least ten (10) calendar days prior to the date of sale, in a newspaper of general circulation within the county where the airport is located and after providing written notice of the intended sale to all parties known to have an interest in the aircraft. (c) If the airport authority elects to dispose of the aircraft in accordance with subdivision (a)(4), the airport authority shall be entitled to negotiate with the company for a price to be received from the company in payment for the aircraft, or, if circumstances so warrant, a price to be paid to the company by the airport authority for the costs of disposing of the aircraft. All information and records pertaining to the establishment of the price and the justification for the amount of the price shall be prepared and maintained by the airport authority. (d) If the sale price or the negotiated price is less than the airport authority's then current fees and charges against the aircraft, the owner of the aircraft shall remain liable to the airport authority for the fees and charges that are not offset by the sale price or negotiated price. (e) All costs incurred by the airport authority in the removal, storage, and sale of any aircraft shall be recoverable against the owner of the aircraft. Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
(a) If, after thirty (30) calendar days of the owner or other interested party receiving the notice or after thirty (30) calendar days of posting the notice on the aircraft, the owner or other interested party has not removed the aircraft from the airport and paid in full all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft, or shown reasonable cause for the failure to do so, the airport authority may: (1) Retain the aircraft for use by the airport, the state, or the unit of local government owning or operating the airport; (2) Trade the aircraft to another unit of local government or a state agency; (3) Sell the property; or (4) Dispose of the property through an appropriate refuse removal company or a company that provides salvage services for aircraft.
(1) Retain the aircraft for use by the airport, the state, or the unit of local government owning or operating the airport;
(2) Trade the aircraft to another unit of local government or a state agency;
(3) Sell the property; or
(4) Dispose of the property through an appropriate refuse removal company or a company that provides salvage services for aircraft.
(b) If the airport authority elects to sell the aircraft in accordance with subdivision (a)(3), the aircraft shall be sold at public auction after giving notice of the time and place of sale, at least ten (10) calendar days prior to the date of sale, in a newspaper of general circulation within the county where the airport is located and after providing written notice of the intended sale to all parties known to have an interest in the aircraft.
(c) If the airport authority elects to dispose of the aircraft in accordance with subdivision (a)(4), the airport authority shall be entitled to negotiate with the company for a price to be received from the company in payment for the aircraft, or, if circumstances so warrant, a price to be paid to the company by the airport authority for the costs of disposing of the aircraft. All information and records pertaining to the establishment of the price and the justification for the amount of the price shall be prepared and maintained by the airport authority.
(d) If the sale price or the negotiated price is less than the airport authority's then current fees and charges against the aircraft, the owner of the aircraft shall remain liable to the airport authority for the fees and charges that are not offset by the sale price or negotiated price.
(e) All costs incurred by the airport authority in the removal, storage, and sale of any aircraft shall be recoverable against the owner of the aircraft.
Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
Tenn. Code Ann. § 66-7-107 — TN Code / Title 66 / Chapter 7 / Section 66-7-107
Termination for knowing controlled substance or prostitution violations
Status: in_force

(a) (1) An occupant's tenancy may be terminated where the premises or the area immediately surrounding the premises is knowingly used or occupied in whole or in part to violate § 39-13-513 , § 39-13-515 or § 39-17-417 . (2) The identity of any person who provides evidence or other information that results in an eviction or other termination of residency pursuant to this section shall be kept confidential and shall not be made a public record by the law enforcement agency or the district attorney general. (b) The district attorney general for the district in which the real property is located may serve personally upon the owner or landlord of the premises so used or occupied, or upon the owner's or landlord's agent, or may send by registered return receipt or certified return receipt mail, a written notice requiring the owner or landlord to inform such district attorney general in writing of the owner's or landlord's intent to diligently and in good faith seek the eviction of the tenants or occupants so using or occupying the premises. If the owner or landlord or the owner's or landlord's agent does not so inform such district attorney general in writing within five (5) days of receiving written notice or, having so done, does not in good faith diligently prosecute such eviction, the district attorney general may bring a proceeding under this section in general sessions court, specifically including any general sessions court designated as an environmental court, or circuit court for such eviction as though the district attorney general was the owner or landlord of the premises, and such proceeding shall have precedence over any similar proceeding thereafter brought by such owner or landlord or to a proceeding previously brought by such owner or landlord and not prosecuted diligently and in good faith. The person in possession of the property and the owner or landlord shall be made respondents in such a proceeding. (c) A court granting relief pursuant to this section may order, in addition to any other costs provided by law, the payment by the respondent or respondents of reasonable attorney fees and the prepaid costs of the proceeding to the district attorney general. In such cases, multiple respondents are jointly and severally liable for any payment so ordered. Any costs collected shall be remitted to the office of the district attorney general, and any attorney fees collected shall be remitted to the general fund of the county where the proceeding occurred. (d) A proceeding brought under this section for possession of the premises does not preclude the owner or landlord from recovering monetary damages from the tenants or occupants of such premises in a civil action. (e) The owner or landlord of the real property is obligated to pay the costs required to physically remove the tenant's personal belongings from the rental property in compliance with an eviction order of the court in all eviction proceedings brought under this section by the district attorney general; such costs not to exceed two hundred dollars ($200) for each such eviction order. Acts 1997 , ch. 203, § 1; 1998, ch. 703, § 1; 1998, ch. 885, § 1; 1999, ch. 319, § 1; 2000, ch. 591, §1; 2003 , ch. 133, § 1.
(a) (1) An occupant's tenancy may be terminated where the premises or the area immediately surrounding the premises is knowingly used or occupied in whole or in part to violate § 39-13-513 , § 39-13-515 or § 39-17-417 . (2) The identity of any person who provides evidence or other information that results in an eviction or other termination of residency pursuant to this section shall be kept confidential and shall not be made a public record by the law enforcement agency or the district attorney general.
(1) An occupant's tenancy may be terminated where the premises or the area immediately surrounding the premises is knowingly used or occupied in whole or in part to violate § 39-13-513 , § 39-13-515 or § 39-17-417 .
(2) The identity of any person who provides evidence or other information that results in an eviction or other termination of residency pursuant to this section shall be kept confidential and shall not be made a public record by the law enforcement agency or the district attorney general.
(b) The district attorney general for the district in which the real property is located may serve personally upon the owner or landlord of the premises so used or occupied, or upon the owner's or landlord's agent, or may send by registered return receipt or certified return receipt mail, a written notice requiring the owner or landlord to inform such district attorney general in writing of the owner's or landlord's intent to diligently and in good faith seek the eviction of the tenants or occupants so using or occupying the premises. If the owner or landlord or the owner's or landlord's agent does not so inform such district attorney general in writing within five (5) days of receiving written notice or, having so done, does not in good faith diligently prosecute such eviction, the district attorney general may bring a proceeding under this section in general sessions court, specifically including any general sessions court designated as an environmental court, or circuit court for such eviction as though the district attorney general was the owner or landlord of the premises, and such proceeding shall have precedence over any similar proceeding thereafter brought by such owner or landlord or to a proceeding previously brought by such owner or landlord and not prosecuted diligently and in good faith. The person in possession of the property and the owner or landlord shall be made respondents in such a proceeding.
(c) A court granting relief pursuant to this section may order, in addition to any other costs provided by law, the payment by the respondent or respondents of reasonable attorney fees and the prepaid costs of the proceeding to the district attorney general. In such cases, multiple respondents are jointly and severally liable for any payment so ordered. Any costs collected shall be remitted to the office of the district attorney general, and any attorney fees collected shall be remitted to the general fund of the county where the proceeding occurred.
(d) A proceeding brought under this section for possession of the premises does not preclude the owner or landlord from recovering monetary damages from the tenants or occupants of such premises in a civil action.
(e) The owner or landlord of the real property is obligated to pay the costs required to physically remove the tenant's personal belongings from the rental property in compliance with an eviction order of the court in all eviction proceedings brought under this section by the district attorney general; such costs not to exceed two hundred dollars ($200) for each such eviction order.
Acts 1997 , ch. 203, § 1; 1998, ch. 703, § 1; 1998, ch. 885, § 1; 1999, ch. 319, § 1; 2000, ch. 591, §1; 2003 , ch. 133, § 1.
Tenn. Code Ann. § 66-29-160 — TN Code / Title 66 / Chapter 29 / Section 66-29-160
Evidence of unpaid debt or undischarged obligation
Status: in_force

(a) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation. (b) A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation with respect to such debt or obligation or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder. (c) A putative holder may overcome prima facie evidence under subsection (a) by establishing by a preponderance of the evidence that a check, draft, or similar instrument was: (1) Issued as an unaccepted offer in settlement of an unliquidated amount; (2) Issued but later replaced with another instrument because the earlier instrument was lost or contained errors that were corrected; (3) Issued to a party affiliated with the issuer; (4) Paid, satisfied, or discharged; (5) Issued in error; (6) Issued without consideration; (7) Voided within a reasonable time after issuance for a valid business reason set forth in a contemporaneous record; or (8) Issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance. (d) In asserting a defense under this section, a putative holder may present evidence of a course of dealing or custom and practice between the putative holder and the apparent owner. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.
(b) A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation with respect to such debt or obligation or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.
(c) A putative holder may overcome prima facie evidence under subsection (a) by establishing by a preponderance of the evidence that a check, draft, or similar instrument was: (1) Issued as an unaccepted offer in settlement of an unliquidated amount; (2) Issued but later replaced with another instrument because the earlier instrument was lost or contained errors that were corrected; (3) Issued to a party affiliated with the issuer; (4) Paid, satisfied, or discharged; (5) Issued in error; (6) Issued without consideration; (7) Voided within a reasonable time after issuance for a valid business reason set forth in a contemporaneous record; or (8) Issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.
(1) Issued as an unaccepted offer in settlement of an unliquidated amount;
(2) Issued but later replaced with another instrument because the earlier instrument was lost or contained errors that were corrected;
(3) Issued to a party affiliated with the issuer;
(4) Paid, satisfied, or discharged;
(5) Issued in error;
(6) Issued without consideration;
(7) Voided within a reasonable time after issuance for a valid business reason set forth in a contemporaneous record; or
(8) Issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.
(d) In asserting a defense under this section, a putative holder may present evidence of a course of dealing or custom and practice between the putative holder and the apparent owner.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-31-105 — TN Code / Title 66 / Chapter 31 / Section 66-31-105
Enforcement of lien
Status: in_force

The enforcement of the owner's lien against an occupant who is in default may be done in accordance with either or both of the following procedures: (1) In the case of short term default, denial of access: (A) Upon the failure of an occupant to pay the rent for the storage space or unit when it becomes due, the owner may, without notice, deny the occupant access to the personal property located in the self-service storage facility or self-contained storage unit, and the owner without notice, not less than five (5) days after the date the rent is due, may enter and remove the personal property from the leased space to other suitable storage space pending its sale or other disposition; and (B) The owner shall notify the occupant of the owner's intent to enforce the owner's lien by written notice delivered by hand delivery, by verified mail, or by electronic mail to the occupant's last known address; or (2) In the case of long term default, which is a continuous fifteen (15) days, the owner may enforce the owner's lien in accordance with the following procedures: (A) The occupant shall be notified in writing; (B) The notice shall be delivered by hand delivery, by verified mail, or by electronic mail to the occupant's last known address; (C) The notice shall include: (i) An itemized statement of the owner's claim showing the sum due at the time of the notice and the date when the sum became due; (ii) A demand for payment of the sum due within a specified time not less than thirty (30) days after the date of the notice and a statement of the approximate additional expenses which may be incurred between the date of the notice and the date of the sale; (iii) A statement that the contents of the occupant's leased space are subject to the owner's lien; (iv) If the owner elects to deny the occupant access to the leased space or elects to enter and/or remove the occupant's personal property from the leased space to other suitable storage space, a statement so advising the occupant shall be included in the notice; (v) The name, street address and telephone number of the owner or designated agent whom the occupant may contact to respond to the notice; and (vi) A conspicuous statement that unless the claim is paid within the time stated, the personal property will be advertised for sale or will be otherwise disposed of at a specified time and place, not sooner than sixty (60) days after default; (D) Any sale or other disposition of the personal property shall conform to the terms of the notification as provided for in this section. If the personal property is advertised for sale and the sale is not consummated, the owner shall give written notice to the occupant of other disposition of the personal property; (E) Any sale or other disposition of the personal property must be held at the self-service storage facility, online, or at the nearest suitable place to where the personal property is held or stored; (F) After expiration of the time stated in the notice and if the personal property has not otherwise been disposed, the owner shall advertise the sale of the personal property in a commercially reasonable manner. The manner of advertisement is deemed commercially reasonable if not less than three (3) potential bidders participate in the sale at the time and place advertised. The advertisement of sale may include, but not be limited to, the publishing one (1) time before the date of the sale of the personal property in a newspaper of general circulation that serves the area where the self-storage facility is located. An advertisement must include: (i) A statement that the contents of the occupant's leased space shall be sold to satisfy the owner's lien; (ii) The address of the self-service storage facility and the number or other description, if any, of the space where the personal property is located and the name of the occupant; and (iii) The time, place, and manner of the sale; (G) Before any sale or other disposition of personal property pursuant to this section, the occupant may pay the amount necessary to satisfy the owner's lien and the reasonable expenses incurred under this section and thereby redeem the personal property. Upon the payment and satisfaction of the amount necessary to satisfy the lien, the owner shall return the personal property and thereafter the owner shall have no liability to any person with respect to such personal property; (H) The owner may buy at any sale of personal property to enforce the owner's lien; (I) A purchaser in good faith of the personal property sold to satisfy the owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the owner with the requirements of this section; (J) In the event of a sale under this section, the owner may satisfy the owner's lien and the expenses of such sale from the proceeds of the sale but shall hold the balance, if any, for delivery on demand to the occupant. If the occupant does not claim the balance of the proceeds within one (1) year of the date of the sale, such balance shall be deemed to be abandoned, and the owner shall pay such balance to the state treasurer who shall receive, hold and dispose of same in accordance with the Uniform Unclaimed Property Act, compiled in chapter 29, part 1 of this title; (K) If the property upon which the lien is claimed is a vehicle and rent and other charges related to the property remain unpaid or unsatisfied for sixty (60) days after the maturity of the obligation to pay rent, the facility owner may utilize either of the following options: (i) The facility owner may have the property towed. If a vehicle is towed as authorized in this subdivision (2)(K)(i), the owner shall not be liable for the vehicle or any damages to the vehicle once the tower takes possession of the property; or (ii) The facility owner shall contact the appropriate division in such manner as the division prescribes for the purposes of determining the existence and identity of any lien holder and the name and address of the owner of the vehicle as shown in the division's records. If the vehicle is a motor vehicle, then the facility owner may also contact the county clerk for the purposes of determining the existence and identity of any lien holder and the name and address of the owner of the motor vehicle as shown in the county clerk's records. Within ten (10) days of receipt of the information concerning any lien holder and the owner of the motor vehicle, as shown in the division's or county clerk's records, the facility owner shall send a written notice to any lien holder and to the motor vehicle owner, if the motor vehicle owner is not the occupant, by verified mail, stating that: (a) Such vehicle is being held by the facility owner; (b) A lien has attached pursuant to this chapter; and (c) Payment shall be made within thirty (30) days after notification to satisfy the lien. The vehicle owner or lien holder may pay the balance owed and take possession of the vehicle. If the owner or lien holder does not satisfy the lien, the facility owner may sell the vehicle in any manner, including but not limited to, public auction; (L) The owner's liability arising from the sale is limited to the net proceeds received from the sale of the personal property; (M) The owner is not liable for identity theft or other harm resulting from the misuse of information contained in a document or electronic storage media: (i) That are part of the occupant's property sold or otherwise disposed; and (ii) Of which the owner did not have actual knowledge; and (N) An owner shall not be entitled to any remedies provided by this chapter, including but not limited to, enforcement of a lien against an occupant, if: (i) The requirements of this section are not satisfied; (ii) The sale of the personal property located in the leased space is not in conformity with subdivision (2)(F); or (iii) There is a willful violation of this chapter. Amended by 2020 Tenn. Acts, ch. 674, Secs.s1, s2, s3 eff. 7/1/2020. Acts 1980, ch. 717, § 5; T.C.A., §64-3105; Acts 2011 , ch. 131, §§ 9-17; 2017 Pub.Acts, c. 457, §2, eff. 7/1/2017.
The enforcement of the owner's lien against an occupant who is in default may be done in accordance with either or both of the following procedures:
(1) In the case of short term default, denial of access: (A) Upon the failure of an occupant to pay the rent for the storage space or unit when it becomes due, the owner may, without notice, deny the occupant access to the personal property located in the self-service storage facility or self-contained storage unit, and the owner without notice, not less than five (5) days after the date the rent is due, may enter and remove the personal property from the leased space to other suitable storage space pending its sale or other disposition; and (B) The owner shall notify the occupant of the owner's intent to enforce the owner's lien by written notice delivered by hand delivery, by verified mail, or by electronic mail to the occupant's last known address; or
(A) Upon the failure of an occupant to pay the rent for the storage space or unit when it becomes due, the owner may, without notice, deny the occupant access to the personal property located in the self-service storage facility or self-contained storage unit, and the owner without notice, not less than five (5) days after the date the rent is due, may enter and remove the personal property from the leased space to other suitable storage space pending its sale or other disposition; and
(B) The owner shall notify the occupant of the owner's intent to enforce the owner's lien by written notice delivered by hand delivery, by verified mail, or by electronic mail to the occupant's last known address; or
(2) In the case of long term default, which is a continuous fifteen (15) days, the owner may enforce the owner's lien in accordance with the following procedures: (A) The occupant shall be notified in writing; (B) The notice shall be delivered by hand delivery, by verified mail, or by electronic mail to the occupant's last known address; (C) The notice shall include: (i) An itemized statement of the owner's claim showing the sum due at the time of the notice and the date when the sum became due; (ii) A demand for payment of the sum due within a specified time not less than thirty (30) days after the date of the notice and a statement of the approximate additional expenses which may be incurred between the date of the notice and the date of the sale; (iii) A statement that the contents of the occupant's leased space are subject to the owner's lien; (iv) If the owner elects to deny the occupant access to the leased space or elects to enter and/or remove the occupant's personal property from the leased space to other suitable storage space, a statement so advising the occupant shall be included in the notice; (v) The name, street address and telephone number of the owner or designated agent whom the occupant may contact to respond to the notice; and (vi) A conspicuous statement that unless the claim is paid within the time stated, the personal property will be advertised for sale or will be otherwise disposed of at a specified time and place, not sooner than sixty (60) days after default; (D) Any sale or other disposition of the personal property shall conform to the terms of the notification as provided for in this section. If the personal property is advertised for sale and the sale is not consummated, the owner shall give written notice to the occupant of other disposition of the personal property; (E) Any sale or other disposition of the personal property must be held at the self-service storage facility, online, or at the nearest suitable place to where the personal property is held or stored; (F) After expiration of the time stated in the notice and if the personal property has not otherwise been disposed, the owner shall advertise the sale of the personal property in a commercially reasonable manner. The manner of advertisement is deemed commercially reasonable if not less than three (3) potential bidders participate in the sale at the time and place advertised. The advertisement of sale may include, but not be limited to, the publishing one (1) time before the date of the sale of the personal property in a newspaper of general circulation that serves the area where the self-storage facility is located. An advertisement must include: (i) A statement that the contents of the occupant's leased space shall be sold to satisfy the owner's lien; (ii) The address of the self-service storage facility and the number or other description, if any, of the space where the personal property is located and the name of the occupant; and (iii) The time, place, and manner of the sale; (G) Before any sale or other disposition of personal property pursuant to this section, the occupant may pay the amount necessary to satisfy the owner's lien and the reasonable expenses incurred under this section and thereby redeem the personal property. Upon the payment and satisfaction of the amount necessary to satisfy the lien, the owner shall return the personal property and thereafter the owner shall have no liability to any person with respect to such personal property; (H) The owner may buy at any sale of personal property to enforce the owner's lien; (I) A purchaser in good faith of the personal property sold to satisfy the owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the owner with the requirements of this section; (J) In the event of a sale under this section, the owner may satisfy the owner's lien and the expenses of such sale from the proceeds of the sale but shall hold the balance, if any, for delivery on demand to the occupant. If the occupant does not claim the balance of the proceeds within one (1) year of the date of the sale, such balance shall be deemed to be abandoned, and the owner shall pay such balance to the state treasurer who shall receive, hold and dispose of same in accordance with the Uniform Unclaimed Property Act, compiled in chapter 29, part 1 of this title; (K) If the property upon which the lien is claimed is a vehicle and rent and other charges related to the property remain unpaid or unsatisfied for sixty (60) days after the maturity of the obligation to pay rent, the facility owner may utilize either of the following options: (i) The facility owner may have the property towed. If a vehicle is towed as authorized in this subdivision (2)(K)(i), the owner shall not be liable for the vehicle or any damages to the vehicle once the tower takes possession of the property; or (ii) The facility owner shall contact the appropriate division in such manner as the division prescribes for the purposes of determining the existence and identity of any lien holder and the name and address of the owner of the vehicle as shown in the division's records. If the vehicle is a motor vehicle, then the facility owner may also contact the county clerk for the purposes of determining the existence and identity of any lien holder and the name and address of the owner of the motor vehicle as shown in the county clerk's records. Within ten (10) days of receipt of the information concerning any lien holder and the owner of the motor vehicle, as shown in the division's or county clerk's records, the facility owner shall send a written notice to any lien holder and to the motor vehicle owner, if the motor vehicle owner is not the occupant, by verified mail, stating that: (a) Such vehicle is being held by the facility owner; (b) A lien has attached pursuant to this chapter; and (c) Payment shall be made within thirty (30) days after notification to satisfy the lien. The vehicle owner or lien holder may pay the balance owed and take possession of the vehicle. If the owner or lien holder does not satisfy the lien, the facility owner may sell the vehicle in any manner, including but not limited to, public auction; (L) The owner's liability arising from the sale is limited to the net proceeds received from the sale of the personal property; (M) The owner is not liable for identity theft or other harm resulting from the misuse of information contained in a document or electronic storage media: (i) That are part of the occupant's property sold or otherwise disposed; and (ii) Of which the owner did not have actual knowledge; and (N) An owner shall not be entitled to any remedies provided by this chapter, including but not limited to, enforcement of a lien against an occupant, if: (i) The requirements of this section are not satisfied; (ii) The sale of the personal property located in the leased space is not in conformity with subdivision (2)(F); or (iii) There is a willful violation of this chapter.
(A) The occupant shall be notified in writing;
(B) The notice shall be delivered by hand delivery, by verified mail, or by electronic mail to the occupant's last known address;
(C) The notice shall include: (i) An itemized statement of the owner's claim showing the sum due at the time of the notice and the date when the sum became due; (ii) A demand for payment of the sum due within a specified time not less than thirty (30) days after the date of the notice and a statement of the approximate additional expenses which may be incurred between the date of the notice and the date of the sale; (iii) A statement that the contents of the occupant's leased space are subject to the owner's lien; (iv) If the owner elects to deny the occupant access to the leased space or elects to enter and/or remove the occupant's personal property from the leased space to other suitable storage space, a statement so advising the occupant shall be included in the notice; (v) The name, street address and telephone number of the owner or designated agent whom the occupant may contact to respond to the notice; and (vi) A conspicuous statement that unless the claim is paid within the time stated, the personal property will be advertised for sale or will be otherwise disposed of at a specified time and place, not sooner than sixty (60) days after default;
(i) An itemized statement of the owner's claim showing the sum due at the time of the notice and the date when the sum became due;
(ii) A demand for payment of the sum due within a specified time not less than thirty (30) days after the date of the notice and a statement of the approximate additional expenses which may be incurred between the date of the notice and the date of the sale;
(iii) A statement that the contents of the occupant's leased space are subject to the owner's lien;
(iv) If the owner elects to deny the occupant access to the leased space or elects to enter and/or remove the occupant's personal property from the leased space to other suitable storage space, a statement so advising the occupant shall be included in the notice;
(v) The name, street address and telephone number of the owner or designated agent whom the occupant may contact to respond to the notice; and
(vi) A conspicuous statement that unless the claim is paid within the time stated, the personal property will be advertised for sale or will be otherwise disposed of at a specified time and place, not sooner than sixty (60) days after default;
(D) Any sale or other disposition of the personal property shall conform to the terms of the notification as provided for in this section. If the personal property is advertised for sale and the sale is not consummated, the owner shall give written notice to the occupant of other disposition of the personal property;
(E) Any sale or other disposition of the personal property must be held at the self-service storage facility, online, or at the nearest suitable place to where the personal property is held or stored;
(F) After expiration of the time stated in the notice and if the personal property has not otherwise been disposed, the owner shall advertise the sale of the personal property in a commercially reasonable manner. The manner of advertisement is deemed commercially reasonable if not less than three (3) potential bidders participate in the sale at the time and place advertised. The advertisement of sale may include, but not be limited to, the publishing one (1) time before the date of the sale of the personal property in a newspaper of general circulation that serves the area where the self-storage facility is located. An advertisement must include: (i) A statement that the contents of the occupant's leased space shall be sold to satisfy the owner's lien; (ii) The address of the self-service storage facility and the number or other description, if any, of the space where the personal property is located and the name of the occupant; and (iii) The time, place, and manner of the sale;
(i) A statement that the contents of the occupant's leased space shall be sold to satisfy the owner's lien;
(ii) The address of the self-service storage facility and the number or other description, if any, of the space where the personal property is located and the name of the occupant; and
(iii) The time, place, and manner of the sale;
(G) Before any sale or other disposition of personal property pursuant to this section, the occupant may pay the amount necessary to satisfy the owner's lien and the reasonable expenses incurred under this section and thereby redeem the personal property. Upon the payment and satisfaction of the amount necessary to satisfy the lien, the owner shall return the personal property and thereafter the owner shall have no liability to any person with respect to such personal property;
(H) The owner may buy at any sale of personal property to enforce the owner's lien;
(I) A purchaser in good faith of the personal property sold to satisfy the owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the owner with the requirements of this section;
(J) In the event of a sale under this section, the owner may satisfy the owner's lien and the expenses of such sale from the proceeds of the sale but shall hold the balance, if any, for delivery on demand to the occupant. If the occupant does not claim the balance of the proceeds within one (1) year of the date of the sale, such balance shall be deemed to be abandoned, and the owner shall pay such balance to the state treasurer who shall receive, hold and dispose of same in accordance with the Uniform Unclaimed Property Act, compiled in chapter 29, part 1 of this title;
(K) If the property upon which the lien is claimed is a vehicle and rent and other charges related to the property remain unpaid or unsatisfied for sixty (60) days after the maturity of the obligation to pay rent, the facility owner may utilize either of the following options: (i) The facility owner may have the property towed. If a vehicle is towed as authorized in this subdivision (2)(K)(i), the owner shall not be liable for the vehicle or any damages to the vehicle once the tower takes possession of the property; or (ii) The facility owner shall contact the appropriate division in such manner as the division prescribes for the purposes of determining the existence and identity of any lien holder and the name and address of the owner of the vehicle as shown in the division's records. If the vehicle is a motor vehicle, then the facility owner may also contact the county clerk for the purposes of determining the existence and identity of any lien holder and the name and address of the owner of the motor vehicle as shown in the county clerk's records. Within ten (10) days of receipt of the information concerning any lien holder and the owner of the motor vehicle, as shown in the division's or county clerk's records, the facility owner shall send a written notice to any lien holder and to the motor vehicle owner, if the motor vehicle owner is not the occupant, by verified mail, stating that: (a) Such vehicle is being held by the facility owner; (b) A lien has attached pursuant to this chapter; and (c) Payment shall be made within thirty (30) days after notification to satisfy the lien. The vehicle owner or lien holder may pay the balance owed and take possession of the vehicle. If the owner or lien holder does not satisfy the lien, the facility owner may sell the vehicle in any manner, including but not limited to, public auction;
(i) The facility owner may have the property towed. If a vehicle is towed as authorized in this subdivision (2)(K)(i), the owner shall not be liable for the vehicle or any damages to the vehicle once the tower takes possession of the property; or
(ii) The facility owner shall contact the appropriate division in such manner as the division prescribes for the purposes of determining the existence and identity of any lien holder and the name and address of the owner of the vehicle as shown in the division's records. If the vehicle is a motor vehicle, then the facility owner may also contact the county clerk for the purposes of determining the existence and identity of any lien holder and the name and address of the owner of the motor vehicle as shown in the county clerk's records. Within ten (10) days of receipt of the information concerning any lien holder and the owner of the motor vehicle, as shown in the division's or county clerk's records, the facility owner shall send a written notice to any lien holder and to the motor vehicle owner, if the motor vehicle owner is not the occupant, by verified mail, stating that: (a) Such vehicle is being held by the facility owner; (b) A lien has attached pursuant to this chapter; and (c) Payment shall be made within thirty (30) days after notification to satisfy the lien. The vehicle owner or lien holder may pay the balance owed and take possession of the vehicle. If the owner or lien holder does not satisfy the lien, the facility owner may sell the vehicle in any manner, including but not limited to, public auction;
(a) Such vehicle is being held by the facility owner;
(b) A lien has attached pursuant to this chapter; and
(c) Payment shall be made within thirty (30) days after notification to satisfy the lien. The vehicle owner or lien holder may pay the balance owed and take possession of the vehicle. If the owner or lien holder does not satisfy the lien, the facility owner may sell the vehicle in any manner, including but not limited to, public auction;
(L) The owner's liability arising from the sale is limited to the net proceeds received from the sale of the personal property;
(M) The owner is not liable for identity theft or other harm resulting from the misuse of information contained in a document or electronic storage media: (i) That are part of the occupant's property sold or otherwise disposed; and (ii) Of which the owner did not have actual knowledge; and
(i) That are part of the occupant's property sold or otherwise disposed; and
(ii) Of which the owner did not have actual knowledge; and
(N) An owner shall not be entitled to any remedies provided by this chapter, including but not limited to, enforcement of a lien against an occupant, if: (i) The requirements of this section are not satisfied; (ii) The sale of the personal property located in the leased space is not in conformity with subdivision (2)(F); or (iii) There is a willful violation of this chapter.
(i) The requirements of this section are not satisfied;
(ii) The sale of the personal property located in the leased space is not in conformity with subdivision (2)(F); or
(iii) There is a willful violation of this chapter.
Amended by 2020 Tenn. Acts, ch. 674, Secs.s1, s2, s3 eff. 7/1/2020.
Acts 1980, ch. 717, § 5; T.C.A., §64-3105; Acts 2011 , ch. 131, §§ 9-17; 2017 Pub.Acts, c. 457, §2, eff. 7/1/2017.
Tenn. Code Ann. § 66-1-106 — TN Code / Title 66 / Chapter 1 / Section 66-1-106
Estate with unlimited power of disposition
Status: in_force

When the unlimited power of disposition, qualified or unqualified, not accompanied by any trust, is given expressly, in any written instrument, to the owner of any particular estate for life or years, legal or equitable, such estate is changed into a fee absolute as to right of disposition, and rights of creditors and purchasers, but subject to any future estate limited thereon or executory devise thereof, in event and so far as the power is not executed or the property sold for the satisfaction of debts during the continuance of the particular estate; provided, that any proceeds from the sale of such estate, not needed for the satisfaction of the debts of such owner during the continuance of the particular estate, shall be held in trust by such owner for the beneficiaries of the remainder interest and the purposes stated in such written instrument. Code 1932, §§ 7603, 8093; Acts 1981, ch. 450, § 1; T.C.A. (orig. ed.), § 64-106.
When the unlimited power of disposition, qualified or unqualified, not accompanied by any trust, is given expressly, in any written instrument, to the owner of any particular estate for life or years, legal or equitable, such estate is changed into a fee absolute as to right of disposition, and rights of creditors and purchasers, but subject to any future estate limited thereon or executory devise thereof, in event and so far as the power is not executed or the property sold for the satisfaction of debts during the continuance of the particular estate; provided, that any proceeds from the sale of such estate, not needed for the satisfaction of the debts of such owner during the continuance of the particular estate, shall be held in trust by such owner for the beneficiaries of the remainder interest and the purposes stated in such written instrument.
Code 1932, §§ 7603, 8093; Acts 1981, ch. 450, § 1; T.C.A. (orig. ed.), § 64-106.
Tenn. Code Ann. § 66-5-106 — TN Code / Title 66 / Chapter 5 / Section 66-5-106
Authentication and registration required - Formal ceremonies unnecessary
Status: in_force

No deed of conveyance for lands, in whatever manner or form drawn, shall be good and available in law, as to strangers, unless it is acknowledged by the vendor, or proved by two (2) witnesses upon oath, in the manner prescribed in chapters 22 and 23 of this title, and registered by the register of the county where the land lies. All deeds so executed shall be valid and pass estates in land, or right to other estates, without livery of seisin, attornment, or other ceremony in the law whatever. Code 1858, § 2005 (deriv. Acts 1715, ch. 38, § 5); Shan., § 3671; Code 1932, § 7596; T.C.A. (orig. ed.), § 64-504.
No deed of conveyance for lands, in whatever manner or form drawn, shall be good and available in law, as to strangers, unless it is acknowledged by the vendor, or proved by two (2) witnesses upon oath, in the manner prescribed in chapters 22 and 23 of this title, and registered by the register of the county where the land lies. All deeds so executed shall be valid and pass estates in land, or right to other estates, without livery of seisin, attornment, or other ceremony in the law whatever.
Code 1858, § 2005 (deriv. Acts 1715, ch. 38, § 5); Shan., § 3671; Code 1932, § 7596; T.C.A. (orig. ed.), § 64-504.
Tenn. Code Ann. § 66-11-208 — TN Code / Title 66 / Chapter 11 / Section 66-11-208
Real estate improvement contracts - Certain venue provisions prohibited
Status: in_force

(a) Except as provided in subsection (b), a provision in any contract, subcontract or purchase order for the improvement of real property in this state is void and against public policy if it makes the contract, subcontract or purchase order subject to the substantive laws of another state or mandates that the exclusive forum for any litigation, arbitration or other dispute resolution process is located in another state. (b) The prohibition of subsection (a) shall not apply to any contract, subcontract or purchase order for the improvement of real property which is located partially in this state and partially in another state or states. Venue in a dispute over such contract may be in any state in which part of the property is located. Acts 1993, ch. 37, § 1.
(a) Except as provided in subsection (b), a provision in any contract, subcontract or purchase order for the improvement of real property in this state is void and against public policy if it makes the contract, subcontract or purchase order subject to the substantive laws of another state or mandates that the exclusive forum for any litigation, arbitration or other dispute resolution process is located in another state.
(b) The prohibition of subsection (a) shall not apply to any contract, subcontract or purchase order for the improvement of real property which is located partially in this state and partially in another state or states. Venue in a dispute over such contract may be in any state in which part of the property is located.
Acts 1993, ch. 37, § 1.
Tenn. Code Ann. § 66-23-114 — TN Code / Title 66 / Chapter 23 / Section 66-23-114
Proof of handwriting of maker
Status: in_force

If all the subscribing witnesses are dead, insane, blind, or deaf or hard of hearing, the instrument may be proved before the county clerk or deputy county clerk by any two (2) persons who are acquainted with the handwriting of the maker of the same. Amended by 2022 Tenn. Acts, ch. 642, s 1, eff. 3/11/2022. Code 1858, § 2054 (deriv. Acts 1831, ch. 90, § 10); Shan., § 3729; Code 1932, § 7644; impl. am. Acts 1978, ch. 934, §§22, 36; T.C.A. (orig. ed.), § 64-2314.
If all the subscribing witnesses are dead, insane, blind, or deaf or hard of hearing, the instrument may be proved before the county clerk or deputy county clerk by any two (2) persons who are acquainted with the handwriting of the maker of the same.
Amended by 2022 Tenn. Acts, ch. 642, s 1, eff. 3/11/2022.
Code 1858, § 2054 (deriv. Acts 1831, ch. 90, § 10); Shan., § 3729; Code 1932, § 7644; impl. am. Acts 1978, ch. 934, §§22, 36; T.C.A. (orig. ed.), § 64-2314.
Tenn. Code Ann. § 66-23-111 — TN Code / Title 66 / Chapter 23 / Section 66-23-111
Execution of subpoena
Status: in_force

Any sheriff or constable, into whose hands the subpoena may come, shall execute it, without delay, on the witness or witnesses named in it, but not unless the party suing out the subpoena pay or tender to the sheriff or constable a fee of one dollar ($1.00) for summoning each witness. Code 1858, § 2063 (deriv. Acts 1833, ch. 92, § 11); Shan., § 3740; Code 1932, § 7655; modified; T.C.A. (orig. ed.), § 64-2311.
Any sheriff or constable, into whose hands the subpoena may come, shall execute it, without delay, on the witness or witnesses named in it, but not unless the party suing out the subpoena pay or tender to the sheriff or constable a fee of one dollar ($1.00) for summoning each witness.
Code 1858, § 2063 (deriv. Acts 1833, ch. 92, § 11); Shan., § 3740; Code 1932, § 7655; modified; T.C.A. (orig. ed.), § 64-2311.
Tenn. Code Ann. § 66-32-207 — TN Code / Title 66 / Chapter 32 / Section 66-32-207
Developers subject to commission - Prerequisites to vacation club offering
Status: in_force

(a) A developer of a vacation club interest shall in all respects be subject to the authority of the commission and any rules and regulations promulgated by the commission. (b) Unless specifically exempted, a developer of a vacation club interest may not offer or dispose of a vacation club interest unless it is registered with the commission under § 66-32-123 , and pays any fee required by § 66-32-123 . (c) Prior to offering any vacation club intervals in a vacation club, a developer shall provide the commission: (1) Satisfactory evidence of the existence of the time-share intervals that are part of the vacation club; (2) The marketing plan for the vacation club; (3) Proof of ownership or a leasehold estate of the time-share intervals that are part of the vacation club; and (4) Satisfactory proof of compliance with this part, including, but not limited to, a public offering statement, escrow of deposits, cancellation rights, advertising and promotional offers. Acts 1995, ch. 90, § 9.
(a) A developer of a vacation club interest shall in all respects be subject to the authority of the commission and any rules and regulations promulgated by the commission.
(b) Unless specifically exempted, a developer of a vacation club interest may not offer or dispose of a vacation club interest unless it is registered with the commission under § 66-32-123 , and pays any fee required by § 66-32-123 .
(c) Prior to offering any vacation club intervals in a vacation club, a developer shall provide the commission: (1) Satisfactory evidence of the existence of the time-share intervals that are part of the vacation club; (2) The marketing plan for the vacation club; (3) Proof of ownership or a leasehold estate of the time-share intervals that are part of the vacation club; and (4) Satisfactory proof of compliance with this part, including, but not limited to, a public offering statement, escrow of deposits, cancellation rights, advertising and promotional offers.
(1) Satisfactory evidence of the existence of the time-share intervals that are part of the vacation club;
(2) The marketing plan for the vacation club;
(3) Proof of ownership or a leasehold estate of the time-share intervals that are part of the vacation club; and
(4) Satisfactory proof of compliance with this part, including, but not limited to, a public offering statement, escrow of deposits, cancellation rights, advertising and promotional offers.
Acts 1995, ch. 90, § 9.
Tenn. Code Ann. § 66-28-523 — TN Code / Title 66 / Chapter 28 / Section 66-28-523
Eviction notices required for elderly care facilities
Status: in_force

(a) As used in this section: (1) "Facility" means a facility that: (A) Provides housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; and (B) Receives federal financial assistance that subjects it to Section 504 of the federal Rehabilitation Act of 1973 ( 29 U.S.C. § 794 ); (2) "New property development" means: (i) Razing a facility to use the real property on which the facility is located for purposes other than to provide housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; or (ii) Renovating a facility in a manner that requires the tenants of the facility to vacate the facility in order to turn the facility into residential housing offered at a market rate; and (3) "Residential tenant" means a residential tenant who has a lease or other agreement to live in a facility and who is fifty-five (55) years of age or older. (b) A landlord shall provide sixty (60) days' notice of termination of tenancy for the purpose of eviction of a residential tenant of a facility if: (1) The tenant has paid the tenant's rent due and is not in arrears on rent payments; and (2) The termination and eviction are to allow for new property development. (c) This section does not abrogate a landlord's right to terminate a tenancy for a violation of another law or of the lease or tenancy agreement. Added by 2023 Tenn. Acts, ch. 400, s 3, eff. 7/1/2023.
(a) As used in this section: (1) "Facility" means a facility that: (A) Provides housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; and (B) Receives federal financial assistance that subjects it to Section 504 of the federal Rehabilitation Act of 1973 ( 29 U.S.C. § 794 ); (2) "New property development" means: (i) Razing a facility to use the real property on which the facility is located for purposes other than to provide housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; or (ii) Renovating a facility in a manner that requires the tenants of the facility to vacate the facility in order to turn the facility into residential housing offered at a market rate; and (3) "Residential tenant" means a residential tenant who has a lease or other agreement to live in a facility and who is fifty-five (55) years of age or older.
(1) "Facility" means a facility that: (A) Provides housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; and (B) Receives federal financial assistance that subjects it to Section 504 of the federal Rehabilitation Act of 1973 ( 29 U.S.C. § 794 );
(A) Provides housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; and
(B) Receives federal financial assistance that subjects it to Section 504 of the federal Rehabilitation Act of 1973 ( 29 U.S.C. § 794 );
(2) "New property development" means: (i) Razing a facility to use the real property on which the facility is located for purposes other than to provide housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; or (ii) Renovating a facility in a manner that requires the tenants of the facility to vacate the facility in order to turn the facility into residential housing offered at a market rate; and
(i) Razing a facility to use the real property on which the facility is located for purposes other than to provide housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; or
(ii) Renovating a facility in a manner that requires the tenants of the facility to vacate the facility in order to turn the facility into residential housing offered at a market rate; and
(3) "Residential tenant" means a residential tenant who has a lease or other agreement to live in a facility and who is fifty-five (55) years of age or older.
(b) A landlord shall provide sixty (60) days' notice of termination of tenancy for the purpose of eviction of a residential tenant of a facility if: (1) The tenant has paid the tenant's rent due and is not in arrears on rent payments; and (2) The termination and eviction are to allow for new property development.
(1) The tenant has paid the tenant's rent due and is not in arrears on rent payments; and
(2) The termination and eviction are to allow for new property development.
(c) This section does not abrogate a landlord's right to terminate a tenancy for a violation of another law or of the lease or tenancy agreement.
Added by 2023 Tenn. Acts, ch. 400, s 3, eff. 7/1/2023.
Tenn. Code Ann. § 66-19-103 — TN Code / Title 66 / Chapter 19 / Section 66-19-103
Garagekeeper's or towing firm's lien
Status: in_force

(a) As used in this section: (1) "Garagekeeper" has the same meaning as defined in § 55-31-101 ; and (2) "Rental vehicle company" means a person or entity, or a subsidiary or affiliate of a person or entity, including a franchisee, in the business of renting motor vehicles to the public. (b) (1) (A) Garagekeepers are entitled to a lien upon all motor vehicles that lawfully come into their possession and are retained in their possession until all reasonable charges due are paid. A garagekeeper may, after thirty (30) days, enforce such lien in the manner prescribed for the enforcement of artisans' liens under §§ 66-14-102 - 66-14-106; except, that the garagekeeper: (i) Is only required to advertise the sale on the department of revenue website developed pursuant to § 55-31-302(c) ; and (ii) Shall include the vehicle identification number (VIN), if it is ascertainable, in the notice required pursuant to § 66-14-103 and in the advertisement of the sale described in § 66-14-104 . (B) If the motor vehicle, including any associated rental equipment, clearly identifies a rental vehicle company, the United States department of transportation (USDOT) number issued by the federal motor carrier safety administration (FMCSA), a registration plate issued and attached to the motor vehicle described in § 55-4-113(a)(2) , or a registration plate issued and attached to a trailer described in § 55-4-113(a)(5) , and a garagekeeper lawfully comes into possession of the vehicle and any associated equipment, then the garagekeeper shall notify the rental vehicle company, the owner of the motor vehicle identified by the USDOT number, or the owner assigned to the registration plate issued and attached to the motor vehicle described in § 55-4-113(a)(2) or a registration plate issued and attached to the trailer described in § 55-4-113(a)(5) , at the address identified with the USDOT number, rental equipment information, or the vehicle's registration within three (3) business days of taking possession of such vehicle or equipment using a nationally recognized overnight delivery carrier, other than the United States postal service, requesting proof of delivery. (2) The commissioner of commerce and insurance or the commissioner's designee shall notify the commissioner of safety of violations of subdivision (b)(1). Upon receiving such notice, the commissioner of safety shall suspend any contract that the state may have for towing services with the garagekeeper for a period of sixty (60) days or notify the appropriate authority to suspend all such contracts with the state. (3) (A) In addition to any other penalty provided for a violation of this section, a violation of subdivision (b)(1) is also a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1. A violation of subdivision (b)(1) constitutes an unfair or deceptive act or practice affecting trade or commerce, and is subject to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977, in addition to the penalties and remedies provided in this section. (B) The attorney general and reporter has all of the investigative and enforcement authority that the attorney general and reporter has under the Tennessee Consumer Protection Act of 1977 relating to alleged violations of subdivision (b)(1). The attorney general and reporter may institute any proceedings involving alleged violations of this part in Davidson County circuit or chancery court or any other venue otherwise permitted by law. (C) Costs of any kind or nature must not be taxed against the attorney general and reporter or the state in actions commenced under this section. (D) A rental vehicle company, the owner of the motor vehicle identified by the USDOT number, or the owner assigned to the registration plate issued and attached to the motor vehicle described in § 55-4-113(a)(2) or a registration plate issued and attached to the trailer described in § 55-4-113(a)(5) may seek relief under the Tennessee Consumer Protection Act, in addition to remedies provided under this section. (4) A garagekeeper shall not collect any storage or related fees for any period of time in which the garagekeeper was in violation of subdivision (b)(1) with respect to a motor vehicle or associated equipment. (5) The commissioner of commerce and insurance is authorized to promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (6) Subdivisions (b)(1)(B) and (b)(2)-(5) and § 55-32-308 do not apply to new or used motor vehicle dealers licensed under title 55, chapter 17, part 1. (c) A person, firm, or entity does not have a right to a lien on a vehicle that has been towed in violation of title 55, chapter 32. If the owner of the vehicle is not present, then within fifteen (15) minutes of a person, firm, or entity towing the vehicle pursuant to this chapter, the person, firm, or entity shall notify local law enforcement of the VIN, registration information, license plate number, and description of the vehicle. A violation of this subsection (c) by a person, firm, or entity is a Class A misdemeanor. Local law enforcement shall keep a record of such information, which must be available for public inspection. (d) (1) Any authorization made by a police department to tow a vehicle must be made in writing. Such authorization must include: (A) The name of the officer giving authorization; (B) The year, make, model, and color of the vehicle to be towed; (C) The reason for the tow; (D) The license plate number, if any; and (E) The VIN, if it is ascertainable. (2) The officer giving authorization shall post a copy of the authorization with the vehicle and the copy of the authorization must remain with the vehicle until the vehicle is claimed by the owner. (e) A person, firm, or entity, unless licensed and regulated under title 55, chapter 17, part 1, does not have a right to a lien against a lienor, who is also the seller of such motor vehicle or who retains title under a title retention or conditional sale agreement, for repairs in excess of two hundred fifty dollars ($250) made on such motor vehicle, unless the person, firm, or entity making the repairs has received a written authorization from the lienor or seller to make such repairs on the motor vehicle. Amended by 2024 Tenn. Acts, ch. 1017,s 5, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 229, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 229, s 2, eff. 4/25/2023. Amended by 2023 Tenn. Acts, ch. 229, s 1, eff. 4/25/2023. Amended by 2022 Tenn. Acts, ch. 826, Secs.s 1, s 2 eff. 4/14/2022. Amended by 2014 Tenn. Acts, ch. 886, s 2, eff. 7/1/2014. Code 1932, § 7979; modified; T.C.A. (orig. ed.), § 64-1903; Acts 1983, ch. 463, § 3; 1984, ch. 866, § 1; 1996, ch. 868, §§ 1, 6, 8; 1997 , ch. 73, §§ 1, 5; 1998, ch. 733, § 1; 1998, ch. 760, § 2; 1998, ch. 1027, §§ 1 - 3, 5; 1999, ch. 1, § 3; 1999, ch. 235, § 1; 2004, ch. 460, § 1; 2005, ch. 275, § 1; 2011 , ch. 244, § 2.
(a) As used in this section: (1) "Garagekeeper" has the same meaning as defined in § 55-31-101 ; and (2) "Rental vehicle company" means a person or entity, or a subsidiary or affiliate of a person or entity, including a franchisee, in the business of renting motor vehicles to the public.
(1) "Garagekeeper" has the same meaning as defined in § 55-31-101 ; and
(2) "Rental vehicle company" means a person or entity, or a subsidiary or affiliate of a person or entity, including a franchisee, in the business of renting motor vehicles to the public.
(b) (1) (A) Garagekeepers are entitled to a lien upon all motor vehicles that lawfully come into their possession and are retained in their possession until all reasonable charges due are paid. A garagekeeper may, after thirty (30) days, enforce such lien in the manner prescribed for the enforcement of artisans' liens under §§ 66-14-102 - 66-14-106; except, that the garagekeeper: (i) Is only required to advertise the sale on the department of revenue website developed pursuant to § 55-31-302(c) ; and (ii) Shall include the vehicle identification number (VIN), if it is ascertainable, in the notice required pursuant to § 66-14-103 and in the advertisement of the sale described in § 66-14-104 . (B) If the motor vehicle, including any associated rental equipment, clearly identifies a rental vehicle company, the United States department of transportation (USDOT) number issued by the federal motor carrier safety administration (FMCSA), a registration plate issued and attached to the motor vehicle described in § 55-4-113(a)(2) , or a registration plate issued and attached to a trailer described in § 55-4-113(a)(5) , and a garagekeeper lawfully comes into possession of the vehicle and any associated equipment, then the garagekeeper shall notify the rental vehicle company, the owner of the motor vehicle identified by the USDOT number, or the owner assigned to the registration plate issued and attached to the motor vehicle described in § 55-4-113(a)(2) or a registration plate issued and attached to the trailer described in § 55-4-113(a)(5) , at the address identified with the USDOT number, rental equipment information, or the vehicle's registration within three (3) business days of taking possession of such vehicle or equipment using a nationally recognized overnight delivery carrier, other than the United States postal service, requesting proof of delivery. (2) The commissioner of commerce and insurance or the commissioner's designee shall notify the commissioner of safety of violations of subdivision (b)(1). Upon receiving such notice, the commissioner of safety shall suspend any contract that the state may have for towing services with the garagekeeper for a period of sixty (60) days or notify the appropriate authority to suspend all such contracts with the state. (3) (A) In addition to any other penalty provided for a violation of this section, a violation of subdivision (b)(1) is also a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1. A violation of subdivision (b)(1) constitutes an unfair or deceptive act or practice affecting trade or commerce, and is subject to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977, in addition to the penalties and remedies provided in this section. (B) The attorney general and reporter has all of the investigative and enforcement authority that the attorney general and reporter has under the Tennessee Consumer Protection Act of 1977 relating to alleged violations of subdivision (b)(1). The attorney general and reporter may institute any proceedings involving alleged violations of this part in Davidson County circuit or chancery court or any other venue otherwise permitted by law. (C) Costs of any kind or nature must not be taxed against the attorney general and reporter or the state in actions commenced under this section. (D) A rental vehicle company, the owner of the motor vehicle identified by the USDOT number, or the owner assigned to the registration plate issued and attached to the motor vehicle described in § 55-4-113(a)(2) or a registration plate issued and attached to the trailer described in § 55-4-113(a)(5) may seek relief under the Tennessee Consumer Protection Act, in addition to remedies provided under this section. (4) A garagekeeper shall not collect any storage or related fees for any period of time in which the garagekeeper was in violation of subdivision (b)(1) with respect to a motor vehicle or associated equipment. (5) The commissioner of commerce and insurance is authorized to promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (6) Subdivisions (b)(1)(B) and (b)(2)-(5) and § 55-32-308 do not apply to new or used motor vehicle dealers licensed under title 55, chapter 17, part 1.
(1) (A) Garagekeepers are entitled to a lien upon all motor vehicles that lawfully come into their possession and are retained in their possession until all reasonable charges due are paid. A garagekeeper may, after thirty (30) days, enforce such lien in the manner prescribed for the enforcement of artisans' liens under §§ 66-14-102 - 66-14-106; except, that the garagekeeper: (i) Is only required to advertise the sale on the department of revenue website developed pursuant to § 55-31-302(c) ; and (ii) Shall include the vehicle identification number (VIN), if it is ascertainable, in the notice required pursuant to § 66-14-103 and in the advertisement of the sale described in § 66-14-104 . (B) If the motor vehicle, including any associated rental equipment, clearly identifies a rental vehicle company, the United States department of transportation (USDOT) number issued by the federal motor carrier safety administration (FMCSA), a registration plate issued and attached to the motor vehicle described in § 55-4-113(a)(2) , or a registration plate issued and attached to a trailer described in § 55-4-113(a)(5) , and a garagekeeper lawfully comes into possession of the vehicle and any associated equipment, then the garagekeeper shall notify the rental vehicle company, the owner of the motor vehicle identified by the USDOT number, or the owner assigned to the registration plate issued and attached to the motor vehicle described in § 55-4-113(a)(2) or a registration plate issued and attached to the trailer described in § 55-4-113(a)(5) , at the address identified with the USDOT number, rental equipment information, or the vehicle's registration within three (3) business days of taking possession of such vehicle or equipment using a nationally recognized overnight delivery carrier, other than the United States postal service, requesting proof of delivery.
(A) Garagekeepers are entitled to a lien upon all motor vehicles that lawfully come into their possession and are retained in their possession until all reasonable charges due are paid. A garagekeeper may, after thirty (30) days, enforce such lien in the manner prescribed for the enforcement of artisans' liens under §§ 66-14-102 - 66-14-106; except, that the garagekeeper: (i) Is only required to advertise the sale on the department of revenue website developed pursuant to § 55-31-302(c) ; and (ii) Shall include the vehicle identification number (VIN), if it is ascertainable, in the notice required pursuant to § 66-14-103 and in the advertisement of the sale described in § 66-14-104 .
(i) Is only required to advertise the sale on the department of revenue website developed pursuant to § 55-31-302(c) ; and
(ii) Shall include the vehicle identification number (VIN), if it is ascertainable, in the notice required pursuant to § 66-14-103 and in the advertisement of the sale described in § 66-14-104 .
(B) If the motor vehicle, including any associated rental equipment, clearly identifies a rental vehicle company, the United States department of transportation (USDOT) number issued by the federal motor carrier safety administration (FMCSA), a registration plate issued and attached to the motor vehicle described in § 55-4-113(a)(2) , or a registration plate issued and attached to a trailer described in § 55-4-113(a)(5) , and a garagekeeper lawfully comes into possession of the vehicle and any associated equipment, then the garagekeeper shall notify the rental vehicle company, the owner of the motor vehicle identified by the USDOT number, or the owner assigned to the registration plate issued and attached to the motor vehicle described in § 55-4-113(a)(2) or a registration plate issued and attached to the trailer described in § 55-4-113(a)(5) , at the address identified with the USDOT number, rental equipment information, or the vehicle's registration within three (3) business days of taking possession of such vehicle or equipment using a nationally recognized overnight delivery carrier, other than the United States postal service, requesting proof of delivery.
(2) The commissioner of commerce and insurance or the commissioner's designee shall notify the commissioner of safety of violations of subdivision (b)(1). Upon receiving such notice, the commissioner of safety shall suspend any contract that the state may have for towing services with the garagekeeper for a period of sixty (60) days or notify the appropriate authority to suspend all such contracts with the state.
(3) (A) In addition to any other penalty provided for a violation of this section, a violation of subdivision (b)(1) is also a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1. A violation of subdivision (b)(1) constitutes an unfair or deceptive act or practice affecting trade or commerce, and is subject to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977, in addition to the penalties and remedies provided in this section. (B) The attorney general and reporter has all of the investigative and enforcement authority that the attorney general and reporter has under the Tennessee Consumer Protection Act of 1977 relating to alleged violations of subdivision (b)(1). The attorney general and reporter may institute any proceedings involving alleged violations of this part in Davidson County circuit or chancery court or any other venue otherwise permitted by law. (C) Costs of any kind or nature must not be taxed against the attorney general and reporter or the state in actions commenced under this section. (D) A rental vehicle company, the owner of the motor vehicle identified by the USDOT number, or the owner assigned to the registration plate issued and attached to the motor vehicle described in § 55-4-113(a)(2) or a registration plate issued and attached to the trailer described in § 55-4-113(a)(5) may seek relief under the Tennessee Consumer Protection Act, in addition to remedies provided under this section.
(A) In addition to any other penalty provided for a violation of this section, a violation of subdivision (b)(1) is also a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1. A violation of subdivision (b)(1) constitutes an unfair or deceptive act or practice affecting trade or commerce, and is subject to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977, in addition to the penalties and remedies provided in this section.
(B) The attorney general and reporter has all of the investigative and enforcement authority that the attorney general and reporter has under the Tennessee Consumer Protection Act of 1977 relating to alleged violations of subdivision (b)(1). The attorney general and reporter may institute any proceedings involving alleged violations of this part in Davidson County circuit or chancery court or any other venue otherwise permitted by law.
(C) Costs of any kind or nature must not be taxed against the attorney general and reporter or the state in actions commenced under this section.
(D) A rental vehicle company, the owner of the motor vehicle identified by the USDOT number, or the owner assigned to the registration plate issued and attached to the motor vehicle described in § 55-4-113(a)(2) or a registration plate issued and attached to the trailer described in § 55-4-113(a)(5) may seek relief under the Tennessee Consumer Protection Act, in addition to remedies provided under this section.
(4) A garagekeeper shall not collect any storage or related fees for any period of time in which the garagekeeper was in violation of subdivision (b)(1) with respect to a motor vehicle or associated equipment.
(5) The commissioner of commerce and insurance is authorized to promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(6) Subdivisions (b)(1)(B) and (b)(2)-(5) and § 55-32-308 do not apply to new or used motor vehicle dealers licensed under title 55, chapter 17, part 1.
(c) A person, firm, or entity does not have a right to a lien on a vehicle that has been towed in violation of title 55, chapter 32. If the owner of the vehicle is not present, then within fifteen (15) minutes of a person, firm, or entity towing the vehicle pursuant to this chapter, the person, firm, or entity shall notify local law enforcement of the VIN, registration information, license plate number, and description of the vehicle. A violation of this subsection (c) by a person, firm, or entity is a Class A misdemeanor. Local law enforcement shall keep a record of such information, which must be available for public inspection.
(d) (1) Any authorization made by a police department to tow a vehicle must be made in writing. Such authorization must include: (A) The name of the officer giving authorization; (B) The year, make, model, and color of the vehicle to be towed; (C) The reason for the tow; (D) The license plate number, if any; and (E) The VIN, if it is ascertainable. (2) The officer giving authorization shall post a copy of the authorization with the vehicle and the copy of the authorization must remain with the vehicle until the vehicle is claimed by the owner.
(1) Any authorization made by a police department to tow a vehicle must be made in writing. Such authorization must include: (A) The name of the officer giving authorization; (B) The year, make, model, and color of the vehicle to be towed; (C) The reason for the tow; (D) The license plate number, if any; and (E) The VIN, if it is ascertainable.
(A) The name of the officer giving authorization;
(B) The year, make, model, and color of the vehicle to be towed;
(C) The reason for the tow;
(D) The license plate number, if any; and
(E) The VIN, if it is ascertainable.
(2) The officer giving authorization shall post a copy of the authorization with the vehicle and the copy of the authorization must remain with the vehicle until the vehicle is claimed by the owner.
(e) A person, firm, or entity, unless licensed and regulated under title 55, chapter 17, part 1, does not have a right to a lien against a lienor, who is also the seller of such motor vehicle or who retains title under a title retention or conditional sale agreement, for repairs in excess of two hundred fifty dollars ($250) made on such motor vehicle, unless the person, firm, or entity making the repairs has received a written authorization from the lienor or seller to make such repairs on the motor vehicle.
Amended by 2024 Tenn. Acts, ch. 1017,s 5, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 229, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 229, s 2, eff. 4/25/2023.
Amended by 2023 Tenn. Acts, ch. 229, s 1, eff. 4/25/2023.
Amended by 2022 Tenn. Acts, ch. 826, Secs.s 1, s 2 eff. 4/14/2022.
Amended by 2014 Tenn. Acts, ch. 886, s 2, eff. 7/1/2014.
Code 1932, § 7979; modified; T.C.A. (orig. ed.), § 64-1903; Acts 1983, ch. 463, § 3; 1984, ch. 866, § 1; 1996, ch. 868, §§ 1, 6, 8; 1997 , ch. 73, §§ 1, 5; 1998, ch. 733, § 1; 1998, ch. 760, § 2; 1998, ch. 1027, §§ 1 - 3, 5; 1999, ch. 1, § 3; 1999, ch. 235, § 1; 2004, ch. 460, § 1; 2005, ch. 275, § 1; 2011 , ch. 244, § 2.
Tenn. Code Ann. § 66-24-106 — TN Code / Title 66 / Chapter 24 / Section 66-24-106
Marriage contracts settling property on wife
Status: in_force

(a) Marriage contracts or agreements in which the wife's property, before marriage, is settled on her or a trustee for her use, shall be registered in the county where the husband resides at the time of marriage, and in every county in the state to which he may remove with the property; and if the contract or agreement be made without the limits of the state, they shall be registered in every county in the state to which the husband and wife removed with the property. (b) In case of realty, registration shall be also in the county where it lies. Code 1858, § 2035 (deriv. Acts 1831, ch. 90, § 5); Shan., § 3708; mod. Code 1932, § 7628; T.C.A. (orig. ed.), § 64-2406.
(a) Marriage contracts or agreements in which the wife's property, before marriage, is settled on her or a trustee for her use, shall be registered in the county where the husband resides at the time of marriage, and in every county in the state to which he may remove with the property; and if the contract or agreement be made without the limits of the state, they shall be registered in every county in the state to which the husband and wife removed with the property.
(b) In case of realty, registration shall be also in the county where it lies.
Code 1858, § 2035 (deriv. Acts 1831, ch. 90, § 5); Shan., § 3708; mod. Code 1932, § 7628; T.C.A. (orig. ed.), § 64-2406.
Tenn. Code Ann. § 66-9-207 — TN Code / Title 66 / Chapter 9 / Section 66-9-207
Solar power facility agreements
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Decommissioning cost" means the estimated cost of performing the removal and restoration obligations set forth in subsection (c), less the estimated salvage value of the components of the solar power facility as of the date of removal; (2) "Grantee" means a person, other than a public utility, as defined by § 65-4-101 , who leases property from a landowner or holds an easement interest pursuant to a solar power facility agreement; (3) "Landowner" means the owner or owners of a fee simple interest in land; (4) "Premises" means the real property leased or granted by a landowner to a grantee pursuant to a solar power facility agreement; (5) (A) "Solar power facility" means, collectively, a device or structure, or series thereof, that provides for the collection of solar energy for electricity generation, together with all facilities and equipment, other than any facility or equipment owned by a public utility, as defined by § 65-4-101 , located proximate to and in support of the operation of such electricity generation device or structure, including, without limitation, all underground and aboveground electrical collection, distribution, and transmission lines; inverters; transformers; substations; energy storage facilities; telecommunications equipment and communication lines; meteorological towers; maintenance yards; switchgear; fences; and foundations supporting other components of the solar power facility; and (B) "Solar power facility" does not include a solar-generating device or structure that is less than five megawatts (5 MW) in size, measured in alternating current at the point of interconnection to the electrical grid, unless the application of this part is expressly provided for in the solar power facility agreement; and (6) "Solar power facility agreement" means a lease or easement agreement for real property between a grantee and a landowner for the construction, installation and operation of all or a part of a solar power facility on such real property that generates electricity primarily for use and consumption off the premises. (b) All solar power facility agreements: (1) Must provide, at a minimum, that the grantee shall, upon or prior to the expiration or termination of the solar power facility agreement, safely remove or cause the removal of all components of the solar power facility located on the premises, except for any electrical or communications lines buried more than three feet (3') below the surface grade of the land, and restore the land comprising the premises to, as near as reasonably possible, its condition as of the date of the commencement of construction of the solar power facility; (2) Must either contain or provide that the grantee shall deliver to the landowner a decommissioning plan detailing the grantee's plan for performing or causing the performance of the obligations in subdivision (b)(1); and (3) Must provide for a plan for the solar power facility at the end of its useful life for disconnection from the local power grid. (c) (1) A solar power facility agreement must require the grantee to obtain and deliver to the landowner financial assurance in the following amounts to secure the performance of the grantee's removal and restoration obligations in subsection (b): (A) No less than five percent (5%) of the decommissioning cost on the date the solar power facility commences commercial operation; (B) No less than fifty percent (50%) of the decommissioning cost on the tenth anniversary of the date the solar power facility commences commercial operation; and (C) No less than the decommissioning cost on the fifteenth anniversary of the date the solar power facility commences commercial operation. (2) Acceptable forms of financial assurance must be set forth in the solar power facility agreement and must include one (1) or more of the following in the amount required by subdivision (c)(1): (A) A surety bond; (B) A collateral bond; (C) An irrevocable letter of credit; (D) A parent guaranty; (E) Cash; (F) A cashier's check; (G) A certificate of deposit; (H) A bank joint custody receipt; (I) An approved negotiated instrument not described in subdivisions (c)(2)(A)-(H); or (J) A combination of the forms of security described in subdivisions (c)(2)(A)-(I). (3) A landowner has the right to expressly extend the date the financial assurance required by this subsection (c) is first delivered to the landowner to no later than the fifteenth anniversary of the date the solar power facility commences commercial operation. (d) This section does not prohibit a local government from regulating solar power facilities pursuant to its zoning authority granted in title 13, except that a local government shall not impose removal or restoration obligations or require financial assurance securing such obligations that are more stringent than or additional to those provided for in this section. (e) Except as provided in subdivision (c)(3), a provision of a solar power facility agreement that purports to waive a right or exempt a grantee from a liability or duty established by this section is void unless the landowner and the grantee are affiliated entities. (f) A person who is harmed by a violation of this section is entitled to relief provided under title 29, chapter 14. (g) The requirements of this section only apply to solar power facility agreements initially entered into on or after the effective date of this act. If a grantee and landowner agree to amend a solar power facility agreement initially entered into before the effective date of this act, the parties may include the rights and obligations established by this section, and this section must govern such amended agreements. (h) The grantee under a solar power facility agreement shall file a copy of such agreement with the office of energy programs. The office shall maintain the confidentiality of any proprietary information as provided in § 4-3-514 . The grantee shall also notify the county mayor and the municipal mayor, if applicable, of the local government where the solar power facility is located of such filing. Amended by 2024 Tenn. Acts, ch. 705,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 705,s 4, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 705,s 1, eff. 7/1/2024. Added by 2022 Tenn. Acts, ch. 866, s 1, eff. 6/1/2022.
(a) As used in this section, unless the context otherwise requires: (1) "Decommissioning cost" means the estimated cost of performing the removal and restoration obligations set forth in subsection (c), less the estimated salvage value of the components of the solar power facility as of the date of removal; (2) "Grantee" means a person, other than a public utility, as defined by § 65-4-101 , who leases property from a landowner or holds an easement interest pursuant to a solar power facility agreement; (3) "Landowner" means the owner or owners of a fee simple interest in land; (4) "Premises" means the real property leased or granted by a landowner to a grantee pursuant to a solar power facility agreement; (5) (A) "Solar power facility" means, collectively, a device or structure, or series thereof, that provides for the collection of solar energy for electricity generation, together with all facilities and equipment, other than any facility or equipment owned by a public utility, as defined by § 65-4-101 , located proximate to and in support of the operation of such electricity generation device or structure, including, without limitation, all underground and aboveground electrical collection, distribution, and transmission lines; inverters; transformers; substations; energy storage facilities; telecommunications equipment and communication lines; meteorological towers; maintenance yards; switchgear; fences; and foundations supporting other components of the solar power facility; and (B) "Solar power facility" does not include a solar-generating device or structure that is less than five megawatts (5 MW) in size, measured in alternating current at the point of interconnection to the electrical grid, unless the application of this part is expressly provided for in the solar power facility agreement; and (6) "Solar power facility agreement" means a lease or easement agreement for real property between a grantee and a landowner for the construction, installation and operation of all or a part of a solar power facility on such real property that generates electricity primarily for use and consumption off the premises.
(1) "Decommissioning cost" means the estimated cost of performing the removal and restoration obligations set forth in subsection (c), less the estimated salvage value of the components of the solar power facility as of the date of removal;
(2) "Grantee" means a person, other than a public utility, as defined by § 65-4-101 , who leases property from a landowner or holds an easement interest pursuant to a solar power facility agreement;
(3) "Landowner" means the owner or owners of a fee simple interest in land;
(4) "Premises" means the real property leased or granted by a landowner to a grantee pursuant to a solar power facility agreement;
(5) (A) "Solar power facility" means, collectively, a device or structure, or series thereof, that provides for the collection of solar energy for electricity generation, together with all facilities and equipment, other than any facility or equipment owned by a public utility, as defined by § 65-4-101 , located proximate to and in support of the operation of such electricity generation device or structure, including, without limitation, all underground and aboveground electrical collection, distribution, and transmission lines; inverters; transformers; substations; energy storage facilities; telecommunications equipment and communication lines; meteorological towers; maintenance yards; switchgear; fences; and foundations supporting other components of the solar power facility; and (B) "Solar power facility" does not include a solar-generating device or structure that is less than five megawatts (5 MW) in size, measured in alternating current at the point of interconnection to the electrical grid, unless the application of this part is expressly provided for in the solar power facility agreement; and
(A) "Solar power facility" means, collectively, a device or structure, or series thereof, that provides for the collection of solar energy for electricity generation, together with all facilities and equipment, other than any facility or equipment owned by a public utility, as defined by § 65-4-101 , located proximate to and in support of the operation of such electricity generation device or structure, including, without limitation, all underground and aboveground electrical collection, distribution, and transmission lines; inverters; transformers; substations; energy storage facilities; telecommunications equipment and communication lines; meteorological towers; maintenance yards; switchgear; fences; and foundations supporting other components of the solar power facility; and
(B) "Solar power facility" does not include a solar-generating device or structure that is less than five megawatts (5 MW) in size, measured in alternating current at the point of interconnection to the electrical grid, unless the application of this part is expressly provided for in the solar power facility agreement; and
(6) "Solar power facility agreement" means a lease or easement agreement for real property between a grantee and a landowner for the construction, installation and operation of all or a part of a solar power facility on such real property that generates electricity primarily for use and consumption off the premises.
(b) All solar power facility agreements: (1) Must provide, at a minimum, that the grantee shall, upon or prior to the expiration or termination of the solar power facility agreement, safely remove or cause the removal of all components of the solar power facility located on the premises, except for any electrical or communications lines buried more than three feet (3') below the surface grade of the land, and restore the land comprising the premises to, as near as reasonably possible, its condition as of the date of the commencement of construction of the solar power facility; (2) Must either contain or provide that the grantee shall deliver to the landowner a decommissioning plan detailing the grantee's plan for performing or causing the performance of the obligations in subdivision (b)(1); and (3) Must provide for a plan for the solar power facility at the end of its useful life for disconnection from the local power grid.
(1) Must provide, at a minimum, that the grantee shall, upon or prior to the expiration or termination of the solar power facility agreement, safely remove or cause the removal of all components of the solar power facility located on the premises, except for any electrical or communications lines buried more than three feet (3') below the surface grade of the land, and restore the land comprising the premises to, as near as reasonably possible, its condition as of the date of the commencement of construction of the solar power facility;
(2) Must either contain or provide that the grantee shall deliver to the landowner a decommissioning plan detailing the grantee's plan for performing or causing the performance of the obligations in subdivision (b)(1); and
(3) Must provide for a plan for the solar power facility at the end of its useful life for disconnection from the local power grid.
(c) (1) A solar power facility agreement must require the grantee to obtain and deliver to the landowner financial assurance in the following amounts to secure the performance of the grantee's removal and restoration obligations in subsection (b): (A) No less than five percent (5%) of the decommissioning cost on the date the solar power facility commences commercial operation; (B) No less than fifty percent (50%) of the decommissioning cost on the tenth anniversary of the date the solar power facility commences commercial operation; and (C) No less than the decommissioning cost on the fifteenth anniversary of the date the solar power facility commences commercial operation. (2) Acceptable forms of financial assurance must be set forth in the solar power facility agreement and must include one (1) or more of the following in the amount required by subdivision (c)(1): (A) A surety bond; (B) A collateral bond; (C) An irrevocable letter of credit; (D) A parent guaranty; (E) Cash; (F) A cashier's check; (G) A certificate of deposit; (H) A bank joint custody receipt; (I) An approved negotiated instrument not described in subdivisions (c)(2)(A)-(H); or (J) A combination of the forms of security described in subdivisions (c)(2)(A)-(I). (3) A landowner has the right to expressly extend the date the financial assurance required by this subsection (c) is first delivered to the landowner to no later than the fifteenth anniversary of the date the solar power facility commences commercial operation.
(1) A solar power facility agreement must require the grantee to obtain and deliver to the landowner financial assurance in the following amounts to secure the performance of the grantee's removal and restoration obligations in subsection (b): (A) No less than five percent (5%) of the decommissioning cost on the date the solar power facility commences commercial operation; (B) No less than fifty percent (50%) of the decommissioning cost on the tenth anniversary of the date the solar power facility commences commercial operation; and (C) No less than the decommissioning cost on the fifteenth anniversary of the date the solar power facility commences commercial operation.
(A) No less than five percent (5%) of the decommissioning cost on the date the solar power facility commences commercial operation;
(B) No less than fifty percent (50%) of the decommissioning cost on the tenth anniversary of the date the solar power facility commences commercial operation; and
(C) No less than the decommissioning cost on the fifteenth anniversary of the date the solar power facility commences commercial operation.
(2) Acceptable forms of financial assurance must be set forth in the solar power facility agreement and must include one (1) or more of the following in the amount required by subdivision (c)(1): (A) A surety bond; (B) A collateral bond; (C) An irrevocable letter of credit; (D) A parent guaranty; (E) Cash; (F) A cashier's check; (G) A certificate of deposit; (H) A bank joint custody receipt; (I) An approved negotiated instrument not described in subdivisions (c)(2)(A)-(H); or (J) A combination of the forms of security described in subdivisions (c)(2)(A)-(I).
(A) A surety bond;
(B) A collateral bond;
(C) An irrevocable letter of credit;
(D) A parent guaranty;
(E) Cash;
(F) A cashier's check;
(G) A certificate of deposit;
(H) A bank joint custody receipt;
(I) An approved negotiated instrument not described in subdivisions (c)(2)(A)-(H); or
(J) A combination of the forms of security described in subdivisions (c)(2)(A)-(I).
(3) A landowner has the right to expressly extend the date the financial assurance required by this subsection (c) is first delivered to the landowner to no later than the fifteenth anniversary of the date the solar power facility commences commercial operation.
(d) This section does not prohibit a local government from regulating solar power facilities pursuant to its zoning authority granted in title 13, except that a local government shall not impose removal or restoration obligations or require financial assurance securing such obligations that are more stringent than or additional to those provided for in this section.
(e) Except as provided in subdivision (c)(3), a provision of a solar power facility agreement that purports to waive a right or exempt a grantee from a liability or duty established by this section is void unless the landowner and the grantee are affiliated entities.
(f) A person who is harmed by a violation of this section is entitled to relief provided under title 29, chapter 14.
(g) The requirements of this section only apply to solar power facility agreements initially entered into on or after the effective date of this act. If a grantee and landowner agree to amend a solar power facility agreement initially entered into before the effective date of this act, the parties may include the rights and obligations established by this section, and this section must govern such amended agreements.
(h) The grantee under a solar power facility agreement shall file a copy of such agreement with the office of energy programs. The office shall maintain the confidentiality of any proprietary information as provided in § 4-3-514 . The grantee shall also notify the county mayor and the municipal mayor, if applicable, of the local government where the solar power facility is located of such filing.
Amended by 2024 Tenn. Acts, ch. 705,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 705,s 4, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 705,s 1, eff. 7/1/2024.
Added by 2022 Tenn. Acts, ch. 866, s 1, eff. 6/1/2022.
Tenn. Code Ann. § 66-28-404 — TN Code / Title 66 / Chapter 28 / Section 66-28-404
Use and occupation by tenant
Status: in_force

Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of seven (7) days. Notice shall be given on or before the first day of any extended absence. Acts 1975, ch. 245, § 3.104; T.C.A., § 64-2834.
Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of seven (7) days. Notice shall be given on or before the first day of any extended absence.
Acts 1975, ch. 245, § 3.104; T.C.A., § 64-2834.
Tenn. Code Ann. § 66-29-304 — TN Code / Title 66 / Chapter 29 / Section 66-29-304
Lien on derelict or abandoned aircraft
Status: in_force

(a) The airport authority shall have a lien on a derelict or abandoned aircraft for all unpaid fees and charges for the use of the airport by the aircraft and for all unpaid costs incurred by the airport authority for the transportation, storage, and removal of the aircraft. As a prerequisite to perfecting a lien under this section, the airport authority shall serve a notice in accordance with § 66-29-302 on the last registered owner and all persons having an equitable or legal interest in the aircraft. (b) (1) For the purpose of perfecting its lien under this section, the airport authority shall record a claim of lien that states: (A) The name and address of the airport; (B) The name of the last registered owner of the aircraft and all persons having a legal or equitable interest in the aircraft; (C) The fees and charges incurred by the aircraft for the use of the airport and the costs for the transportation, storage, and removal of the aircraft; and (D) A description of the aircraft sufficient for identification. (2) The claim of lien shall be signed and sworn to or affirmed by the airport authority's director or the director's designee. (3) The claim of lien shall be served on the last registered owner of the aircraft and all persons having an equitable or legal interest in the aircraft. The claim of lien shall be so served before recordation. (4) The claim of lien shall be recorded with the register of the county where the airport is located. The recording of the claim of lien shall be constructive notice to all persons of the contents and effect of such claim. The lien shall attach at the time of recordation and shall take priority as of that time. Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
(a) The airport authority shall have a lien on a derelict or abandoned aircraft for all unpaid fees and charges for the use of the airport by the aircraft and for all unpaid costs incurred by the airport authority for the transportation, storage, and removal of the aircraft. As a prerequisite to perfecting a lien under this section, the airport authority shall serve a notice in accordance with § 66-29-302 on the last registered owner and all persons having an equitable or legal interest in the aircraft.
(b) (1) For the purpose of perfecting its lien under this section, the airport authority shall record a claim of lien that states: (A) The name and address of the airport; (B) The name of the last registered owner of the aircraft and all persons having a legal or equitable interest in the aircraft; (C) The fees and charges incurred by the aircraft for the use of the airport and the costs for the transportation, storage, and removal of the aircraft; and (D) A description of the aircraft sufficient for identification. (2) The claim of lien shall be signed and sworn to or affirmed by the airport authority's director or the director's designee. (3) The claim of lien shall be served on the last registered owner of the aircraft and all persons having an equitable or legal interest in the aircraft. The claim of lien shall be so served before recordation. (4) The claim of lien shall be recorded with the register of the county where the airport is located. The recording of the claim of lien shall be constructive notice to all persons of the contents and effect of such claim. The lien shall attach at the time of recordation and shall take priority as of that time.
(1) For the purpose of perfecting its lien under this section, the airport authority shall record a claim of lien that states: (A) The name and address of the airport; (B) The name of the last registered owner of the aircraft and all persons having a legal or equitable interest in the aircraft; (C) The fees and charges incurred by the aircraft for the use of the airport and the costs for the transportation, storage, and removal of the aircraft; and (D) A description of the aircraft sufficient for identification.
(A) The name and address of the airport;
(B) The name of the last registered owner of the aircraft and all persons having a legal or equitable interest in the aircraft;
(C) The fees and charges incurred by the aircraft for the use of the airport and the costs for the transportation, storage, and removal of the aircraft; and
(D) A description of the aircraft sufficient for identification.
(2) The claim of lien shall be signed and sworn to or affirmed by the airport authority's director or the director's designee.
(3) The claim of lien shall be served on the last registered owner of the aircraft and all persons having an equitable or legal interest in the aircraft. The claim of lien shall be so served before recordation.
(4) The claim of lien shall be recorded with the register of the county where the airport is located. The recording of the claim of lien shall be constructive notice to all persons of the contents and effect of such claim. The lien shall attach at the time of recordation and shall take priority as of that time.
Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
Tenn. Code Ann. § 66-32-309 — TN Code / Title 66 / Chapter 32 / Section 66-32-309
Exemptions
Status: in_force

This part shall not apply to: (1) Mobile home parks or camping or recreational trailer parks which are open to the general public and do not solicit purchases of membership camping contracts, but rather contain only camping sites rented for per use fee; (2) Any person who engages in the business of arranging and selling reciprocal programs and who does not own campgrounds and facilities; or (3) Sales of time-share intervals in a time-share project which is registered under the Tennessee Time-Share Act, compiled in part 1 of this chapter. Acts 1985, ch. 303, § 9; T.C.A., § 47-18-409.
This part shall not apply to:
(1) Mobile home parks or camping or recreational trailer parks which are open to the general public and do not solicit purchases of membership camping contracts, but rather contain only camping sites rented for per use fee;
(2) Any person who engages in the business of arranging and selling reciprocal programs and who does not own campgrounds and facilities; or
(3) Sales of time-share intervals in a time-share project which is registered under the Tennessee Time-Share Act, compiled in part 1 of this chapter.
Acts 1985, ch. 303, § 9; T.C.A., § 47-18-409.
Tenn. Code Ann. § 66-29-302 — TN Code / Title 66 / Chapter 29 / Section 66-29-302
Discovery of derelict or abandoned aircraft at public-use airport - Notification of owner or other interested party
Status: in_force

(a) If a derelict or abandoned aircraft is discovered on a public-use airport, whether or not the public-use airport is under a lease or license to a third party, the airport authority shall: (1) Make a record of the date the aircraft was discovered on the public-use airport; and (2) Inquire as to the name and address of any person having an equitable or legal interest in the aircraft, including the owner and any lien holders, by: (A) Contacting the federal aviation administration, aircraft registration branch, and making a diligent search of the appropriate records; or (B) Contacting an aircraft title search company. (b) Within ten (10) business days of receiving the information requested pursuant to subsection (a), the airport authority shall notify the owner and all other interested parties by certified mail, return receipt requested: (1) Of the location of the derelict or abandoned aircraft on the public-use airport; (2) That fees and charges for the use of the airport by the aircraft have accrued and the amount of those fees and charges; (3) That the aircraft is subject to a lien under § 66-29-304 for any unpaid and accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft; (4) That the lien is subject to enforcement pursuant to this part; (5) That the airport may use, trade, sell, or remove the aircraft as described in § 66-29-303 if, within thirty (30) calendar days after the date of receipt of the notice, the owner or other interested party has not removed the aircraft from the airport and paid in full all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft; and (6) That the airport authority may remove the aircraft in less than thirty (30) calendar days if the aircraft poses a danger to the health or safety of users of the public-use airport, as determined by the airport authority. (c) (1) If, after the inquiry required by subdivision (a)(2), the owner of the aircraft is unknown or cannot be found, the airport authority shall place a notice upon the aircraft in a conspicuous position containing the information required by subdivisions (b)(2)-(6). (2) The notice under subdivision (c)(1) shall be not less than eight inches (8") by ten inches (10") and shall be laminated or otherwise sufficiently weatherproof to withstand normal exposure to rain, snow, and other conditions. Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
(a) If a derelict or abandoned aircraft is discovered on a public-use airport, whether or not the public-use airport is under a lease or license to a third party, the airport authority shall: (1) Make a record of the date the aircraft was discovered on the public-use airport; and (2) Inquire as to the name and address of any person having an equitable or legal interest in the aircraft, including the owner and any lien holders, by: (A) Contacting the federal aviation administration, aircraft registration branch, and making a diligent search of the appropriate records; or (B) Contacting an aircraft title search company.
(1) Make a record of the date the aircraft was discovered on the public-use airport; and
(2) Inquire as to the name and address of any person having an equitable or legal interest in the aircraft, including the owner and any lien holders, by: (A) Contacting the federal aviation administration, aircraft registration branch, and making a diligent search of the appropriate records; or (B) Contacting an aircraft title search company.
(A) Contacting the federal aviation administration, aircraft registration branch, and making a diligent search of the appropriate records; or
(B) Contacting an aircraft title search company.
(b) Within ten (10) business days of receiving the information requested pursuant to subsection (a), the airport authority shall notify the owner and all other interested parties by certified mail, return receipt requested: (1) Of the location of the derelict or abandoned aircraft on the public-use airport; (2) That fees and charges for the use of the airport by the aircraft have accrued and the amount of those fees and charges; (3) That the aircraft is subject to a lien under § 66-29-304 for any unpaid and accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft; (4) That the lien is subject to enforcement pursuant to this part; (5) That the airport may use, trade, sell, or remove the aircraft as described in § 66-29-303 if, within thirty (30) calendar days after the date of receipt of the notice, the owner or other interested party has not removed the aircraft from the airport and paid in full all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft; and (6) That the airport authority may remove the aircraft in less than thirty (30) calendar days if the aircraft poses a danger to the health or safety of users of the public-use airport, as determined by the airport authority.
(1) Of the location of the derelict or abandoned aircraft on the public-use airport;
(2) That fees and charges for the use of the airport by the aircraft have accrued and the amount of those fees and charges;
(3) That the aircraft is subject to a lien under § 66-29-304 for any unpaid and accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft;
(4) That the lien is subject to enforcement pursuant to this part;
(5) That the airport may use, trade, sell, or remove the aircraft as described in § 66-29-303 if, within thirty (30) calendar days after the date of receipt of the notice, the owner or other interested party has not removed the aircraft from the airport and paid in full all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft; and
(6) That the airport authority may remove the aircraft in less than thirty (30) calendar days if the aircraft poses a danger to the health or safety of users of the public-use airport, as determined by the airport authority.
(c) (1) If, after the inquiry required by subdivision (a)(2), the owner of the aircraft is unknown or cannot be found, the airport authority shall place a notice upon the aircraft in a conspicuous position containing the information required by subdivisions (b)(2)-(6). (2) The notice under subdivision (c)(1) shall be not less than eight inches (8") by ten inches (10") and shall be laminated or otherwise sufficiently weatherproof to withstand normal exposure to rain, snow, and other conditions.
(1) If, after the inquiry required by subdivision (a)(2), the owner of the aircraft is unknown or cannot be found, the airport authority shall place a notice upon the aircraft in a conspicuous position containing the information required by subdivisions (b)(2)-(6).
(2) The notice under subdivision (c)(1) shall be not less than eight inches (8") by ten inches (10") and shall be laminated or otherwise sufficiently weatherproof to withstand normal exposure to rain, snow, and other conditions.
Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.