Tenn. Code Ann. § 66-20-103 — TN Code / Title 66 / Chapter 20 / Section 66-20-103
Livery stable keeper's lien
Status: in_force

Livery stable keepers shall be entitled to the same lien provided for in § 66-20-101 on all stock received by them for board and feed, or vehicle kept and/or conditioned, until all reasonable charges are paid. Acts 1868-1869, ch. 16, § 3; Shan., § 3556; mod. Code 1932, § 7979; modified; T.C.A. (orig. ed.), § 64-2003.
Livery stable keepers shall be entitled to the same lien provided for in § 66-20-101 on all stock received by them for board and feed, or vehicle kept and/or conditioned, until all reasonable charges are paid.
Acts 1868-1869, ch. 16, § 3; Shan., § 3556; mod. Code 1932, § 7979; modified; T.C.A. (orig. ed.), § 64-2003.
Tenn. Code Ann. § 66-28-201 — TN Code / Title 66 / Chapter 28 / Section 66-28-201
Terms and conditions
Status: in_force

(a) The landlord and tenant may include in a rental agreement, terms and conditions not prohibited by this chapter or other rule of law including rent, term of the agreement, and other provisions governing the rights and obligations of parties. A rental agreement cannot provide that the tenant agrees to waive or forego rights or remedies under this chapter. The landlord or the landlord's agent shall advise in writing that the landlord is not responsible for, and will not provide, fire or casualty insurance for the tenant's personal property. (b) In absence of a lease agreement, the tenant shall pay the reasonable value for the use and occupancy of the dwelling unit. (c) Rent shall be payable without demand at the time and place agreed upon by the parties. Notice is specifically waived upon the nonpayment of rent by the tenant only if such a waiver is provided for in a written rental agreement. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month. Upon agreement, rent shall be uniformly apportionable from day to day. (d) There shall be a five-day grace period beginning the day the rent was due to the day a fee for the late payment of rent may be charged. The date the rent was due shall be included in the calculation of the five-day grace period. If the last day of the five-day grace period occurs on a Sunday or legal holiday, as defined in § 15-1-101 , the landlord shall not impose any charge or fee for the late payment of rent; provided, that the rent is paid on the next business day. Any charge or fee, however described, which is charged by the landlord for the late payment of rent, shall not exceed ten percent (10%) of the amount of rent past due. Amended by 2013 Tenn. Acts, ch. 206,s 1, eff. 4/23/2013. Acts 1975, ch. 245, § 1.401; T.C.A., § 64-2811; Acts 1984, ch. 876, § 1; 1986, ch. 747, § 1; 1989, ch. 503, § 1; 2000, ch. 666, § 1; 2001, ch. 154, § 1; 2011, ch. 272, § 4.
(a) The landlord and tenant may include in a rental agreement, terms and conditions not prohibited by this chapter or other rule of law including rent, term of the agreement, and other provisions governing the rights and obligations of parties. A rental agreement cannot provide that the tenant agrees to waive or forego rights or remedies under this chapter. The landlord or the landlord's agent shall advise in writing that the landlord is not responsible for, and will not provide, fire or casualty insurance for the tenant's personal property.
(b) In absence of a lease agreement, the tenant shall pay the reasonable value for the use and occupancy of the dwelling unit.
(c) Rent shall be payable without demand at the time and place agreed upon by the parties. Notice is specifically waived upon the nonpayment of rent by the tenant only if such a waiver is provided for in a written rental agreement. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month. Upon agreement, rent shall be uniformly apportionable from day to day.
(d) There shall be a five-day grace period beginning the day the rent was due to the day a fee for the late payment of rent may be charged. The date the rent was due shall be included in the calculation of the five-day grace period. If the last day of the five-day grace period occurs on a Sunday or legal holiday, as defined in § 15-1-101 , the landlord shall not impose any charge or fee for the late payment of rent; provided, that the rent is paid on the next business day. Any charge or fee, however described, which is charged by the landlord for the late payment of rent, shall not exceed ten percent (10%) of the amount of rent past due.
Amended by 2013 Tenn. Acts, ch. 206,s 1, eff. 4/23/2013.
Acts 1975, ch. 245, § 1.401; T.C.A., § 64-2811; Acts 1984, ch. 876, § 1; 1986, ch. 747, § 1; 1989, ch. 503, § 1; 2000, ch. 666, § 1; 2001, ch. 154, § 1; 2011, ch. 272, § 4.
Tenn. Code Ann. § 66-3-302 — TN Code / Title 66 / Chapter 3 / Section 66-3-302
Part definitions
Status: in_force

As used in this part: (1) "Affiliate" means: (A) A person who directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or agent without sole discretionary power to vote the securities; or (ii) Solely to secure a debt, if the person has not exercised the power to vote; (B) A corporation twenty percent (20%) or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or agent without sole power to vote the securities; or (ii) Solely to secure a debt, if the person has not in fact exercised the power to vote; (C) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or (D) A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets; (2) "Asset" means property of a debtor, but the term does not include: (A) Property to the extent it is encumbered by a valid lien; (B) Property to the extent it is generally exempt under nonbankruptcy law; or (C) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one (1) tenant; (3) "Claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; (4) "Creditor" means a person who has a claim; (5) "Debt" means liability on a claim; (6) "Debtor" means a person who is liable on a claim; (7) "Insider" includes: (A) If the debtor is an individual: (i) A relative of the debtor or of a general partner of the debtor; (ii) A partnership in which the debtor is a general partner; (iii) A general partner in a partnership described in subdivision (7)(A)(ii); or (iv) A corporation of which the debtor is a director, officer, or person in control; (B) If the debtor is a corporation: (i) A director of the debtor; (ii) An officer of the debtor; (iii) A person in control of the debtor; (iv) A partnership in which the debtor is a general partner; (v) A general partner in a partnership described in subdivision (7)(B)(iv); or (vi) A relative of a general partner, director, officer, or person in control of the debtor; (C) If the debtor is a partnership: (i) A general partner in the debtor; (ii) A relative of a general partner in, or a general partner of, or a person in control of the debtor; (iii) Another partnership in which the debtor is a general partner; (iv) A general partner in a partnership described in subdivision (7)(C)(iii); or (v) A person in control of the debtor; (D) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and (E) A managing agent of the debtor; (8) "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien; (9) "Person" means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity; (10) "Property" means anything that may be the subject of ownership; (11) "Relative" means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree; (12) "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance; and (13) "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. Acts 2003, ch. 42, § 1.
As used in this part:
(1) "Affiliate" means: (A) A person who directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or agent without sole discretionary power to vote the securities; or (ii) Solely to secure a debt, if the person has not exercised the power to vote; (B) A corporation twenty percent (20%) or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or agent without sole power to vote the securities; or (ii) Solely to secure a debt, if the person has not in fact exercised the power to vote; (C) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or (D) A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets;
(A) A person who directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or agent without sole discretionary power to vote the securities; or (ii) Solely to secure a debt, if the person has not exercised the power to vote;
(i) As a fiduciary or agent without sole discretionary power to vote the securities; or
(ii) Solely to secure a debt, if the person has not exercised the power to vote;
(B) A corporation twenty percent (20%) or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or agent without sole power to vote the securities; or (ii) Solely to secure a debt, if the person has not in fact exercised the power to vote;
(i) As a fiduciary or agent without sole power to vote the securities; or
(ii) Solely to secure a debt, if the person has not in fact exercised the power to vote;
(C) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or
(D) A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets;
(2) "Asset" means property of a debtor, but the term does not include: (A) Property to the extent it is encumbered by a valid lien; (B) Property to the extent it is generally exempt under nonbankruptcy law; or (C) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one (1) tenant;
(A) Property to the extent it is encumbered by a valid lien;
(B) Property to the extent it is generally exempt under nonbankruptcy law; or
(C) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one (1) tenant;
(3) "Claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured;
(4) "Creditor" means a person who has a claim;
(5) "Debt" means liability on a claim;
(6) "Debtor" means a person who is liable on a claim;
(7) "Insider" includes: (A) If the debtor is an individual: (i) A relative of the debtor or of a general partner of the debtor; (ii) A partnership in which the debtor is a general partner; (iii) A general partner in a partnership described in subdivision (7)(A)(ii); or (iv) A corporation of which the debtor is a director, officer, or person in control; (B) If the debtor is a corporation: (i) A director of the debtor; (ii) An officer of the debtor; (iii) A person in control of the debtor; (iv) A partnership in which the debtor is a general partner; (v) A general partner in a partnership described in subdivision (7)(B)(iv); or (vi) A relative of a general partner, director, officer, or person in control of the debtor; (C) If the debtor is a partnership: (i) A general partner in the debtor; (ii) A relative of a general partner in, or a general partner of, or a person in control of the debtor; (iii) Another partnership in which the debtor is a general partner; (iv) A general partner in a partnership described in subdivision (7)(C)(iii); or (v) A person in control of the debtor; (D) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and (E) A managing agent of the debtor;
(A) If the debtor is an individual: (i) A relative of the debtor or of a general partner of the debtor; (ii) A partnership in which the debtor is a general partner; (iii) A general partner in a partnership described in subdivision (7)(A)(ii); or (iv) A corporation of which the debtor is a director, officer, or person in control;
(i) A relative of the debtor or of a general partner of the debtor;
(ii) A partnership in which the debtor is a general partner;
(iii) A general partner in a partnership described in subdivision (7)(A)(ii); or
(iv) A corporation of which the debtor is a director, officer, or person in control;
(B) If the debtor is a corporation: (i) A director of the debtor; (ii) An officer of the debtor; (iii) A person in control of the debtor; (iv) A partnership in which the debtor is a general partner; (v) A general partner in a partnership described in subdivision (7)(B)(iv); or (vi) A relative of a general partner, director, officer, or person in control of the debtor;
(i) A director of the debtor;
(ii) An officer of the debtor;
(iii) A person in control of the debtor;
(iv) A partnership in which the debtor is a general partner;
(v) A general partner in a partnership described in subdivision (7)(B)(iv); or
(vi) A relative of a general partner, director, officer, or person in control of the debtor;
(C) If the debtor is a partnership: (i) A general partner in the debtor; (ii) A relative of a general partner in, or a general partner of, or a person in control of the debtor; (iii) Another partnership in which the debtor is a general partner; (iv) A general partner in a partnership described in subdivision (7)(C)(iii); or (v) A person in control of the debtor;
(i) A general partner in the debtor;
(ii) A relative of a general partner in, or a general partner of, or a person in control of the debtor;
(iii) Another partnership in which the debtor is a general partner;
(iv) A general partner in a partnership described in subdivision (7)(C)(iii); or
(v) A person in control of the debtor;
(D) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
(E) A managing agent of the debtor;
(8) "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien;
(9) "Person" means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity;
(10) "Property" means anything that may be the subject of ownership;
(11) "Relative" means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree;
(12) "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance; and
(13) "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.
Acts 2003, ch. 42, § 1.
Tenn. Code Ann. § 66-12-114 — TN Code / Title 66 / Chapter 12 / Section 66-12-114
Duration of laborer's lien
Status: in_force

The lien provided for in § 66-12-113 shall exist three (3) months from November 15 of the year in which the labor is performed; provided, that an account of such labor rendered be sworn to before some court of general sessions, or clerk of the court issuing the writ of attachment. Acts 1879, ch. 15, § 2; Shan., § 3568; mod. Code 1932, § 8015; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 64-1214.
The lien provided for in § 66-12-113 shall exist three (3) months from November 15 of the year in which the labor is performed; provided, that an account of such labor rendered be sworn to before some court of general sessions, or clerk of the court issuing the writ of attachment.
Acts 1879, ch. 15, § 2; Shan., § 3568; mod. Code 1932, § 8015; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 64-1214.
Tenn. Code Ann. § 66-11-130 — TN Code / Title 66 / Chapter 11 / Section 66-11-130
Demand for enforcement of lien
Status: in_force

Upon written demand of the owner, the owner's agent, or prime contractor, served on the lienor, requiring the lienor to file a complaint, petition, or civil warrant to enforce the lienor's lien, and describing the real property in the demand, the proceeding must be commenced, or the claim filed in a creditors' or foreclosure proceeding, within sixty (60) days after service, or the lien is forfeited. Amended by 2020 Tenn. Acts, ch. 749, s 3, eff. 7/1/2020. Code 1932, § 7947; T.C.A. (orig. ed.), § 64-1130; Acts 2007 , ch. 189, § 29.
Upon written demand of the owner, the owner's agent, or prime contractor, served on the lienor, requiring the lienor to file a complaint, petition, or civil warrant to enforce the lienor's lien, and describing the real property in the demand, the proceeding must be commenced, or the claim filed in a creditors' or foreclosure proceeding, within sixty (60) days after service, or the lien is forfeited.
Amended by 2020 Tenn. Acts, ch. 749, s 3, eff. 7/1/2020.
Code 1932, § 7947; T.C.A. (orig. ed.), § 64-1130; Acts 2007 , ch. 189, § 29.
Tenn. Code Ann. § 66-28-301 — TN Code / Title 66 / Chapter 28 / Section 66-28-301
Security deposits
Status: in_force

(a) All landlords of residential property requiring security deposits prior to occupancy are required to deposit all tenants' security deposits in an account used only for that purpose, in any bank or other lending institution subject to regulation by the state or any agency of the United States government. (b) Except as otherwise provided in subdivision (b)(2)(B), the tenant shall have the right to inspect the premises to determine the tenant's liability for physical damages that are the basis for any charge against the security deposit. An inspection of the premises to determine the tenant's liability for physical damages that are the basis for any charge against the security deposit and the landlord's estimated costs to repair such damage shall be conducted as follows: (1) (A) Upon request by the landlord for a tenant to vacate or within five (5) days after receipt by the landlord of written notice of the tenant's intent to vacate, the landlord may provide notice to the tenant of the tenant's right to be present at the inspection of the premises. Such notice may advise the tenant that the tenant may request a time of inspection to be set by the landlord during normal working hours. The landlord may require the inspection to be after the tenant has completely vacated the premises and is ready to surrender possession and return all means of access to the entire premises; provided, that the inspection shall be either on the day the tenant completely vacates the premises or within four (4) calendar days of the tenant vacating the premises. If the landlord provides written notice of the tenant's right to be present at the landlord's inspection and the tenant schedules an inspection, but fails to attend such inspection, the tenant waives the right to contest any damages found by the landlord as a result of such inspection by the landlord; provided, that notice of the tenant's waiver upon such circumstances is set out in the rental agreement; (B) If a tenant requests a mutual inspection as provided in subdivision (b)(1)(A), the landlord and tenant shall then inspect the premises and compile a comprehensive listing of any presently ascertainable damage to the unit that is the basis for any charge against the security deposit and the estimated dollar cost of repairing the damage. The landlord and tenant shall sign the listing. Except as provided in subsection (g), the signatures of the landlord and the tenant on the listing shall be conclusive evidence of the accuracy of the listing. If the tenant refuses to sign the listing, the tenant shall state specifically in writing the items on the list to which the tenant dissents; (2) (A) If the tenant has acted in any manner set out in subdivisions (b)(2)(B)(i)-(vi), the landlord may inspect the premises and compile a comprehensive listing of any presently ascertainable damage to the unit that is the basis for any charge against the security deposit and the estimated dollar cost of repairing the damage without providing the tenant an opportunity to inspect the premises; provided, that the landlord provides a written copy, sent by certificate of mailing to the tenant, of the listing of any damages and estimated cost of repairs to the tenant upon the tenant's written request; (B) The tenant shall not have a right to inspect the premises as provided in this section if the tenant has: (i) Vacated the rental premises without giving written notice; (ii) Abandoned the premises; (iii) Been judicially removed from the premises; (iv) Not contacted the landlord after the landlord's notice of right to mutual inspection of the premises; (v) Failed to appear at the arranged time of inspection as provided in subdivision (b)(1); or (vi) If the tenant has not requested a mutual inspection pursuant to subsection (b) or is otherwise inaccessible to the landlord. (c) No landlord shall be entitled to retain any portion of a security deposit if the security deposit was not deposited in an account as required by subsection (a) and a listing of damages is not provided as required by subsection (b). (d) A tenant who disputes the accuracy of the final damage listing given pursuant to subsection (b) may bring an action in a circuit or general sessions court of competent jurisdiction of this state. The tenant's claim shall be limited to those items from which the tenant specifically dissented in accordance with the listing or specifically dissented in accordance with subsection (b); otherwise the tenant shall not be entitled to recover any damages under this section. (e) Should a tenant vacate the premises with unpaid rent or other amounts due and owing, the landlord may remove the deposit from the account and apply the moneys to the unpaid debt. (f) In the event the tenant leaves not owing rent and having any refund due, the landlord shall send notification to the last known or reasonably determinable address, of the amount of any refund due the tenant. In the event the landlord shall not have received a response from the tenant within sixty (60) days from the sending of such notification, the landlord may remove the deposit from the account and retain it free from any claim of the tenant or any person claiming in the tenant's behalf. (g) Nothing in this section precludes the landlord from recovering the costs of any and all contractual damages to which the landlord may be entitled, plus the cost of any additional physical damages to the premises that are discovered after an inspection that has been completed pursuant to subsection (b); provided, however, that costs of any physical damage to the premises may only be recovered if the damage was discovered by the landlord prior to the earlier of: (1) Thirty (30) days after the tenant vacated or abandoned the premises; or (2) Seven (7) days after a new tenant takes possession of the premises. (h) Notwithstanding subsection (a), all landlords of residential property shall be required to notify their tenants at the time such persons sign the lease and submit the security deposit, of the location of the account required to be maintained pursuant to this section, but shall not be required to provide the account number to such persons. Acts 1975, ch. 245, § 2.101; T.C.A., § 64-2821; Acts 1984, ch. 645, § 1; 1992, ch. 995, §§ 2, 4-6; 1997 , ch. 397, §§ 1, 2; 2001, ch. 153, § 4; 2004, ch. 683, § 1; 2005, ch. 156, § 2; 2008 , ch. 1067, § 3; 2011 , ch. 272, §§ 6-9; 2012 , ch. 887, § 1.
(a) All landlords of residential property requiring security deposits prior to occupancy are required to deposit all tenants' security deposits in an account used only for that purpose, in any bank or other lending institution subject to regulation by the state or any agency of the United States government.
(b) Except as otherwise provided in subdivision (b)(2)(B), the tenant shall have the right to inspect the premises to determine the tenant's liability for physical damages that are the basis for any charge against the security deposit. An inspection of the premises to determine the tenant's liability for physical damages that are the basis for any charge against the security deposit and the landlord's estimated costs to repair such damage shall be conducted as follows: (1) (A) Upon request by the landlord for a tenant to vacate or within five (5) days after receipt by the landlord of written notice of the tenant's intent to vacate, the landlord may provide notice to the tenant of the tenant's right to be present at the inspection of the premises. Such notice may advise the tenant that the tenant may request a time of inspection to be set by the landlord during normal working hours. The landlord may require the inspection to be after the tenant has completely vacated the premises and is ready to surrender possession and return all means of access to the entire premises; provided, that the inspection shall be either on the day the tenant completely vacates the premises or within four (4) calendar days of the tenant vacating the premises. If the landlord provides written notice of the tenant's right to be present at the landlord's inspection and the tenant schedules an inspection, but fails to attend such inspection, the tenant waives the right to contest any damages found by the landlord as a result of such inspection by the landlord; provided, that notice of the tenant's waiver upon such circumstances is set out in the rental agreement; (B) If a tenant requests a mutual inspection as provided in subdivision (b)(1)(A), the landlord and tenant shall then inspect the premises and compile a comprehensive listing of any presently ascertainable damage to the unit that is the basis for any charge against the security deposit and the estimated dollar cost of repairing the damage. The landlord and tenant shall sign the listing. Except as provided in subsection (g), the signatures of the landlord and the tenant on the listing shall be conclusive evidence of the accuracy of the listing. If the tenant refuses to sign the listing, the tenant shall state specifically in writing the items on the list to which the tenant dissents; (2) (A) If the tenant has acted in any manner set out in subdivisions (b)(2)(B)(i)-(vi), the landlord may inspect the premises and compile a comprehensive listing of any presently ascertainable damage to the unit that is the basis for any charge against the security deposit and the estimated dollar cost of repairing the damage without providing the tenant an opportunity to inspect the premises; provided, that the landlord provides a written copy, sent by certificate of mailing to the tenant, of the listing of any damages and estimated cost of repairs to the tenant upon the tenant's written request; (B) The tenant shall not have a right to inspect the premises as provided in this section if the tenant has: (i) Vacated the rental premises without giving written notice; (ii) Abandoned the premises; (iii) Been judicially removed from the premises; (iv) Not contacted the landlord after the landlord's notice of right to mutual inspection of the premises; (v) Failed to appear at the arranged time of inspection as provided in subdivision (b)(1); or (vi) If the tenant has not requested a mutual inspection pursuant to subsection (b) or is otherwise inaccessible to the landlord.
(1) (A) Upon request by the landlord for a tenant to vacate or within five (5) days after receipt by the landlord of written notice of the tenant's intent to vacate, the landlord may provide notice to the tenant of the tenant's right to be present at the inspection of the premises. Such notice may advise the tenant that the tenant may request a time of inspection to be set by the landlord during normal working hours. The landlord may require the inspection to be after the tenant has completely vacated the premises and is ready to surrender possession and return all means of access to the entire premises; provided, that the inspection shall be either on the day the tenant completely vacates the premises or within four (4) calendar days of the tenant vacating the premises. If the landlord provides written notice of the tenant's right to be present at the landlord's inspection and the tenant schedules an inspection, but fails to attend such inspection, the tenant waives the right to contest any damages found by the landlord as a result of such inspection by the landlord; provided, that notice of the tenant's waiver upon such circumstances is set out in the rental agreement; (B) If a tenant requests a mutual inspection as provided in subdivision (b)(1)(A), the landlord and tenant shall then inspect the premises and compile a comprehensive listing of any presently ascertainable damage to the unit that is the basis for any charge against the security deposit and the estimated dollar cost of repairing the damage. The landlord and tenant shall sign the listing. Except as provided in subsection (g), the signatures of the landlord and the tenant on the listing shall be conclusive evidence of the accuracy of the listing. If the tenant refuses to sign the listing, the tenant shall state specifically in writing the items on the list to which the tenant dissents;
(A) Upon request by the landlord for a tenant to vacate or within five (5) days after receipt by the landlord of written notice of the tenant's intent to vacate, the landlord may provide notice to the tenant of the tenant's right to be present at the inspection of the premises. Such notice may advise the tenant that the tenant may request a time of inspection to be set by the landlord during normal working hours. The landlord may require the inspection to be after the tenant has completely vacated the premises and is ready to surrender possession and return all means of access to the entire premises; provided, that the inspection shall be either on the day the tenant completely vacates the premises or within four (4) calendar days of the tenant vacating the premises. If the landlord provides written notice of the tenant's right to be present at the landlord's inspection and the tenant schedules an inspection, but fails to attend such inspection, the tenant waives the right to contest any damages found by the landlord as a result of such inspection by the landlord; provided, that notice of the tenant's waiver upon such circumstances is set out in the rental agreement;
(B) If a tenant requests a mutual inspection as provided in subdivision (b)(1)(A), the landlord and tenant shall then inspect the premises and compile a comprehensive listing of any presently ascertainable damage to the unit that is the basis for any charge against the security deposit and the estimated dollar cost of repairing the damage. The landlord and tenant shall sign the listing. Except as provided in subsection (g), the signatures of the landlord and the tenant on the listing shall be conclusive evidence of the accuracy of the listing. If the tenant refuses to sign the listing, the tenant shall state specifically in writing the items on the list to which the tenant dissents;
(2) (A) If the tenant has acted in any manner set out in subdivisions (b)(2)(B)(i)-(vi), the landlord may inspect the premises and compile a comprehensive listing of any presently ascertainable damage to the unit that is the basis for any charge against the security deposit and the estimated dollar cost of repairing the damage without providing the tenant an opportunity to inspect the premises; provided, that the landlord provides a written copy, sent by certificate of mailing to the tenant, of the listing of any damages and estimated cost of repairs to the tenant upon the tenant's written request; (B) The tenant shall not have a right to inspect the premises as provided in this section if the tenant has: (i) Vacated the rental premises without giving written notice; (ii) Abandoned the premises; (iii) Been judicially removed from the premises; (iv) Not contacted the landlord after the landlord's notice of right to mutual inspection of the premises; (v) Failed to appear at the arranged time of inspection as provided in subdivision (b)(1); or (vi) If the tenant has not requested a mutual inspection pursuant to subsection (b) or is otherwise inaccessible to the landlord.
(A) If the tenant has acted in any manner set out in subdivisions (b)(2)(B)(i)-(vi), the landlord may inspect the premises and compile a comprehensive listing of any presently ascertainable damage to the unit that is the basis for any charge against the security deposit and the estimated dollar cost of repairing the damage without providing the tenant an opportunity to inspect the premises; provided, that the landlord provides a written copy, sent by certificate of mailing to the tenant, of the listing of any damages and estimated cost of repairs to the tenant upon the tenant's written request;
(B) The tenant shall not have a right to inspect the premises as provided in this section if the tenant has: (i) Vacated the rental premises without giving written notice; (ii) Abandoned the premises; (iii) Been judicially removed from the premises; (iv) Not contacted the landlord after the landlord's notice of right to mutual inspection of the premises; (v) Failed to appear at the arranged time of inspection as provided in subdivision (b)(1); or (vi) If the tenant has not requested a mutual inspection pursuant to subsection (b) or is otherwise inaccessible to the landlord.
(i) Vacated the rental premises without giving written notice;
(ii) Abandoned the premises;
(iii) Been judicially removed from the premises;
(iv) Not contacted the landlord after the landlord's notice of right to mutual inspection of the premises;
(v) Failed to appear at the arranged time of inspection as provided in subdivision (b)(1); or
(vi) If the tenant has not requested a mutual inspection pursuant to subsection (b) or is otherwise inaccessible to the landlord.
(c) No landlord shall be entitled to retain any portion of a security deposit if the security deposit was not deposited in an account as required by subsection (a) and a listing of damages is not provided as required by subsection (b).
(d) A tenant who disputes the accuracy of the final damage listing given pursuant to subsection (b) may bring an action in a circuit or general sessions court of competent jurisdiction of this state. The tenant's claim shall be limited to those items from which the tenant specifically dissented in accordance with the listing or specifically dissented in accordance with subsection (b); otherwise the tenant shall not be entitled to recover any damages under this section.
(e) Should a tenant vacate the premises with unpaid rent or other amounts due and owing, the landlord may remove the deposit from the account and apply the moneys to the unpaid debt.
(f) In the event the tenant leaves not owing rent and having any refund due, the landlord shall send notification to the last known or reasonably determinable address, of the amount of any refund due the tenant. In the event the landlord shall not have received a response from the tenant within sixty (60) days from the sending of such notification, the landlord may remove the deposit from the account and retain it free from any claim of the tenant or any person claiming in the tenant's behalf.
(g) Nothing in this section precludes the landlord from recovering the costs of any and all contractual damages to which the landlord may be entitled, plus the cost of any additional physical damages to the premises that are discovered after an inspection that has been completed pursuant to subsection (b); provided, however, that costs of any physical damage to the premises may only be recovered if the damage was discovered by the landlord prior to the earlier of: (1) Thirty (30) days after the tenant vacated or abandoned the premises; or (2) Seven (7) days after a new tenant takes possession of the premises.
(1) Thirty (30) days after the tenant vacated or abandoned the premises; or
(2) Seven (7) days after a new tenant takes possession of the premises.
(h) Notwithstanding subsection (a), all landlords of residential property shall be required to notify their tenants at the time such persons sign the lease and submit the security deposit, of the location of the account required to be maintained pursuant to this section, but shall not be required to provide the account number to such persons.
Acts 1975, ch. 245, § 2.101; T.C.A., § 64-2821; Acts 1984, ch. 645, § 1; 1992, ch. 995, §§ 2, 4-6; 1997 , ch. 397, §§ 1, 2; 2001, ch. 153, § 4; 2004, ch. 683, § 1; 2005, ch. 156, § 2; 2008 , ch. 1067, § 3; 2011 , ch. 272, §§ 6-9; 2012 , ch. 887, § 1.
Tenn. Code Ann. § 66-32-127 — TN Code / Title 66 / Chapter 32 / Section 66-32-127
Financing of time-share programs
Status: in_force

(a) In the financing of a time-share program, the developer shall retain financial records of the schedule of payments required to be made and the payments made to any person or entity which is the owner of an underlying blanket mortgage, deed of trust, contract of sale or other lien or encumbrance (lienhold). (b) Any transfer of the developer's interest in the time-share program to any third person shall be subject to the obligations of the developer. Acts 1981, ch. 372, § 28; T.C.A., § 64-3228.
(a) In the financing of a time-share program, the developer shall retain financial records of the schedule of payments required to be made and the payments made to any person or entity which is the owner of an underlying blanket mortgage, deed of trust, contract of sale or other lien or encumbrance (lienhold).
(b) Any transfer of the developer's interest in the time-share program to any third person shall be subject to the obligations of the developer.
Acts 1981, ch. 372, § 28; T.C.A., § 64-3228.
Tenn. Code Ann. § 66-23-101 — TN Code / Title 66 / Chapter 23 / Section 66-23-101
Witnesses outside state when maker unavailable
Status: in_force

If the person executing the instrument is dead, or resides or is beyond the limits of the United States and its territories, the instrument may be proved for registration before any clerk of a court of record in any of the states or territories, or before a commissioner for Tennessee, appointed by the governor, in any such state or territory, or before a notary public of such state or territory, by two (2) subscribing witnesses, or, if one (1) of them is dead, then by the subscribing witness living, and proof of the handwriting of the deceased witness by two (2) persons acquainted with such person's handwriting. Acts 1869-1870, ch. 122, § 1; Shan., § 3731; Code 1932, §7646; T.C.A. (orig. ed.), § 64-2301.
If the person executing the instrument is dead, or resides or is beyond the limits of the United States and its territories, the instrument may be proved for registration before any clerk of a court of record in any of the states or territories, or before a commissioner for Tennessee, appointed by the governor, in any such state or territory, or before a notary public of such state or territory, by two (2) subscribing witnesses, or, if one (1) of them is dead, then by the subscribing witness living, and proof of the handwriting of the deceased witness by two (2) persons acquainted with such person's handwriting.
Acts 1869-1870, ch. 122, § 1; Shan., § 3731; Code 1932, §7646; T.C.A. (orig. ed.), § 64-2301.
Tenn. Code Ann. § 66-32-121 — TN Code / Title 66 / Chapter 32 / Section 66-32-121
Powers and duties of commission
Status: in_force

(a) The commission may adopt, amend, and repeal rules, regulations and issue orders consistent with, and in furtherance of the objectives of this part. (b) The commission may prescribe forms and procedures for submitting information to the commission. (c) The commission may accept grants-in-aid from any governmental source and may contract with agencies charged with similar functions in this or other jurisdictions, in furtherance of the objectives of this part. (d) The commission may cooperate with agencies performing similar functions in this and other jurisdictions to develop uniform filing procedures and forms, uniform disclosure standards, and uniform administrative practices, and may develop information that may be useful in the discharge of the commission's duties. (e) The commission may initiate private investigations within or outside this state. (f) The commission shall have the power to revoke, or suspend the real estate license of a sales agent, or the registration of a time-share project, or to otherwise appropriately discipline the sales agent, or fine the developer pursuant to § 56-1-308 , if, after notice and hearing, any of the following conditions exist: (1) Any representation in any document or information filed with the commission is false or misleading; or (2) Any developer or agent of a developer has: (A) Engaged in or is engaging in any unlawful act or practice; (B) Disseminated or caused to be disseminated orally, or in writing, any false or misleading promotional materials in connection with a time-share program; (C) Concealed, diverted, or disposed of any funds or assets of any person in a manner impairing rights of purchasers of time-share intervals in the time-share program; (D) Failed to perform any stipulation or agreement made to induce the commission to issue an order relating to that time-share program; (E) Otherwise violated this part or the commission's rules, regulations, or orders; (F) Makes any willful or negligent misrepresentation, or any willful or negligent omission of material fact about any time-share or time-share project, or exchange program; (G) Makes any false promises of a character likely to influence, persuade or induce; (H) Engages in any other conduct which constitutes improper, fraudulent or dishonest dealing; or (I) Fails to promptly account for any funds held in trust, or who fails to display all records, books and accounts of such funds to the commission upon demand as provided for in this part, and the rules and regulations. (g) The commission may issue a cease and desist order if the developer has not registered the time-share program as required by this part. (h) The commission, after notice and hearing, may issue an order revoking the registration of a time-share program upon determination that a developer or an agent of a developer has failed to comply with a notice of suspension issued by the commission affecting the time-share program. (i) The commission may reject an application for registration if the commission finds that: (1) The developer or any entity or individual which composes the developer, or any officer or director of the developer does not possess a history of honesty, truthfulness, and fair dealing. Factors to be used in making such determination shall include whether the developer or any entity or individual which composes the developer, or any officer or director of the developer has: (A) Been convicted of, or has pleaded nolo contendere to, any crime involving an act of fraud or dishonesty; (B) Consented to or suffered a judgment in any civil or administrative action based upon conduct involving an act of fraud or dishonesty; (C) Consented to or suffered the suspension or revocation of any professional, occupational, or vocational license based upon conduct involving an act of fraud or dishonesty; (D) Knowingly made or caused to be made in any application or report filed with the commission, or in any proceeding before the commission, any written or oral statement which was at the time, and in light of the circumstances under which it was made, false or misleading with respect to material fact; (E) Willfully omitted a material fact with respect to information furnished or requested in connection with an application; (F) Willfully committed any violation of, or has willfully aided, abetted, counseled, commanded, induced, or procured the violation by any other person, of any provision of state law or rule; or (G) Been involved in unlicensed activity; or (2) The commission may reject an application for registration if the commission finds that the developer or any entity or individual which composes the developer, or any officer or director of the developer does not possess a history of financial integrity. Factors to be used in making such determination shall include whether the developer or any entity or individual which composes the developer, or any officer or director of the developer: (A) Has been placed in receivership or conservatorship during the previous ten (10) years; (B) Has filed for bankruptcy within the previous ten (10) years; or (C) Is liable for amounts of debt which would create excessive risks of default. Acts 1981, ch. 372, § 22; T.C.A., § 64-3222; Acts 1985, ch. 98, §§ 5, 6; 1988, ch. 482, § 1.
(a) The commission may adopt, amend, and repeal rules, regulations and issue orders consistent with, and in furtherance of the objectives of this part.
(b) The commission may prescribe forms and procedures for submitting information to the commission.
(c) The commission may accept grants-in-aid from any governmental source and may contract with agencies charged with similar functions in this or other jurisdictions, in furtherance of the objectives of this part.
(d) The commission may cooperate with agencies performing similar functions in this and other jurisdictions to develop uniform filing procedures and forms, uniform disclosure standards, and uniform administrative practices, and may develop information that may be useful in the discharge of the commission's duties.
(e) The commission may initiate private investigations within or outside this state.
(f) The commission shall have the power to revoke, or suspend the real estate license of a sales agent, or the registration of a time-share project, or to otherwise appropriately discipline the sales agent, or fine the developer pursuant to § 56-1-308 , if, after notice and hearing, any of the following conditions exist: (1) Any representation in any document or information filed with the commission is false or misleading; or (2) Any developer or agent of a developer has: (A) Engaged in or is engaging in any unlawful act or practice; (B) Disseminated or caused to be disseminated orally, or in writing, any false or misleading promotional materials in connection with a time-share program; (C) Concealed, diverted, or disposed of any funds or assets of any person in a manner impairing rights of purchasers of time-share intervals in the time-share program; (D) Failed to perform any stipulation or agreement made to induce the commission to issue an order relating to that time-share program; (E) Otherwise violated this part or the commission's rules, regulations, or orders; (F) Makes any willful or negligent misrepresentation, or any willful or negligent omission of material fact about any time-share or time-share project, or exchange program; (G) Makes any false promises of a character likely to influence, persuade or induce; (H) Engages in any other conduct which constitutes improper, fraudulent or dishonest dealing; or (I) Fails to promptly account for any funds held in trust, or who fails to display all records, books and accounts of such funds to the commission upon demand as provided for in this part, and the rules and regulations.
(1) Any representation in any document or information filed with the commission is false or misleading; or
(2) Any developer or agent of a developer has: (A) Engaged in or is engaging in any unlawful act or practice; (B) Disseminated or caused to be disseminated orally, or in writing, any false or misleading promotional materials in connection with a time-share program; (C) Concealed, diverted, or disposed of any funds or assets of any person in a manner impairing rights of purchasers of time-share intervals in the time-share program; (D) Failed to perform any stipulation or agreement made to induce the commission to issue an order relating to that time-share program; (E) Otherwise violated this part or the commission's rules, regulations, or orders; (F) Makes any willful or negligent misrepresentation, or any willful or negligent omission of material fact about any time-share or time-share project, or exchange program; (G) Makes any false promises of a character likely to influence, persuade or induce; (H) Engages in any other conduct which constitutes improper, fraudulent or dishonest dealing; or (I) Fails to promptly account for any funds held in trust, or who fails to display all records, books and accounts of such funds to the commission upon demand as provided for in this part, and the rules and regulations.
(A) Engaged in or is engaging in any unlawful act or practice;
(B) Disseminated or caused to be disseminated orally, or in writing, any false or misleading promotional materials in connection with a time-share program;
(C) Concealed, diverted, or disposed of any funds or assets of any person in a manner impairing rights of purchasers of time-share intervals in the time-share program;
(D) Failed to perform any stipulation or agreement made to induce the commission to issue an order relating to that time-share program;
(E) Otherwise violated this part or the commission's rules, regulations, or orders;
(F) Makes any willful or negligent misrepresentation, or any willful or negligent omission of material fact about any time-share or time-share project, or exchange program;
(G) Makes any false promises of a character likely to influence, persuade or induce;
(H) Engages in any other conduct which constitutes improper, fraudulent or dishonest dealing; or
(I) Fails to promptly account for any funds held in trust, or who fails to display all records, books and accounts of such funds to the commission upon demand as provided for in this part, and the rules and regulations.
(g) The commission may issue a cease and desist order if the developer has not registered the time-share program as required by this part.
(h) The commission, after notice and hearing, may issue an order revoking the registration of a time-share program upon determination that a developer or an agent of a developer has failed to comply with a notice of suspension issued by the commission affecting the time-share program.
(i) The commission may reject an application for registration if the commission finds that: (1) The developer or any entity or individual which composes the developer, or any officer or director of the developer does not possess a history of honesty, truthfulness, and fair dealing. Factors to be used in making such determination shall include whether the developer or any entity or individual which composes the developer, or any officer or director of the developer has: (A) Been convicted of, or has pleaded nolo contendere to, any crime involving an act of fraud or dishonesty; (B) Consented to or suffered a judgment in any civil or administrative action based upon conduct involving an act of fraud or dishonesty; (C) Consented to or suffered the suspension or revocation of any professional, occupational, or vocational license based upon conduct involving an act of fraud or dishonesty; (D) Knowingly made or caused to be made in any application or report filed with the commission, or in any proceeding before the commission, any written or oral statement which was at the time, and in light of the circumstances under which it was made, false or misleading with respect to material fact; (E) Willfully omitted a material fact with respect to information furnished or requested in connection with an application; (F) Willfully committed any violation of, or has willfully aided, abetted, counseled, commanded, induced, or procured the violation by any other person, of any provision of state law or rule; or (G) Been involved in unlicensed activity; or (2) The commission may reject an application for registration if the commission finds that the developer or any entity or individual which composes the developer, or any officer or director of the developer does not possess a history of financial integrity. Factors to be used in making such determination shall include whether the developer or any entity or individual which composes the developer, or any officer or director of the developer: (A) Has been placed in receivership or conservatorship during the previous ten (10) years; (B) Has filed for bankruptcy within the previous ten (10) years; or (C) Is liable for amounts of debt which would create excessive risks of default.
(1) The developer or any entity or individual which composes the developer, or any officer or director of the developer does not possess a history of honesty, truthfulness, and fair dealing. Factors to be used in making such determination shall include whether the developer or any entity or individual which composes the developer, or any officer or director of the developer has: (A) Been convicted of, or has pleaded nolo contendere to, any crime involving an act of fraud or dishonesty; (B) Consented to or suffered a judgment in any civil or administrative action based upon conduct involving an act of fraud or dishonesty; (C) Consented to or suffered the suspension or revocation of any professional, occupational, or vocational license based upon conduct involving an act of fraud or dishonesty; (D) Knowingly made or caused to be made in any application or report filed with the commission, or in any proceeding before the commission, any written or oral statement which was at the time, and in light of the circumstances under which it was made, false or misleading with respect to material fact; (E) Willfully omitted a material fact with respect to information furnished or requested in connection with an application; (F) Willfully committed any violation of, or has willfully aided, abetted, counseled, commanded, induced, or procured the violation by any other person, of any provision of state law or rule; or (G) Been involved in unlicensed activity; or
(A) Been convicted of, or has pleaded nolo contendere to, any crime involving an act of fraud or dishonesty;
(B) Consented to or suffered a judgment in any civil or administrative action based upon conduct involving an act of fraud or dishonesty;
(C) Consented to or suffered the suspension or revocation of any professional, occupational, or vocational license based upon conduct involving an act of fraud or dishonesty;
(D) Knowingly made or caused to be made in any application or report filed with the commission, or in any proceeding before the commission, any written or oral statement which was at the time, and in light of the circumstances under which it was made, false or misleading with respect to material fact;
(E) Willfully omitted a material fact with respect to information furnished or requested in connection with an application;
(F) Willfully committed any violation of, or has willfully aided, abetted, counseled, commanded, induced, or procured the violation by any other person, of any provision of state law or rule; or
(G) Been involved in unlicensed activity; or
(2) The commission may reject an application for registration if the commission finds that the developer or any entity or individual which composes the developer, or any officer or director of the developer does not possess a history of financial integrity. Factors to be used in making such determination shall include whether the developer or any entity or individual which composes the developer, or any officer or director of the developer: (A) Has been placed in receivership or conservatorship during the previous ten (10) years; (B) Has filed for bankruptcy within the previous ten (10) years; or (C) Is liable for amounts of debt which would create excessive risks of default.
(A) Has been placed in receivership or conservatorship during the previous ten (10) years;
(B) Has filed for bankruptcy within the previous ten (10) years; or
(C) Is liable for amounts of debt which would create excessive risks of default.
Acts 1981, ch. 372, § 22; T.C.A., § 64-3222; Acts 1985, ch. 98, §§ 5, 6; 1988, ch. 482, § 1.
Tenn. Code Ann. § 66-11-146 — TN Code / Title 66 / Chapter 11 / Section 66-11-146
"Residential real property" defined - "General contractor" defined - Liens on residential real property
Status: in_force

(a) (1) As used in this subsection (a), "residential real property" means a building consisting of one (1) dwelling unit in which the owner of the real property intends to reside or resides as the owner's principal place of residence, including improvements to or on the parcel of property where the residential building is located, and also means a building consisting of two (2), three (3) or four (4) dwelling units where the owner of the real property intends to reside or resides in one (1) of the units as the owner's principal place of residence, including improvements to or on the parcel of property where the residential building is located. (2) Notwithstanding any other law to the contrary, except as provided in subsection (b), on contracts to improve residential real property, a lien or right of lien on the property shall exist only in favor of a prime contractor. (b) (1) As used in this subsection (b): (A) "General contractor" means the person responsible for the supervision or performance of substantially all of the work, labor, and the furnishing of materials in furtherance of the improvement to the property; and (B) "Residential real property" means improvements to or on a parcel of property upon which a building is constructed or is to be constructed consisting of one (1) dwelling unit intended as the principal place of residence of a person or family. (2) When the owner of residential real property and the general contractor are one and the same person, or a person controls entities owning the property and a general contracting business, a lien or right of lien upon the property shall exist only in favor of the lienors in contractual privity with the owner or general contractor. Acts 1990, ch. 735, § 1; 1990, ch. 854, § 8; 1991, ch. 280, § 1; 2007 , ch. 189, § 45; 2008 , ch. 811, §§ 5, 6.
(a) (1) As used in this subsection (a), "residential real property" means a building consisting of one (1) dwelling unit in which the owner of the real property intends to reside or resides as the owner's principal place of residence, including improvements to or on the parcel of property where the residential building is located, and also means a building consisting of two (2), three (3) or four (4) dwelling units where the owner of the real property intends to reside or resides in one (1) of the units as the owner's principal place of residence, including improvements to or on the parcel of property where the residential building is located. (2) Notwithstanding any other law to the contrary, except as provided in subsection (b), on contracts to improve residential real property, a lien or right of lien on the property shall exist only in favor of a prime contractor.
(1) As used in this subsection (a), "residential real property" means a building consisting of one (1) dwelling unit in which the owner of the real property intends to reside or resides as the owner's principal place of residence, including improvements to or on the parcel of property where the residential building is located, and also means a building consisting of two (2), three (3) or four (4) dwelling units where the owner of the real property intends to reside or resides in one (1) of the units as the owner's principal place of residence, including improvements to or on the parcel of property where the residential building is located.
(2) Notwithstanding any other law to the contrary, except as provided in subsection (b), on contracts to improve residential real property, a lien or right of lien on the property shall exist only in favor of a prime contractor.
(b) (1) As used in this subsection (b): (A) "General contractor" means the person responsible for the supervision or performance of substantially all of the work, labor, and the furnishing of materials in furtherance of the improvement to the property; and (B) "Residential real property" means improvements to or on a parcel of property upon which a building is constructed or is to be constructed consisting of one (1) dwelling unit intended as the principal place of residence of a person or family. (2) When the owner of residential real property and the general contractor are one and the same person, or a person controls entities owning the property and a general contracting business, a lien or right of lien upon the property shall exist only in favor of the lienors in contractual privity with the owner or general contractor.
(1) As used in this subsection (b): (A) "General contractor" means the person responsible for the supervision or performance of substantially all of the work, labor, and the furnishing of materials in furtherance of the improvement to the property; and (B) "Residential real property" means improvements to or on a parcel of property upon which a building is constructed or is to be constructed consisting of one (1) dwelling unit intended as the principal place of residence of a person or family.
(A) "General contractor" means the person responsible for the supervision or performance of substantially all of the work, labor, and the furnishing of materials in furtherance of the improvement to the property; and
(B) "Residential real property" means improvements to or on a parcel of property upon which a building is constructed or is to be constructed consisting of one (1) dwelling unit intended as the principal place of residence of a person or family.
(2) When the owner of residential real property and the general contractor are one and the same person, or a person controls entities owning the property and a general contracting business, a lien or right of lien upon the property shall exist only in favor of the lienors in contractual privity with the owner or general contractor.
Acts 1990, ch. 735, § 1; 1990, ch. 854, § 8; 1991, ch. 280, § 1; 2007 , ch. 189, § 45; 2008 , ch. 811, §§ 5, 6.
Tenn. Code Ann. § 66-11-145 — TN Code / Title 66 / Chapter 11 / Section 66-11-145
Notice of nonpayment - Form of notice
Status: in_force

(a) Every remote contractor with respect to an improvement, except one-family, two-family, three-family and four-family residential units, shall serve, within ninety (90) days of the last day of each month within which work or labor was provided or materials, services, equipment, or machinery furnished and for which the remote contractor intends to claim a lien under this chapter, a notice of nonpayment for the work, labor, materials, services, machinery, or equipment to the owner and prime contractor in contractual privity with the remote contractor if its account is, in fact, unpaid. The notice shall contain: (1) The name of the remote contractor and the address to which the owner and the prime contractor in contractual relation with the remote contractor may send communications to the remote contractor; (2) A general description of the work, labor, materials, services, equipment, or machinery provided; (3) The amount owed as of the date of the notice; (4) A statement of the last date the claimant performed work and/or provided labor or materials, services, equipment, or machinery in connection with the improvements; and (5) A description sufficient to identify the real property against which a lien may be claimed. (b) A remote contractor who fails to provide the notice of nonpayment in compliance with this section shall have no right to claim a lien under this chapter, except this section shall not apply to a certain amount or percentage of the contract amount retained to guarantee performance of the remote contractor. (c) A notice of nonpayment provided in accordance with this section shall not be considered notice required by § 66-11-115 . (d) The notice of nonpayment may be in substantially the following form: Click here to view form. Acts 1990, ch. 854, § 1; 1996, ch. 884, §§ 1, 2; 2002, ch. 568, §§ 1, 2; 2007 , ch. 189, § 44.
(a) Every remote contractor with respect to an improvement, except one-family, two-family, three-family and four-family residential units, shall serve, within ninety (90) days of the last day of each month within which work or labor was provided or materials, services, equipment, or machinery furnished and for which the remote contractor intends to claim a lien under this chapter, a notice of nonpayment for the work, labor, materials, services, machinery, or equipment to the owner and prime contractor in contractual privity with the remote contractor if its account is, in fact, unpaid. The notice shall contain: (1) The name of the remote contractor and the address to which the owner and the prime contractor in contractual relation with the remote contractor may send communications to the remote contractor; (2) A general description of the work, labor, materials, services, equipment, or machinery provided; (3) The amount owed as of the date of the notice; (4) A statement of the last date the claimant performed work and/or provided labor or materials, services, equipment, or machinery in connection with the improvements; and (5) A description sufficient to identify the real property against which a lien may be claimed.
(1) The name of the remote contractor and the address to which the owner and the prime contractor in contractual relation with the remote contractor may send communications to the remote contractor;
(2) A general description of the work, labor, materials, services, equipment, or machinery provided;
(3) The amount owed as of the date of the notice;
(4) A statement of the last date the claimant performed work and/or provided labor or materials, services, equipment, or machinery in connection with the improvements; and
(5) A description sufficient to identify the real property against which a lien may be claimed.
(b) A remote contractor who fails to provide the notice of nonpayment in compliance with this section shall have no right to claim a lien under this chapter, except this section shall not apply to a certain amount or percentage of the contract amount retained to guarantee performance of the remote contractor.
(c) A notice of nonpayment provided in accordance with this section shall not be considered notice required by § 66-11-115 .
(d) The notice of nonpayment may be in substantially the following form: Click here to view form.
Click here to view form.
Acts 1990, ch. 854, § 1; 1996, ch. 884, §§ 1, 2; 2002, ch. 568, §§ 1, 2; 2007 , ch. 189, § 44.
11_145_1 - Attachment
Tenn. Code Ann. § 66-1-103 — TN Code / Title 66 / Chapter 1 / Section 66-1-103
Rule in Shelley's case abolished
Status: in_force

Where a remainder is limited to the heirs or to the heirs of the body of a person, to whom a life estate in the same premises is given, the persons who, on the termination of the life estate, are heirs or heirs of body of such tenant, shall take as purchasers, by virtue of the remainder so limited to them. Code 1858, § 2008 (deriv. Acts 1851-1852, ch. 91, § 1); Shan., § 3674; Code 1932, § 7600; T.C.A. (orig. ed.), § 64-103.
Where a remainder is limited to the heirs or to the heirs of the body of a person, to whom a life estate in the same premises is given, the persons who, on the termination of the life estate, are heirs or heirs of body of such tenant, shall take as purchasers, by virtue of the remainder so limited to them.
Code 1858, § 2008 (deriv. Acts 1851-1852, ch. 91, § 1); Shan., § 3674; Code 1932, § 7600; T.C.A. (orig. ed.), § 64-103.
Tenn. Code Ann. § 66-25-201 — TN Code / Title 66 / Chapter 25 / Section 66-25-201
Marginal release authorized
Status: in_force

The release on satisfaction of any debt, contract or obligation, secured by mortgage or deed of trust, liens retained upon the face of any deed or conveyance, or any other lien, evidenced by written instrument, probated and registered according to law, and the discharge of any such mortgage, deed of trust, or other lien, may be acknowledged by the payee, creditor, obligee, or holder of such debt, contract, or obligation, or by such person's true and lawful assignee, or by the personal representative of such holder, or the assignee of such representative, by an entry, subscribed in the presence of the register of the county where any such instrument is lawfully registered, on the margin of the record thereof, or by execution in like manner of a statement of release in substantially the form prescribed in § 66-25-202 that may be recorded as a written release to allow for effecting the equivalent of a marginal release where microfilming or photocopy or other permanent recording processes are used, and where so done, the statement of release shall be filed and recorded by the register; provided, that the register is personally acquainted with such holder or person making such release, and shall subscribe the same as a witness, in authentication thereof, which the register's official signature shall conclusively imply. Any such entry, when made in accordance with §§ 66-25-201 - 66-25-203, shall have the same effect as a deed of release or quitclaim, duly executed by the person making the release, authenticated and registered. Acts 1990, ch. 902, § 6.
The release on satisfaction of any debt, contract or obligation, secured by mortgage or deed of trust, liens retained upon the face of any deed or conveyance, or any other lien, evidenced by written instrument, probated and registered according to law, and the discharge of any such mortgage, deed of trust, or other lien, may be acknowledged by the payee, creditor, obligee, or holder of such debt, contract, or obligation, or by such person's true and lawful assignee, or by the personal representative of such holder, or the assignee of such representative, by an entry, subscribed in the presence of the register of the county where any such instrument is lawfully registered, on the margin of the record thereof, or by execution in like manner of a statement of release in substantially the form prescribed in § 66-25-202 that may be recorded as a written release to allow for effecting the equivalent of a marginal release where microfilming or photocopy or other permanent recording processes are used, and where so done, the statement of release shall be filed and recorded by the register; provided, that the register is personally acquainted with such holder or person making such release, and shall subscribe the same as a witness, in authentication thereof, which the register's official signature shall conclusively imply. Any such entry, when made in accordance with §§ 66-25-201 - 66-25-203, shall have the same effect as a deed of release or quitclaim, duly executed by the person making the release, authenticated and registered.
Acts 1990, ch. 902, § 6.
Tenn. Code Ann. § 66-28-510 — TN Code / Title 66 / Chapter 28 / Section 66-28-510
Landlord's remedy after termination
Status: in_force

If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees. Acts 1975, ch. 245, § 4.206; T.C.A., § 64-2850.
If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees.
Acts 1975, ch. 245, § 4.206; T.C.A., § 64-2850.
Tenn. Code Ann. § 66-29-124 — TN Code / Title 66 / Chapter 29 / Section 66-29-124
Content of report
Status: in_force

(a) The report required under § 66-29-123 must: (1) Be signed by or on behalf of the holder and verified as to its completeness and accuracy; (2) If filed electronically, be in a secure format approved by the treasurer; (3) Describe the property; (4) Except for the report of a traveler's check, money order, or similar instrument, contain, if known or readily ascertainable, the name, last known address, date of birth, and social security number or taxpayer identification number of the apparent owner of property with a value of twenty-five dollars ($25.00) or more; (5) In the case of an amount held or owing under a life or endowment insurance policy or annuity contract, contain the full name and last known address of the insured, annuitant, or other apparent owner of the policy or contract and of the beneficiary; (6) In the case of property held in or removed from a safe-deposit box, indicate the contents of the property and the name and last known address of the apparent owner; (7) Contain the commencement date for determining abandonment under this part; (8) State that the holder has complied with the notice requirements of § 66-29-128 ; (9) Identify property that is a non-freely transferable security, and explain why it is a non-freely transferable security; and (10) Contain any other information the treasurer may require by rule. (b) A report under § 66-29-123 may include, in the aggregate, items valued at less than twenty-five dollars ($25.00) per item. If the report includes items, in the aggregate, valued at less than twenty-five dollars ($25.00) per item, the treasurer shall not require the holder to provide the name and address of an apparent owner of an item unless the information is necessary to verify or process a claim in progress by the apparent owner. (c) A report under § 66-29-123 may include confidential information as described in § 66-29-178 about the apparent owner or the apparent owner's property to the extent not otherwise prohibited by federal law. (d) If a holder has changed its name while holding property presumed abandoned or is a successor to another person who previously held the property for the apparent owner, the holder shall include in the report under § 66-29-123 its former name or the name of the previous holder, if any, and the last known name and address of each previous holder of the property. Amended by 2021 Tenn. Acts, ch. 258, Secs.s2, s3 eff. 4/28/2021. Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017. Acts 1984, ch. 544, § 12.
(a) The report required under § 66-29-123 must: (1) Be signed by or on behalf of the holder and verified as to its completeness and accuracy; (2) If filed electronically, be in a secure format approved by the treasurer; (3) Describe the property; (4) Except for the report of a traveler's check, money order, or similar instrument, contain, if known or readily ascertainable, the name, last known address, date of birth, and social security number or taxpayer identification number of the apparent owner of property with a value of twenty-five dollars ($25.00) or more; (5) In the case of an amount held or owing under a life or endowment insurance policy or annuity contract, contain the full name and last known address of the insured, annuitant, or other apparent owner of the policy or contract and of the beneficiary; (6) In the case of property held in or removed from a safe-deposit box, indicate the contents of the property and the name and last known address of the apparent owner; (7) Contain the commencement date for determining abandonment under this part; (8) State that the holder has complied with the notice requirements of § 66-29-128 ; (9) Identify property that is a non-freely transferable security, and explain why it is a non-freely transferable security; and (10) Contain any other information the treasurer may require by rule.
(1) Be signed by or on behalf of the holder and verified as to its completeness and accuracy;
(2) If filed electronically, be in a secure format approved by the treasurer;
(3) Describe the property;
(4) Except for the report of a traveler's check, money order, or similar instrument, contain, if known or readily ascertainable, the name, last known address, date of birth, and social security number or taxpayer identification number of the apparent owner of property with a value of twenty-five dollars ($25.00) or more;
(5) In the case of an amount held or owing under a life or endowment insurance policy or annuity contract, contain the full name and last known address of the insured, annuitant, or other apparent owner of the policy or contract and of the beneficiary;
(6) In the case of property held in or removed from a safe-deposit box, indicate the contents of the property and the name and last known address of the apparent owner;
(7) Contain the commencement date for determining abandonment under this part;
(8) State that the holder has complied with the notice requirements of § 66-29-128 ;
(9) Identify property that is a non-freely transferable security, and explain why it is a non-freely transferable security; and
(10) Contain any other information the treasurer may require by rule.
(b) A report under § 66-29-123 may include, in the aggregate, items valued at less than twenty-five dollars ($25.00) per item. If the report includes items, in the aggregate, valued at less than twenty-five dollars ($25.00) per item, the treasurer shall not require the holder to provide the name and address of an apparent owner of an item unless the information is necessary to verify or process a claim in progress by the apparent owner.
(c) A report under § 66-29-123 may include confidential information as described in § 66-29-178 about the apparent owner or the apparent owner's property to the extent not otherwise prohibited by federal law.
(d) If a holder has changed its name while holding property presumed abandoned or is a successor to another person who previously held the property for the apparent owner, the holder shall include in the report under § 66-29-123 its former name or the name of the previous holder, if any, and the last known name and address of each previous holder of the property.
Amended by 2021 Tenn. Acts, ch. 258, Secs.s2, s3 eff. 4/28/2021.
Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
Acts 1984, ch. 544, § 12.
Tenn. Code Ann. § 66-27-504 — TN Code / Title 66 / Chapter 27 / Section 66-27-504
Declarant liability
Status: in_force

If the declarant prepared or caused to be prepared all or a part of the information required by this part, the declarant may be held liable for any materially false or misleading statement, or for any material omission of any required information, with respect to that portion of the information that the declarant prepared. The declarant shall not be liable for: (1) Any false or misleading information or for any omission of material fact unless the declarant had actual knowledge of the statement or omission, or, in the exercise of reasonable care, should have known of the statement or omission; or (2) Following the end of the period of declarant control, failure of the association to provide information under § 66-27-503 that was prepared by the declarant. Acts 2008, ch. 766, § 1.
If the declarant prepared or caused to be prepared all or a part of the information required by this part, the declarant may be held liable for any materially false or misleading statement, or for any material omission of any required information, with respect to that portion of the information that the declarant prepared. The declarant shall not be liable for:
(1) Any false or misleading information or for any omission of material fact unless the declarant had actual knowledge of the statement or omission, or, in the exercise of reasonable care, should have known of the statement or omission; or
(2) Following the end of the period of declarant control, failure of the association to provide information under § 66-27-503 that was prepared by the declarant.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-28-502 — TN Code / Title 66 / Chapter 28 / Section 66-28-502
Failure to supply essential services
Status: in_force

(a) (1) If the landlord deliberately or negligently fails to supply essential services, the tenant shall give written notice to the landlord specifying the breach and may do one (1) of the following: (A) Procure essential services during the period of the landlord's noncompliance and deduct their actual and reasonable costs from the rent; (B) Recover damages based upon the diminution in the fair rental value of the dwelling unit, provided tenant continues to occupy premises; or (C) Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. (2) In addition to the remedy provided in subdivision (a)(1)(C), the tenant may recover the actual and reasonable value of the substitute housing and in any case under this subsection (a), reasonable attorney's fees. (3) "Essential services" means utility services, including gas, heat, electricity, and any other obligations imposed upon the landlord which materially affect the health and safety of the tenant. (b) A tenant who proceeds under this section may not proceed under § 66-28-501 or § 66-28-503 as to that breach. (c) The rights under this section do not arise until the tenant has given written notice to the landlord and has shown that the condition was not caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent. Acts 1975, ch. 245, § 4.102; 1978, ch. 735, § 2; T.C.A., § 64-2842.
(a) (1) If the landlord deliberately or negligently fails to supply essential services, the tenant shall give written notice to the landlord specifying the breach and may do one (1) of the following: (A) Procure essential services during the period of the landlord's noncompliance and deduct their actual and reasonable costs from the rent; (B) Recover damages based upon the diminution in the fair rental value of the dwelling unit, provided tenant continues to occupy premises; or (C) Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. (2) In addition to the remedy provided in subdivision (a)(1)(C), the tenant may recover the actual and reasonable value of the substitute housing and in any case under this subsection (a), reasonable attorney's fees. (3) "Essential services" means utility services, including gas, heat, electricity, and any other obligations imposed upon the landlord which materially affect the health and safety of the tenant.
(1) If the landlord deliberately or negligently fails to supply essential services, the tenant shall give written notice to the landlord specifying the breach and may do one (1) of the following: (A) Procure essential services during the period of the landlord's noncompliance and deduct their actual and reasonable costs from the rent; (B) Recover damages based upon the diminution in the fair rental value of the dwelling unit, provided tenant continues to occupy premises; or (C) Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.
(A) Procure essential services during the period of the landlord's noncompliance and deduct their actual and reasonable costs from the rent;
(B) Recover damages based upon the diminution in the fair rental value of the dwelling unit, provided tenant continues to occupy premises; or
(C) Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.
(2) In addition to the remedy provided in subdivision (a)(1)(C), the tenant may recover the actual and reasonable value of the substitute housing and in any case under this subsection (a), reasonable attorney's fees.
(3) "Essential services" means utility services, including gas, heat, electricity, and any other obligations imposed upon the landlord which materially affect the health and safety of the tenant.
(b) A tenant who proceeds under this section may not proceed under § 66-28-501 or § 66-28-503 as to that breach.
(c) The rights under this section do not arise until the tenant has given written notice to the landlord and has shown that the condition was not caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.
Acts 1975, ch. 245, § 4.102; 1978, ch. 735, § 2; T.C.A., § 64-2842.
Tenn. Code Ann. § 66-24-103 — TN Code / Title 66 / Chapter 24 / Section 66-24-103
Conveyances of land
Status: in_force

If the instrument be a conveyance, or for the conveyance, of land, it shall be registered in the county where the land lies, unless it lies partly in two (2) or more counties, and then it may be registered in either; and where it contains several tracts of land, lying in different counties, it shall be registered in each of the counties where any of the tracts lie. Code 1858, § 2032 (deriv. Acts 1831, ch. 90, § 5); Shan., § 3705; Code 1932, § 7625; T.C.A. (orig. ed.), § 64-2403.
If the instrument be a conveyance, or for the conveyance, of land, it shall be registered in the county where the land lies, unless it lies partly in two (2) or more counties, and then it may be registered in either; and where it contains several tracts of land, lying in different counties, it shall be registered in each of the counties where any of the tracts lie.
Code 1858, § 2032 (deriv. Acts 1831, ch. 90, § 5); Shan., § 3705; Code 1932, § 7625; T.C.A. (orig. ed.), § 64-2403.
Tenn. Code Ann. § 66-28-107 — TN Code / Title 66 / Chapter 28 / Section 66-28-107
Residential landlord registration
Status: in_force

(a) (1) Each landlord of one (1) or more dwelling units is required to furnish the following information with the agency or department of local government that is responsible for enforcing building codes in the jurisdiction where the dwelling units are located: (A) The landlord or the landlord's agent's name, telephone number, and physical address, which does not include a post office box; and (B) The street address and unit number, as appropriate, for each dwelling unit that the landlord owns, leases, or subleases or has the right to own, lease, or sublease. (2) The information required under subdivision (a)(1) shall be furnished on a form provided by the agency or department responsible for enforcing building codes. The agency or department is authorized to collect from a landlord filing the form a fee not to exceed ten dollars ($10.00) per year. (3) If any information required under subdivision (a)(1) or the ownership of the dwelling units changes, the landlord who transferred the property by sale or otherwise, or the landlord's agent, shall notify the agency or department of such change within thirty (30) days of the change in ownership. (b) (1) Any landlord who fails to register or who fails to send notification of change of ownership as required by this section shall be assessed a fine in the amount of fifty dollars ($50.00) per week by the agency or department of local government that is responsible for enforcing building codes in the jurisdiction where the dwelling units are located. (2) Prior to the assessment of the fine, the landlord shall be given an opportunity to appear and be heard at a hearing to be held concerning the landlord's failure to register or failure to send notification of change of ownership. A written notice of the date, time and place of the hearing shall be mailed the landlord at least fifteen (15) days prior to the scheduled hearing. (c) This section shall only apply to any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census. Amended by 2014 Tenn. Acts, ch. 845,Secs.s1, s2, s3, s4 eff. 4/29/2014. Acts 2006, ch. 800, § 1.
(a) (1) Each landlord of one (1) or more dwelling units is required to furnish the following information with the agency or department of local government that is responsible for enforcing building codes in the jurisdiction where the dwelling units are located: (A) The landlord or the landlord's agent's name, telephone number, and physical address, which does not include a post office box; and (B) The street address and unit number, as appropriate, for each dwelling unit that the landlord owns, leases, or subleases or has the right to own, lease, or sublease. (2) The information required under subdivision (a)(1) shall be furnished on a form provided by the agency or department responsible for enforcing building codes. The agency or department is authorized to collect from a landlord filing the form a fee not to exceed ten dollars ($10.00) per year. (3) If any information required under subdivision (a)(1) or the ownership of the dwelling units changes, the landlord who transferred the property by sale or otherwise, or the landlord's agent, shall notify the agency or department of such change within thirty (30) days of the change in ownership.
(1) Each landlord of one (1) or more dwelling units is required to furnish the following information with the agency or department of local government that is responsible for enforcing building codes in the jurisdiction where the dwelling units are located: (A) The landlord or the landlord's agent's name, telephone number, and physical address, which does not include a post office box; and (B) The street address and unit number, as appropriate, for each dwelling unit that the landlord owns, leases, or subleases or has the right to own, lease, or sublease.
(A) The landlord or the landlord's agent's name, telephone number, and physical address, which does not include a post office box; and
(B) The street address and unit number, as appropriate, for each dwelling unit that the landlord owns, leases, or subleases or has the right to own, lease, or sublease.
(2) The information required under subdivision (a)(1) shall be furnished on a form provided by the agency or department responsible for enforcing building codes. The agency or department is authorized to collect from a landlord filing the form a fee not to exceed ten dollars ($10.00) per year.
(3) If any information required under subdivision (a)(1) or the ownership of the dwelling units changes, the landlord who transferred the property by sale or otherwise, or the landlord's agent, shall notify the agency or department of such change within thirty (30) days of the change in ownership.
(b) (1) Any landlord who fails to register or who fails to send notification of change of ownership as required by this section shall be assessed a fine in the amount of fifty dollars ($50.00) per week by the agency or department of local government that is responsible for enforcing building codes in the jurisdiction where the dwelling units are located. (2) Prior to the assessment of the fine, the landlord shall be given an opportunity to appear and be heard at a hearing to be held concerning the landlord's failure to register or failure to send notification of change of ownership. A written notice of the date, time and place of the hearing shall be mailed the landlord at least fifteen (15) days prior to the scheduled hearing.
(1) Any landlord who fails to register or who fails to send notification of change of ownership as required by this section shall be assessed a fine in the amount of fifty dollars ($50.00) per week by the agency or department of local government that is responsible for enforcing building codes in the jurisdiction where the dwelling units are located.
(2) Prior to the assessment of the fine, the landlord shall be given an opportunity to appear and be heard at a hearing to be held concerning the landlord's failure to register or failure to send notification of change of ownership. A written notice of the date, time and place of the hearing shall be mailed the landlord at least fifteen (15) days prior to the scheduled hearing.
(c) This section shall only apply to any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census.
Amended by 2014 Tenn. Acts, ch. 845,Secs.s1, s2, s3, s4 eff. 4/29/2014.
Acts 2006, ch. 800, § 1.
Tenn. Code Ann. § 66-9-103 — TN Code / Title 66 / Chapter 9 / Section 66-9-103
Enforcement of preservation restriction - Entry on land - Recovery of damages
Status: in_force

A preservation restriction may be enforced by injunction or other proceeding in equity, and shall entitle representatives of the holder of such restriction to enter the land in a reasonable manner and at reasonable times to assure compliance. Nothing in this section shall prevent the holder from also recovering any damages to which the holder may otherwise be entitled. Acts 1979, ch. 45, § 3; T.C.A., § 64-9-103.
A preservation restriction may be enforced by injunction or other proceeding in equity, and shall entitle representatives of the holder of such restriction to enter the land in a reasonable manner and at reasonable times to assure compliance. Nothing in this section shall prevent the holder from also recovering any damages to which the holder may otherwise be entitled.
Acts 1979, ch. 45, § 3; T.C.A., § 64-9-103.
Tenn. Code Ann. § 66-28-505 — TN Code / Title 66 / Chapter 28 / Section 66-28-505
Noncompliance by tenant - Failure to pay rent
Status: in_force

(a) (1) Except as otherwise provided in subsection (b), if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with § 66-28-401 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement shall terminate as provided in subdivision (a)(2) or (a)(3). (2) If the breach for which notice was given in subdivision (a)(1) is remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that if the breach is not remedied within fourteen (14) days after receipt of such notice, the rental agreement shall terminate, subject to the following: (A) All repairs to be made by the tenant to remedy the tenant's breach must be requested in writing by the tenant and authorized in writing by the landlord prior to such repairs being made; provided, however, that the notice sent pursuant to this subdivision (a)(2) shall inform the tenant that prior written authorization must be given by the landlord to the tenant pursuant to this subdivision (a)(2)(A); and (B) If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least seven (7) days' written notice specifying the breach and the date of termination of the rental agreement. (3) If the breach for which notice was given in subdivision (a)(1) is not remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that the rental agreement shall terminate upon a date not less than fourteen (14) days after receipt of the notice. (4) Nothing in subdivision (a)(2) or (a)(3) shall be construed as requiring a landlord to provide additional notice to the tenant other than the notice required by this section. (b) Notwithstanding subsection (a), if the tenant waives any notice required by this section, the landlord may proceed to file a detainer warrant immediately upon breach of the agreement for failure to pay rent without the landlord providing notice of such breach to the tenant; provided, however, that this subsection (b) shall not reduce the tenant's grace period as provided in § 66-28-201 . The tenant's waiver pursuant to this subsection (b) shall be set out in twelve (12) point bold font or larger in the rental agreement. (c) Notwithstanding notice of a breach or the filing of a detainer warrant pursuant to this section, the rental agreement is enforceable by the landlord for the collection of rent for the remaining term of the rental agreement. (d) Except as otherwise provided in this chapter, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or § 66-28-401 . The landlord may recover reasonable attorney's fees for breach of contract and nonpayment of rent as provided in the rental agreement. (e) The landlord may recover punitive damages from the tenant for willful destruction of property caused by the tenant or by any other person on the premises with the tenant's consent. (f) (1) It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant: (A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or (B) Provides documentation under § 66-28-406(c) that falsely states an animal is a service animal or support animal. (2) As used in this subsection (f), "service animal" and "support animal" have the same meanings as the terms are defined in § 66-28-406(a) . (3) In the event of any violation under subdivision (f)(1), the landlord may terminate the tenancy and recover damages, including, but not limited to, reasonable attorney's fees. (4) Only to the extent it conflicts with federal or state law, this subsection (f) does not apply to public housing units owned by a governmental entity. Amended by 2019 Tenn. Acts, ch. 236, s 4, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 960, s 2, eff. 7/1/2018. Amended by 2014 Tenn. Acts, ch. 593, Secs.s 1, s 2, s 3 eff. 3/28/2014. Acts 1975, ch. 245, § 4.201; T.C.A., § 64-2845; Acts 2011 , ch. 272, § 11.
(a) (1) Except as otherwise provided in subsection (b), if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with § 66-28-401 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement shall terminate as provided in subdivision (a)(2) or (a)(3). (2) If the breach for which notice was given in subdivision (a)(1) is remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that if the breach is not remedied within fourteen (14) days after receipt of such notice, the rental agreement shall terminate, subject to the following: (A) All repairs to be made by the tenant to remedy the tenant's breach must be requested in writing by the tenant and authorized in writing by the landlord prior to such repairs being made; provided, however, that the notice sent pursuant to this subdivision (a)(2) shall inform the tenant that prior written authorization must be given by the landlord to the tenant pursuant to this subdivision (a)(2)(A); and (B) If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least seven (7) days' written notice specifying the breach and the date of termination of the rental agreement. (3) If the breach for which notice was given in subdivision (a)(1) is not remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that the rental agreement shall terminate upon a date not less than fourteen (14) days after receipt of the notice. (4) Nothing in subdivision (a)(2) or (a)(3) shall be construed as requiring a landlord to provide additional notice to the tenant other than the notice required by this section.
(1) Except as otherwise provided in subsection (b), if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with § 66-28-401 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement shall terminate as provided in subdivision (a)(2) or (a)(3).
(2) If the breach for which notice was given in subdivision (a)(1) is remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that if the breach is not remedied within fourteen (14) days after receipt of such notice, the rental agreement shall terminate, subject to the following: (A) All repairs to be made by the tenant to remedy the tenant's breach must be requested in writing by the tenant and authorized in writing by the landlord prior to such repairs being made; provided, however, that the notice sent pursuant to this subdivision (a)(2) shall inform the tenant that prior written authorization must be given by the landlord to the tenant pursuant to this subdivision (a)(2)(A); and (B) If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least seven (7) days' written notice specifying the breach and the date of termination of the rental agreement.
(A) All repairs to be made by the tenant to remedy the tenant's breach must be requested in writing by the tenant and authorized in writing by the landlord prior to such repairs being made; provided, however, that the notice sent pursuant to this subdivision (a)(2) shall inform the tenant that prior written authorization must be given by the landlord to the tenant pursuant to this subdivision (a)(2)(A); and
(B) If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least seven (7) days' written notice specifying the breach and the date of termination of the rental agreement.
(3) If the breach for which notice was given in subdivision (a)(1) is not remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that the rental agreement shall terminate upon a date not less than fourteen (14) days after receipt of the notice.
(4) Nothing in subdivision (a)(2) or (a)(3) shall be construed as requiring a landlord to provide additional notice to the tenant other than the notice required by this section.
(b) Notwithstanding subsection (a), if the tenant waives any notice required by this section, the landlord may proceed to file a detainer warrant immediately upon breach of the agreement for failure to pay rent without the landlord providing notice of such breach to the tenant; provided, however, that this subsection (b) shall not reduce the tenant's grace period as provided in § 66-28-201 . The tenant's waiver pursuant to this subsection (b) shall be set out in twelve (12) point bold font or larger in the rental agreement.
(c) Notwithstanding notice of a breach or the filing of a detainer warrant pursuant to this section, the rental agreement is enforceable by the landlord for the collection of rent for the remaining term of the rental agreement.
(d) Except as otherwise provided in this chapter, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or § 66-28-401 . The landlord may recover reasonable attorney's fees for breach of contract and nonpayment of rent as provided in the rental agreement.
(e) The landlord may recover punitive damages from the tenant for willful destruction of property caused by the tenant or by any other person on the premises with the tenant's consent.
(f) (1) It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant: (A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or (B) Provides documentation under § 66-28-406(c) that falsely states an animal is a service animal or support animal. (2) As used in this subsection (f), "service animal" and "support animal" have the same meanings as the terms are defined in § 66-28-406(a) . (3) In the event of any violation under subdivision (f)(1), the landlord may terminate the tenancy and recover damages, including, but not limited to, reasonable attorney's fees. (4) Only to the extent it conflicts with federal or state law, this subsection (f) does not apply to public housing units owned by a governmental entity.
(1) It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant: (A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or (B) Provides documentation under § 66-28-406(c) that falsely states an animal is a service animal or support animal.
(A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or
(B) Provides documentation under § 66-28-406(c) that falsely states an animal is a service animal or support animal.
(2) As used in this subsection (f), "service animal" and "support animal" have the same meanings as the terms are defined in § 66-28-406(a) .
(3) In the event of any violation under subdivision (f)(1), the landlord may terminate the tenancy and recover damages, including, but not limited to, reasonable attorney's fees.
(4) Only to the extent it conflicts with federal or state law, this subsection (f) does not apply to public housing units owned by a governmental entity.
Amended by 2019 Tenn. Acts, ch. 236, s 4, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 960, s 2, eff. 7/1/2018.
Amended by 2014 Tenn. Acts, ch. 593, Secs.s 1, s 2, s 3 eff. 3/28/2014.
Acts 1975, ch. 245, § 4.201; T.C.A., § 64-2845; Acts 2011 , ch. 272, § 11.
Tenn. Code Ann. § 66-2-304 — TN Code / Title 66 / Chapter 2 / Section 66-2-304
Registration of interest in agricultural land held by a prohibited foreign party - Registration requirements - Report of violations - Civil penalties
Status: in_force

(a) A prohibited foreign party or prohibited foreign-party-controlled business that holds an interest in agricultural land in this state on or after January 1, 2025, shall register the interest in such land with the commissioner of agriculture. (b) Registration pursuant to subsection (a) must be made: (1) In such form and manner as prescribed by the commissioner of agriculture; and (2) Within the later of sixty (60) days after: (A) January 1, 2025; or (B) The date the prohibited foreign party or prohibited foreign-party-controlled business acquires the interest in agricultural land. (c) The commissioner of agriculture shall require that registration pursuant to this section includes: (1) The legal name, street address, mailing address, if different, and the birthplace and nationality of the prohibited foreign party that owns the interest in agricultural land or that owns a controlling interest in the prohibited foreign-party-controlled business that owns the interest in agricultural land; (2) The legal name, street address, mailing address, if different, and the birthplace and nationality of the agent, trustee, or fiduciary of the prohibited foreign party or prohibited foreign-party-controlled business described in subdivision (c)(1), if specifically authorized to: (A) Purchase the agricultural land; or (B) Supervise the daily operations on the agricultural land; (3) A statement of the purpose for conducting business in this state; (4) A description of the purpose of the interest in agricultural land in this state as it relates to the stated business purpose of subdivision (c)(3); (5) The legal name, street address, and mailing address of any parent of the registering party, including the legal name, street address, and mailing address of any subsidiary or intermediary of the parent; (6) The legal name, street address, and mailing address of any subsidiary of the registering party; and (7) A listing of all other interests in agricultural land that are held directly or indirectly by the registering party, parent of the registering party, or subsidiary or intermediary of the parent in the United States that exceeds, in the aggregate, two hundred fifty (250) acres. (d) If the commissioner of agriculture finds that a prohibited foreign party or prohibited foreign-party-controlled business has acquired or holds title to or an interest in agricultural land in this state in violation of this part, then the commissioner of agriculture shall report the violation to the attorney general and reporter. (e) If the commissioner of agriculture finds that a prohibited foreign party or prohibited foreign-party-controlled business violated this part by failing to timely register as required under this section, then the commissioner of agriculture shall assess a civil penalty not to exceed two thousand dollars ($2,000) for each violation. 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) A prohibited foreign party or prohibited foreign-party-controlled business that holds an interest in agricultural land in this state on or after January 1, 2025, shall register the interest in such land with the commissioner of agriculture.
(b) Registration pursuant to subsection (a) must be made: (1) In such form and manner as prescribed by the commissioner of agriculture; and (2) Within the later of sixty (60) days after: (A) January 1, 2025; or (B) The date the prohibited foreign party or prohibited foreign-party-controlled business acquires the interest in agricultural land.
(1) In such form and manner as prescribed by the commissioner of agriculture; and
(2) Within the later of sixty (60) days after: (A) January 1, 2025; or (B) The date the prohibited foreign party or prohibited foreign-party-controlled business acquires the interest in agricultural land.
(A) January 1, 2025; or
(B) The date the prohibited foreign party or prohibited foreign-party-controlled business acquires the interest in agricultural land.
(c) The commissioner of agriculture shall require that registration pursuant to this section includes: (1) The legal name, street address, mailing address, if different, and the birthplace and nationality of the prohibited foreign party that owns the interest in agricultural land or that owns a controlling interest in the prohibited foreign-party-controlled business that owns the interest in agricultural land; (2) The legal name, street address, mailing address, if different, and the birthplace and nationality of the agent, trustee, or fiduciary of the prohibited foreign party or prohibited foreign-party-controlled business described in subdivision (c)(1), if specifically authorized to: (A) Purchase the agricultural land; or (B) Supervise the daily operations on the agricultural land; (3) A statement of the purpose for conducting business in this state; (4) A description of the purpose of the interest in agricultural land in this state as it relates to the stated business purpose of subdivision (c)(3); (5) The legal name, street address, and mailing address of any parent of the registering party, including the legal name, street address, and mailing address of any subsidiary or intermediary of the parent; (6) The legal name, street address, and mailing address of any subsidiary of the registering party; and (7) A listing of all other interests in agricultural land that are held directly or indirectly by the registering party, parent of the registering party, or subsidiary or intermediary of the parent in the United States that exceeds, in the aggregate, two hundred fifty (250) acres.
(1) The legal name, street address, mailing address, if different, and the birthplace and nationality of the prohibited foreign party that owns the interest in agricultural land or that owns a controlling interest in the prohibited foreign-party-controlled business that owns the interest in agricultural land;
(2) The legal name, street address, mailing address, if different, and the birthplace and nationality of the agent, trustee, or fiduciary of the prohibited foreign party or prohibited foreign-party-controlled business described in subdivision (c)(1), if specifically authorized to: (A) Purchase the agricultural land; or (B) Supervise the daily operations on the agricultural land;
(A) Purchase the agricultural land; or
(B) Supervise the daily operations on the agricultural land;
(3) A statement of the purpose for conducting business in this state;
(4) A description of the purpose of the interest in agricultural land in this state as it relates to the stated business purpose of subdivision (c)(3);
(5) The legal name, street address, and mailing address of any parent of the registering party, including the legal name, street address, and mailing address of any subsidiary or intermediary of the parent;
(6) The legal name, street address, and mailing address of any subsidiary of the registering party; and
(7) A listing of all other interests in agricultural land that are held directly or indirectly by the registering party, parent of the registering party, or subsidiary or intermediary of the parent in the United States that exceeds, in the aggregate, two hundred fifty (250) acres.
(d) If the commissioner of agriculture finds that a prohibited foreign party or prohibited foreign-party-controlled business has acquired or holds title to or an interest in agricultural land in this state in violation of this part, then the commissioner of agriculture shall report the violation to the attorney general and reporter.
(e) If the commissioner of agriculture finds that a prohibited foreign party or prohibited foreign-party-controlled business violated this part by failing to timely register as required under this section, then the commissioner of agriculture shall assess a civil penalty not to exceed two thousand dollars ($2,000) for each violation.
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. § 66-28-504 — TN Code / Title 66 / Chapter 28 / Section 66-28-504
Unlawful ouster, exclusion, or diminution of service
Status: in_force

If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting essential services as provided in the rental agreement to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover actual damages sustained by the tenant, and punitive damages when appropriate, plus a reasonable attorney's fee. If the rental agreement is terminated under this section, the landlord shall return all prepaid rent and security deposits. Acts 1975, ch. 245, § 4.104; T.C.A., § 64-2844.
If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting essential services as provided in the rental agreement to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover actual damages sustained by the tenant, and punitive damages when appropriate, plus a reasonable attorney's fee. If the rental agreement is terminated under this section, the landlord shall return all prepaid rent and security deposits.
Acts 1975, ch. 245, § 4.104; T.C.A., § 64-2844.
Tenn. Code Ann. § 66-29-177 — TN Code / Title 66 / Chapter 29 / Section 66-29-177
Apparent owner's agent
Status: in_force

(a) An apparent owner that contracts with a person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner that is held by the treasurer may appoint or designate the person as the apparent owner's agent. The appointment or designation must be in a record signed by the apparent owner and delivered to the treasurer. (b) An apparent owner's agent is entitled to receive from the treasurer all information concerning the property which the apparent owner would be entitled to receive, including information that would otherwise be confidential information under § 66-29-178 . (c) If authorized by the apparent owner, the apparent owner's agent may bring an action against the treasurer on behalf of, and in the name of, the apparent owner. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) An apparent owner that contracts with a person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner that is held by the treasurer may appoint or designate the person as the apparent owner's agent. The appointment or designation must be in a record signed by the apparent owner and delivered to the treasurer.
(b) An apparent owner's agent is entitled to receive from the treasurer all information concerning the property which the apparent owner would be entitled to receive, including information that would otherwise be confidential information under § 66-29-178 .
(c) If authorized by the apparent owner, the apparent owner's agent may bring an action against the treasurer on behalf of, and in the name of, the apparent owner.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-11-202 — TN Code / Title 66 / Chapter 11 / Section 66-11-202
Part definitions
Status: in_force

As used in this part, unless the context or subject matter indicates another meaning, the words and phrases defined in § 66-11-101 , as amended and as may from time to time be amended, have the same meaning as set out in that section and such § 66-11-101 as amended and as may from time to time be amended is incorporated in this part by reference. Acts 1975, ch. 364, § 2; T.C.A., § 64-1153.
As used in this part, unless the context or subject matter indicates another meaning, the words and phrases defined in § 66-11-101 , as amended and as may from time to time be amended, have the same meaning as set out in that section and such § 66-11-101 as amended and as may from time to time be amended is incorporated in this part by reference.
Acts 1975, ch. 364, § 2; T.C.A., § 64-1153.
Tenn. Code Ann. § 66-24-203 — TN Code / Title 66 / Chapter 24 / Section 66-24-203
Validity of electronic documents
Status: in_force

(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this part. (b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature or a digitized image of a wet signature. (c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature or a digitized image of a wet signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature. (d) (1) A county register may receive for registration any electronic document that is created by making a digitized image of an original paper document that is eligible for registration, and beginning July 1, 2007, has the certification required by § 66-24-101(d) . (2) All recordings of electronic documents eligible for registration pursuant to this subsection (d) are validly registered when accepted for recording by the county register. Electronic documents registered by county registers prior to July 1, 2007, shall be considered validly registered. Acts 2007, ch. 420, § 2.
(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this part.
(b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature or a digitized image of a wet signature.
(c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature or a digitized image of a wet signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
(d) (1) A county register may receive for registration any electronic document that is created by making a digitized image of an original paper document that is eligible for registration, and beginning July 1, 2007, has the certification required by § 66-24-101(d) . (2) All recordings of electronic documents eligible for registration pursuant to this subsection (d) are validly registered when accepted for recording by the county register. Electronic documents registered by county registers prior to July 1, 2007, shall be considered validly registered.
(1) A county register may receive for registration any electronic document that is created by making a digitized image of an original paper document that is eligible for registration, and beginning July 1, 2007, has the certification required by § 66-24-101(d) .
(2) All recordings of electronic documents eligible for registration pursuant to this subsection (d) are validly registered when accepted for recording by the county register. Electronic documents registered by county registers prior to July 1, 2007, shall be considered validly registered.
Acts 2007, ch. 420, § 2.
Tenn. Code Ann. § 66-4-103 — TN Code / Title 66 / Chapter 4 / Section 66-4-103
Deed by one of several representatives
Status: in_force

If there are several personal representatives, a deed by any of the representatives will be as valid as if executed by all. Code 1858, § 2027 (deriv. Acts 1794, ch. 5, § 3); Shan., § 3694; Code 1932, § 7616; T.C.A. (orig. ed.), § 64-403.
If there are several personal representatives, a deed by any of the representatives will be as valid as if executed by all.
Code 1858, § 2027 (deriv. Acts 1794, ch. 5, § 3); Shan., § 3694; Code 1932, § 7616; T.C.A. (orig. ed.), § 64-403.
Tenn. Code Ann. § 66-29-158 — TN Code / Title 66 / Chapter 29 / Section 66-29-158
Rules for conducting examination
Status: in_force

(a) The treasurer shall prescribe by rule procedures and standards for an examination under § 66-29-157 , including procedures and standards for the use of an estimation, extrapolation, and statistical sampling during an examination. (b) An examination under § 66-29-157 must be performed in accordance with procedures and standards adopted by rule under subsection (a) and with generally accepted examination procedures and standards applicable to unclaimed property examinations. (c) If a person subject to examination under § 66-29-157 has filed all reports required by § 66-29-123 and has retained the records required by § 66-29-126 , the following provisions apply: (1) The examination must include a review of the person's records; (2) The examination must not be based on an estimate unless the person expressly consents in a record to the use of an estimate; and (3) The person conducting the examination shall consider all evidence presented by the person in good faith in preparing a report of the examination under § 66-29-162 . Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) The treasurer shall prescribe by rule procedures and standards for an examination under § 66-29-157 , including procedures and standards for the use of an estimation, extrapolation, and statistical sampling during an examination.
(b) An examination under § 66-29-157 must be performed in accordance with procedures and standards adopted by rule under subsection (a) and with generally accepted examination procedures and standards applicable to unclaimed property examinations.
(c) If a person subject to examination under § 66-29-157 has filed all reports required by § 66-29-123 and has retained the records required by § 66-29-126 , the following provisions apply: (1) The examination must include a review of the person's records; (2) The examination must not be based on an estimate unless the person expressly consents in a record to the use of an estimate; and (3) The person conducting the examination shall consider all evidence presented by the person in good faith in preparing a report of the examination under § 66-29-162 .
(1) The examination must include a review of the person's records;
(2) The examination must not be based on an estimate unless the person expressly consents in a record to the use of an estimate; and
(3) The person conducting the examination shall consider all evidence presented by the person in good faith in preparing a report of the examination under § 66-29-162 .
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-27-306 — TN Code / Title 66 / Chapter 27 / Section 66-27-306
Leasehold condominiums
Status: in_force

(a) Any lease, the expiration or termination of which may terminate the condominium or reduce its size, shall be recorded. The declaration for the condominium shall state: (1) The recording data; (2) The date on which the lease is scheduled to expire; (3) A legally sufficient description of the real estate subject to the lease; (4) Any right of the unit owners to acquire the fee simple estate and the manner whereby those rights may be exercised, or a statement that they do not have those rights; (5) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and (6) Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights. (b) After the declaration for a leasehold condominium is recorded, neither the lessor nor the lessor's successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of the unit owner's share of the rent and otherwise complies with all covenants that, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant; provided, that, this subsection (b) shall not prohibit the lessor from acquiring the interest of the defaulting owner, subject to the declaration. (c) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests, unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired. (d) If the expiration or termination of a lease decreases the number of units in a condominium, the allocated interests shall be reallocated in accordance with § 66-27-207(a) as though those units had been taken by eminent domain. Reallocations shall be confirmed by an amendment to the declaration prepared, executed, and recorded by the association. (e) Unless the lease described in subsection (a) includes covenants for the benefit of unit owners as set forth in subsections (b) and (c), the lessor under the lease must sign the declaration for the limited purpose of affirming that the lease is subject to those covenants. Acts 2008, ch. 766, § 1.
(a) Any lease, the expiration or termination of which may terminate the condominium or reduce its size, shall be recorded. The declaration for the condominium shall state: (1) The recording data; (2) The date on which the lease is scheduled to expire; (3) A legally sufficient description of the real estate subject to the lease; (4) Any right of the unit owners to acquire the fee simple estate and the manner whereby those rights may be exercised, or a statement that they do not have those rights; (5) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and (6) Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.
(1) The recording data;
(2) The date on which the lease is scheduled to expire;
(3) A legally sufficient description of the real estate subject to the lease;
(4) Any right of the unit owners to acquire the fee simple estate and the manner whereby those rights may be exercised, or a statement that they do not have those rights;
(5) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and
(6) Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.
(b) After the declaration for a leasehold condominium is recorded, neither the lessor nor the lessor's successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of the unit owner's share of the rent and otherwise complies with all covenants that, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant; provided, that, this subsection (b) shall not prohibit the lessor from acquiring the interest of the defaulting owner, subject to the declaration.
(c) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests, unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.
(d) If the expiration or termination of a lease decreases the number of units in a condominium, the allocated interests shall be reallocated in accordance with § 66-27-207(a) as though those units had been taken by eminent domain. Reallocations shall be confirmed by an amendment to the declaration prepared, executed, and recorded by the association.
(e) Unless the lease described in subsection (a) includes covenants for the benefit of unit owners as set forth in subsections (b) and (c), the lessor under the lease must sign the declaration for the limited purpose of affirming that the lease is subject to those covenants.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-11-114 — TN Code / Title 66 / Chapter 11 / Section 66-11-114
Repossession and removal of materials
Status: in_force

(a) If for any reason an improvement is abandoned before completion or, though completed, materials delivered are not used for the improvement, a person who furnished materials for the improvement that have not been incorporated in the improvement, and for which the person has not received payment, may repossess and remove the materials; and thereupon the person shall not be entitled to any lien on the real property or improvements for the price of the materials, but shall have the same rights in regard to the materials as if the person had never parted with the possession. (b) (1) The right to repossess and remove the materials shall not be affected by their sale, encumbrance, attachment or transfer from the site of the improvement subsequent to delivery to the site, except that the right to repossess shall not be effective as against a purchaser or encumbrancer of the materials in good faith whose interest in the materials arose since removal from the site of the improvement, or as against a creditor attaching after the removal. (2) The right of repossession and removal given by this section shall extend only to materials whose purchase price does not exceed the amount remaining due to the person repossessing; but where materials have been partly paid for, the person delivering them may repossess them as allowed in this section on refunding the part of the purchase price that has been paid. Code 1932, § 7922; T.C.A. (orig. ed.), § 64-1114; Acts 2007, ch. 189, § 14.
(a) If for any reason an improvement is abandoned before completion or, though completed, materials delivered are not used for the improvement, a person who furnished materials for the improvement that have not been incorporated in the improvement, and for which the person has not received payment, may repossess and remove the materials; and thereupon the person shall not be entitled to any lien on the real property or improvements for the price of the materials, but shall have the same rights in regard to the materials as if the person had never parted with the possession.
(b) (1) The right to repossess and remove the materials shall not be affected by their sale, encumbrance, attachment or transfer from the site of the improvement subsequent to delivery to the site, except that the right to repossess shall not be effective as against a purchaser or encumbrancer of the materials in good faith whose interest in the materials arose since removal from the site of the improvement, or as against a creditor attaching after the removal. (2) The right of repossession and removal given by this section shall extend only to materials whose purchase price does not exceed the amount remaining due to the person repossessing; but where materials have been partly paid for, the person delivering them may repossess them as allowed in this section on refunding the part of the purchase price that has been paid.
(1) The right to repossess and remove the materials shall not be affected by their sale, encumbrance, attachment or transfer from the site of the improvement subsequent to delivery to the site, except that the right to repossess shall not be effective as against a purchaser or encumbrancer of the materials in good faith whose interest in the materials arose since removal from the site of the improvement, or as against a creditor attaching after the removal.
(2) The right of repossession and removal given by this section shall extend only to materials whose purchase price does not exceed the amount remaining due to the person repossessing; but where materials have been partly paid for, the person delivering them may repossess them as allowed in this section on refunding the part of the purchase price that has been paid.
Code 1932, § 7922; T.C.A. (orig. ed.), § 64-1114; Acts 2007, ch. 189, § 14.
Tenn. Code Ann. § 66-32-113 — TN Code / Title 66 / Chapter 32 / Section 66-32-113
Escrow of deposits
Status: in_force

(a) (1) A developer of a time-share program shall deposit into an escrow account established and held in this state, in an account designated solely for the purpose, by an independent bonded escrow company, or in an institution whose accounts are insured, a governmental agency or instrumentality, one hundred percent (100%) of all funds which are received during the purchaser's cancellation period provided for in this part. The deposit of such funds shall be evidenced by an executed escrow agreement between the escrow agent and the developer, which shall include that: (A) Its purpose is to protect the purchaser's right to a refund if the purchaser cancels the sales agreement for a time-share interval within the cancellation period; (B) Funds may be disbursed to the developer by the escrow agent from the escrow account only after expiration of the purchaser's cancellation period and in accordance with the sales agreement; (C) The escrow agent may release funds to the developer from the escrow account only after receipt of a sworn statement from the developer that no cancellation notice was received before expiration of the cancellation period; and (D) If a buyer properly terminates the contract pursuant to its terms or pursuant to this part, the funds shall be paid to the buyer together with any interest earned, all as provided in § 66-32-114(a) . (2) Funds so deposited may be invested by the escrow agent in securities of the United States or any agency thereof or in savings or time deposits in institutions insured by an agency of the United States. (b) If a developer contracts to sell a time-share estate and the construction, furnishings, and landscaping of the property submitted to time-share ownership have not been substantially completed in accordance with the plans and specifications and representations made by the developer in the disclosures required by this part, the developer shall immediately pay into an escrow account established and held in this state, in an account designated solely for the purpose, by an independent bonded escrow company, or in an institution whose accounts are insured, a governmental agency or instrumentality, all payments received by or on behalf of the developer from the buyer on a contract of purchase. The escrow agent may invest the escrow funds in securities of the United States or any agency thereof or in savings or time deposits in institutions insured by an agency of the United States. Funds shall be released from escrow as follows: (1) If a buyer properly terminates the contract pursuant to its terms or pursuant to this part, the funds shall be paid to the buyer, together with any interest earned; (2) If the buyer defaults in the performance of the buyer's obligations under the contract of purchase and sale, the funds shall be paid to the developer, together with any interest earned; or (3) If the funds of a buyer have not been previously disbursed in accordance with this subsection (b), they may be disbursed to the developer by the escrow agent at the closing of the transaction, unless prior to the disbursement the escrow agent received from the buyer written notice of a dispute between the buyer and developer. If the money remains in this account for more than three (3) months and earns interest, the interest shall be paid as provided in this subsection (b). (c) For the purpose of this section, "substantially completed" means that all amenities, furnishings, appliances and structural components and mechanical systems of buildings are completed and provided as represented in the public offering statement and that the premises are ready for occupancy and the proper governmental authority has caused to be issued a certificate of occupancy. (d) (1) In lieu of the provisions in subsection (b), a developer may withdraw, after the initial rescission period for cancellation has expired, all payments received by the developer from the buyer toward the sales price, provided: (A) The developer, prior to withdrawal of any funds, posts a surety bond, irrevocable letter of credit or other financial assurances acceptable to the commission in an amount equal to one hundred twenty-five percent (125%) of the cost to complete the time-share project. The developer shall be required to submit such cost and financial data as the commission may reasonably require; or (B) The developer has obtained protection for nondefaulting purchasers in compliance with § 66-32-128 , and has obtained a final and binding commitment letter on the construction of the project and a final and binding commitment letter on the financing of the same construction. A bond obtained pursuant to subdivision (d)(1)(A) shall be executed by the seller as principal and by a surety company authorized to do business in this state as surety. The bond shall be conditioned upon the faithful compliance of the seller with this part including substantial completion, as defined in subsection (c), of the project and unit and compliance with the contract of purchase. (2) Payments so withdrawn pursuant to this subsection (d) may be used only to pay for construction costs of the improvements comprising the time-share project. (e) In lieu of any escrows required by this section, the commission shall have the discretion to accept other financial assurances including, but not limited to, a performance bond or an irrevocable letter of credit in an amount at least equal to or in excess of the cost to complete the time-share project. Acts 1981, ch. 372, § 14; T.C.A., § 64-3214; Acts 1982, ch. 753, § 1; 1983, ch. 210, § 4; 1985, ch. 98, §§ 2-4.
(a) (1) A developer of a time-share program shall deposit into an escrow account established and held in this state, in an account designated solely for the purpose, by an independent bonded escrow company, or in an institution whose accounts are insured, a governmental agency or instrumentality, one hundred percent (100%) of all funds which are received during the purchaser's cancellation period provided for in this part. The deposit of such funds shall be evidenced by an executed escrow agreement between the escrow agent and the developer, which shall include that: (A) Its purpose is to protect the purchaser's right to a refund if the purchaser cancels the sales agreement for a time-share interval within the cancellation period; (B) Funds may be disbursed to the developer by the escrow agent from the escrow account only after expiration of the purchaser's cancellation period and in accordance with the sales agreement; (C) The escrow agent may release funds to the developer from the escrow account only after receipt of a sworn statement from the developer that no cancellation notice was received before expiration of the cancellation period; and (D) If a buyer properly terminates the contract pursuant to its terms or pursuant to this part, the funds shall be paid to the buyer together with any interest earned, all as provided in § 66-32-114(a) . (2) Funds so deposited may be invested by the escrow agent in securities of the United States or any agency thereof or in savings or time deposits in institutions insured by an agency of the United States.
(1) A developer of a time-share program shall deposit into an escrow account established and held in this state, in an account designated solely for the purpose, by an independent bonded escrow company, or in an institution whose accounts are insured, a governmental agency or instrumentality, one hundred percent (100%) of all funds which are received during the purchaser's cancellation period provided for in this part. The deposit of such funds shall be evidenced by an executed escrow agreement between the escrow agent and the developer, which shall include that: (A) Its purpose is to protect the purchaser's right to a refund if the purchaser cancels the sales agreement for a time-share interval within the cancellation period; (B) Funds may be disbursed to the developer by the escrow agent from the escrow account only after expiration of the purchaser's cancellation period and in accordance with the sales agreement; (C) The escrow agent may release funds to the developer from the escrow account only after receipt of a sworn statement from the developer that no cancellation notice was received before expiration of the cancellation period; and (D) If a buyer properly terminates the contract pursuant to its terms or pursuant to this part, the funds shall be paid to the buyer together with any interest earned, all as provided in § 66-32-114(a) .
(A) Its purpose is to protect the purchaser's right to a refund if the purchaser cancels the sales agreement for a time-share interval within the cancellation period;
(B) Funds may be disbursed to the developer by the escrow agent from the escrow account only after expiration of the purchaser's cancellation period and in accordance with the sales agreement;
(C) The escrow agent may release funds to the developer from the escrow account only after receipt of a sworn statement from the developer that no cancellation notice was received before expiration of the cancellation period; and
(D) If a buyer properly terminates the contract pursuant to its terms or pursuant to this part, the funds shall be paid to the buyer together with any interest earned, all as provided in § 66-32-114(a) .
(2) Funds so deposited may be invested by the escrow agent in securities of the United States or any agency thereof or in savings or time deposits in institutions insured by an agency of the United States.
(b) If a developer contracts to sell a time-share estate and the construction, furnishings, and landscaping of the property submitted to time-share ownership have not been substantially completed in accordance with the plans and specifications and representations made by the developer in the disclosures required by this part, the developer shall immediately pay into an escrow account established and held in this state, in an account designated solely for the purpose, by an independent bonded escrow company, or in an institution whose accounts are insured, a governmental agency or instrumentality, all payments received by or on behalf of the developer from the buyer on a contract of purchase. The escrow agent may invest the escrow funds in securities of the United States or any agency thereof or in savings or time deposits in institutions insured by an agency of the United States. Funds shall be released from escrow as follows: (1) If a buyer properly terminates the contract pursuant to its terms or pursuant to this part, the funds shall be paid to the buyer, together with any interest earned; (2) If the buyer defaults in the performance of the buyer's obligations under the contract of purchase and sale, the funds shall be paid to the developer, together with any interest earned; or (3) If the funds of a buyer have not been previously disbursed in accordance with this subsection (b), they may be disbursed to the developer by the escrow agent at the closing of the transaction, unless prior to the disbursement the escrow agent received from the buyer written notice of a dispute between the buyer and developer. If the money remains in this account for more than three (3) months and earns interest, the interest shall be paid as provided in this subsection (b).
(1) If a buyer properly terminates the contract pursuant to its terms or pursuant to this part, the funds shall be paid to the buyer, together with any interest earned;
(2) If the buyer defaults in the performance of the buyer's obligations under the contract of purchase and sale, the funds shall be paid to the developer, together with any interest earned; or
(3) If the funds of a buyer have not been previously disbursed in accordance with this subsection (b), they may be disbursed to the developer by the escrow agent at the closing of the transaction, unless prior to the disbursement the escrow agent received from the buyer written notice of a dispute between the buyer and developer. If the money remains in this account for more than three (3) months and earns interest, the interest shall be paid as provided in this subsection (b).
(c) For the purpose of this section, "substantially completed" means that all amenities, furnishings, appliances and structural components and mechanical systems of buildings are completed and provided as represented in the public offering statement and that the premises are ready for occupancy and the proper governmental authority has caused to be issued a certificate of occupancy.
(d) (1) In lieu of the provisions in subsection (b), a developer may withdraw, after the initial rescission period for cancellation has expired, all payments received by the developer from the buyer toward the sales price, provided: (A) The developer, prior to withdrawal of any funds, posts a surety bond, irrevocable letter of credit or other financial assurances acceptable to the commission in an amount equal to one hundred twenty-five percent (125%) of the cost to complete the time-share project. The developer shall be required to submit such cost and financial data as the commission may reasonably require; or (B) The developer has obtained protection for nondefaulting purchasers in compliance with § 66-32-128 , and has obtained a final and binding commitment letter on the construction of the project and a final and binding commitment letter on the financing of the same construction. A bond obtained pursuant to subdivision (d)(1)(A) shall be executed by the seller as principal and by a surety company authorized to do business in this state as surety. The bond shall be conditioned upon the faithful compliance of the seller with this part including substantial completion, as defined in subsection (c), of the project and unit and compliance with the contract of purchase. (2) Payments so withdrawn pursuant to this subsection (d) may be used only to pay for construction costs of the improvements comprising the time-share project.
(1) In lieu of the provisions in subsection (b), a developer may withdraw, after the initial rescission period for cancellation has expired, all payments received by the developer from the buyer toward the sales price, provided: (A) The developer, prior to withdrawal of any funds, posts a surety bond, irrevocable letter of credit or other financial assurances acceptable to the commission in an amount equal to one hundred twenty-five percent (125%) of the cost to complete the time-share project. The developer shall be required to submit such cost and financial data as the commission may reasonably require; or (B) The developer has obtained protection for nondefaulting purchasers in compliance with § 66-32-128 , and has obtained a final and binding commitment letter on the construction of the project and a final and binding commitment letter on the financing of the same construction. A bond obtained pursuant to subdivision (d)(1)(A) shall be executed by the seller as principal and by a surety company authorized to do business in this state as surety. The bond shall be conditioned upon the faithful compliance of the seller with this part including substantial completion, as defined in subsection (c), of the project and unit and compliance with the contract of purchase.
(A) The developer, prior to withdrawal of any funds, posts a surety bond, irrevocable letter of credit or other financial assurances acceptable to the commission in an amount equal to one hundred twenty-five percent (125%) of the cost to complete the time-share project. The developer shall be required to submit such cost and financial data as the commission may reasonably require; or
(B) The developer has obtained protection for nondefaulting purchasers in compliance with § 66-32-128 , and has obtained a final and binding commitment letter on the construction of the project and a final and binding commitment letter on the financing of the same construction. A bond obtained pursuant to subdivision (d)(1)(A) shall be executed by the seller as principal and by a surety company authorized to do business in this state as surety. The bond shall be conditioned upon the faithful compliance of the seller with this part including substantial completion, as defined in subsection (c), of the project and unit and compliance with the contract of purchase.
(2) Payments so withdrawn pursuant to this subsection (d) may be used only to pay for construction costs of the improvements comprising the time-share project.
(e) In lieu of any escrows required by this section, the commission shall have the discretion to accept other financial assurances including, but not limited to, a performance bond or an irrevocable letter of credit in an amount at least equal to or in excess of the cost to complete the time-share project.
Acts 1981, ch. 372, § 14; T.C.A., § 64-3214; Acts 1982, ch. 753, § 1; 1983, ch. 210, § 4; 1985, ch. 98, §§ 2-4.
Tenn. Code Ann. § 66-11-121 — TN Code / Title 66 / Chapter 11 / Section 66-11-121
Insurance proceeds subject to liens
Status: in_force

(a) The proceeds of any insurance that by the terms of the policy are payable to the owner of real property improved, and are actually received by or are to be received by the owner because of the destruction or removal by fire or other casualty of an improvement on which lienors have performed labor, or for which they have furnished materials, services, equipment, or machinery shall, after the owner has been reimbursed from the proceeds for premiums paid for the insurance by the owner, if any, be subject to liens provided by this chapter to the same extent and in the same order of priority as the real property would have been had the improvement not been so destroyed or removed. (b) The proceeds of any insurance that by the terms of the policy are payable to a prime contractor or remote contractor, and are received or to be received by the prime contractor or remote contractor, shall, after the prime contractor or remote contractor has been reimbursed from the proceeds for premiums paid for the insurance by the prime contractor or remote contractor, if any, be liable for the payment for labor or materials, services, equipment, or machinery furnished and for which the prime contractor or remote contractor is liable in the same manner and under the same conditions as payments to the prime contractor or remote contractor under the contract would have been had the improvements not been so destroyed or removed. Code 1932, § 7934; T.C.A. (orig. ed.), § 64-1121; Acts 2007, ch. 189, § 20.
(a) The proceeds of any insurance that by the terms of the policy are payable to the owner of real property improved, and are actually received by or are to be received by the owner because of the destruction or removal by fire or other casualty of an improvement on which lienors have performed labor, or for which they have furnished materials, services, equipment, or machinery shall, after the owner has been reimbursed from the proceeds for premiums paid for the insurance by the owner, if any, be subject to liens provided by this chapter to the same extent and in the same order of priority as the real property would have been had the improvement not been so destroyed or removed.
(b) The proceeds of any insurance that by the terms of the policy are payable to a prime contractor or remote contractor, and are received or to be received by the prime contractor or remote contractor, shall, after the prime contractor or remote contractor has been reimbursed from the proceeds for premiums paid for the insurance by the prime contractor or remote contractor, if any, be liable for the payment for labor or materials, services, equipment, or machinery furnished and for which the prime contractor or remote contractor is liable in the same manner and under the same conditions as payments to the prime contractor or remote contractor under the contract would have been had the improvements not been so destroyed or removed.
Code 1932, § 7934; T.C.A. (orig. ed.), § 64-1121; Acts 2007, ch. 189, § 20.
Tenn. Code Ann. § 66-6-101 — TN Code / Title 66 / Chapter 6 / Section 66-6-101
Designation of geodetic survey system
Status: in_force

(a) The most recent system of plane coordinates which has been established by the United States Department of Commerce, National Oceanic and Atmospheric Administration's National Geodetic Survey, based on the National Spatial Reference System, and known as the State Plane Coordinate System, for defining and stating the geographic positions or locations of points on the surface of the earth within the State of Tennessee shall hereafter be known as the Tennessee State Plane Coordinate System. (b) The system of plane coordinates, known as the North American Datum of 1983, which has been established by the United States Department of Commerce, National Oceanic and Atmospheric Administration's National Geodetic Survey, formerly the United States Coast and Geodetic Survey, for defining and stating the geographic positions or locations of points on the surface of the earth within this state is hereafter to be known and designated as the Tennessee Coordinate System of 1983. (c) The system of plane coordinates which was established in 1927 by the United States Coast and Geodetic Survey for defining and stating the positions or locations of points on the surface of the earth within this state is hereafter to be known and designated as the Tennessee Coordinate System of 1927. (d) For the purpose of the use of either system, this state has one (1) zone as defined by the National Geodetic Survey. (e) After December 31, 2022, the "Tennessee State Plane Coordinate System" is the sole system recognized and utilized in Tennessee for the purposes of this chapter. Any use prior to December 31, 2022, may continue to use the Tennessee Coordinate System of 1927 or the Tennessee Coordinate System of 1983 in its applications relative to redistricting. Amended by 2019 Tenn. Acts, ch. 213,s 1, eff. 4/23/2019. Acts 1991, ch. 42, § 2.
(a) The most recent system of plane coordinates which has been established by the United States Department of Commerce, National Oceanic and Atmospheric Administration's National Geodetic Survey, based on the National Spatial Reference System, and known as the State Plane Coordinate System, for defining and stating the geographic positions or locations of points on the surface of the earth within the State of Tennessee shall hereafter be known as the Tennessee State Plane Coordinate System.
(b) The system of plane coordinates, known as the North American Datum of 1983, which has been established by the United States Department of Commerce, National Oceanic and Atmospheric Administration's National Geodetic Survey, formerly the United States Coast and Geodetic Survey, for defining and stating the geographic positions or locations of points on the surface of the earth within this state is hereafter to be known and designated as the Tennessee Coordinate System of 1983.
(c) The system of plane coordinates which was established in 1927 by the United States Coast and Geodetic Survey for defining and stating the positions or locations of points on the surface of the earth within this state is hereafter to be known and designated as the Tennessee Coordinate System of 1927.
(d) For the purpose of the use of either system, this state has one (1) zone as defined by the National Geodetic Survey.
(e) After December 31, 2022, the "Tennessee State Plane Coordinate System" is the sole system recognized and utilized in Tennessee for the purposes of this chapter. Any use prior to December 31, 2022, may continue to use the Tennessee Coordinate System of 1927 or the Tennessee Coordinate System of 1983 in its applications relative to redistricting.
Amended by 2019 Tenn. Acts, ch. 213,s 1, eff. 4/23/2019.
Acts 1991, ch. 42, § 2.
Tenn. Code Ann. § 66-25-204 — TN Code / Title 66 / Chapter 25 / Section 66-25-204
Marginal release as part of record - Certified copies
Status: in_force

(a) Such marginal entry shall, from the time it is made, constitute a part of the record pertaining to such instrument, and shall constitute a part of any transcript of the same thereafter made and certified. Any person having lawful custody of the original instrument, with its certificate of registration, or of a certified transcript made before the release was recorded, may apply to the register who shall on payment of a fee of one dollar ($1.00) certify a true copy thereof upon the original instrument or certified copy previously made. (b) The release, duly certified in any of the methods mentioned in this section, shall be received in evidence in any court in any matter or litigation wherein the same may be material. Acts 1990, ch. 902, § 9.
(a) Such marginal entry shall, from the time it is made, constitute a part of the record pertaining to such instrument, and shall constitute a part of any transcript of the same thereafter made and certified. Any person having lawful custody of the original instrument, with its certificate of registration, or of a certified transcript made before the release was recorded, may apply to the register who shall on payment of a fee of one dollar ($1.00) certify a true copy thereof upon the original instrument or certified copy previously made.
(b) The release, duly certified in any of the methods mentioned in this section, shall be received in evidence in any court in any matter or litigation wherein the same may be material.
Acts 1990, ch. 902, § 9.
Tenn. Code Ann. § 66-29-130 — TN Code / Title 66 / Chapter 29 / Section 66-29-130
Notice by treasurer
Status: in_force

(a) The treasurer shall give notice to an apparent owner that property presumed abandoned and that appears to be owned by the apparent owner is held by the treasurer under this part. The treasurer may prescribe by rule a minimum dollar value for items for which notice is sent. (b) In providing notice under subsection (a), the treasurer shall: (1) Except as otherwise provided in subdivision (b)(2), send written notice by first-class United States mail to each apparent owner of property held by the treasurer, unless the treasurer determines that a mailing by first-class United States mail would not be received by the apparent owner, and, in the case of a security held in an account for which the apparent owner consented to receiving electronic mail from the holder, send notice by electronic mail rather than first-class United States mail if the electronic mail address of the apparent owner is known to the treasurer; (2) Send the notice to the apparent owner's electronic mail address if the treasurer does not have a valid United States mail address for an apparent owner, but has an electronic mail address that the treasurer does not know to be invalid; (3) Publish every six (6) months in at least one newspaper of general circulation in this state notice of property held by the treasurer that must include: (A) The total value of property received by the treasurer during the immediately preceding six (6) months, as indicated from the reports filed under § 66-29-123 ; (B) The total value of claims paid by the treasurer during the immediately preceding six (6) months; (C) The address of the unclaimed property website maintained by the treasurer; (D) A telephone number and electronic mail address to contact the treasurer to inquire about or claim property; and (E) A statement that a person may access the unclaimed property website of the treasurer through a computer to search for unclaimed property and that a computer may be available as a service to the public at a local public library; and (4) Maintain a website or database, accessible by the public, that is electronically searchable and that contains the names reported to the treasurer of all apparent owners for whom property is being held by the treasurer; provided, that the treasurer may prescribe by rule a minimum dollar value for property listed on the website. (c) The website or database maintained under subdivision (b)(4) must include instructions for filing with the treasurer a claim to property. (d) In addition to giving notice under subsection (b), the treasurer may use printed publication, telecommunication, the internet, or other media to inform the public of the existence of unclaimed property held by the treasurer. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 29; T.C.A., §§ 64-2929, 66-29-129.
(a) The treasurer shall give notice to an apparent owner that property presumed abandoned and that appears to be owned by the apparent owner is held by the treasurer under this part. The treasurer may prescribe by rule a minimum dollar value for items for which notice is sent.
(b) In providing notice under subsection (a), the treasurer shall: (1) Except as otherwise provided in subdivision (b)(2), send written notice by first-class United States mail to each apparent owner of property held by the treasurer, unless the treasurer determines that a mailing by first-class United States mail would not be received by the apparent owner, and, in the case of a security held in an account for which the apparent owner consented to receiving electronic mail from the holder, send notice by electronic mail rather than first-class United States mail if the electronic mail address of the apparent owner is known to the treasurer; (2) Send the notice to the apparent owner's electronic mail address if the treasurer does not have a valid United States mail address for an apparent owner, but has an electronic mail address that the treasurer does not know to be invalid; (3) Publish every six (6) months in at least one newspaper of general circulation in this state notice of property held by the treasurer that must include: (A) The total value of property received by the treasurer during the immediately preceding six (6) months, as indicated from the reports filed under § 66-29-123 ; (B) The total value of claims paid by the treasurer during the immediately preceding six (6) months; (C) The address of the unclaimed property website maintained by the treasurer; (D) A telephone number and electronic mail address to contact the treasurer to inquire about or claim property; and (E) A statement that a person may access the unclaimed property website of the treasurer through a computer to search for unclaimed property and that a computer may be available as a service to the public at a local public library; and (4) Maintain a website or database, accessible by the public, that is electronically searchable and that contains the names reported to the treasurer of all apparent owners for whom property is being held by the treasurer; provided, that the treasurer may prescribe by rule a minimum dollar value for property listed on the website.
(1) Except as otherwise provided in subdivision (b)(2), send written notice by first-class United States mail to each apparent owner of property held by the treasurer, unless the treasurer determines that a mailing by first-class United States mail would not be received by the apparent owner, and, in the case of a security held in an account for which the apparent owner consented to receiving electronic mail from the holder, send notice by electronic mail rather than first-class United States mail if the electronic mail address of the apparent owner is known to the treasurer;
(2) Send the notice to the apparent owner's electronic mail address if the treasurer does not have a valid United States mail address for an apparent owner, but has an electronic mail address that the treasurer does not know to be invalid;
(3) Publish every six (6) months in at least one newspaper of general circulation in this state notice of property held by the treasurer that must include: (A) The total value of property received by the treasurer during the immediately preceding six (6) months, as indicated from the reports filed under § 66-29-123 ; (B) The total value of claims paid by the treasurer during the immediately preceding six (6) months; (C) The address of the unclaimed property website maintained by the treasurer; (D) A telephone number and electronic mail address to contact the treasurer to inquire about or claim property; and (E) A statement that a person may access the unclaimed property website of the treasurer through a computer to search for unclaimed property and that a computer may be available as a service to the public at a local public library; and
(A) The total value of property received by the treasurer during the immediately preceding six (6) months, as indicated from the reports filed under § 66-29-123 ;
(B) The total value of claims paid by the treasurer during the immediately preceding six (6) months;
(C) The address of the unclaimed property website maintained by the treasurer;
(D) A telephone number and electronic mail address to contact the treasurer to inquire about or claim property; and
(E) A statement that a person may access the unclaimed property website of the treasurer through a computer to search for unclaimed property and that a computer may be available as a service to the public at a local public library; and
(4) Maintain a website or database, accessible by the public, that is electronically searchable and that contains the names reported to the treasurer of all apparent owners for whom property is being held by the treasurer; provided, that the treasurer may prescribe by rule a minimum dollar value for property listed on the website.
(c) The website or database maintained under subdivision (b)(4) must include instructions for filing with the treasurer a claim to property.
(d) In addition to giving notice under subsection (b), the treasurer may use printed publication, telecommunication, the internet, or other media to inform the public of the existence of unclaimed property held by the treasurer.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 29; T.C.A., §§ 64-2929, 66-29-129.
Tenn. Code Ann. § 66-27-207 — TN Code / Title 66 / Chapter 27 / Section 66-27-207
Eminent domain
Status: in_force

(a) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant that may not practically or lawfully be used for all purposes permitted by the declaration, the award must compensate the unit owner for the unit owner's unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection (a) is thereafter a common element. (b) Except as provided in subsection (a), if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides that a unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration, the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests. (c) If part of the common elements is acquired by eminent domain, the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition. (d) The court decree shall be recorded in every county in which any portion of the condominium is located. Amended by 2015 Tenn. Acts, ch. 356,s 2, eff. 5/4/2015. Acts 2008, ch. 766, § 1.
(a) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant that may not practically or lawfully be used for all purposes permitted by the declaration, the award must compensate the unit owner for the unit owner's unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection (a) is thereafter a common element.
(b) Except as provided in subsection (a), if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides that a unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration, the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.
(c) If part of the common elements is acquired by eminent domain, the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.
(d) The court decree shall be recorded in every county in which any portion of the condominium is located.
Amended by 2015 Tenn. Acts, ch. 356,s 2, eff. 5/4/2015.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-28-522 — TN Code / Title 66 / Chapter 28 / Section 66-28-522
Testimony of manager against tenant
Status: in_force

Notwithstanding a rental agreement to the contrary, a manager may testify against a tenant under this chapter in the same manner as a landlord or owner. Added by 2021 Tenn. Acts, ch. 100,s 1, eff. 7/1/2021.
Notwithstanding a rental agreement to the contrary, a manager may testify against a tenant under this chapter in the same manner as a landlord or owner.
Added by 2021 Tenn. Acts, ch. 100,s 1, eff. 7/1/2021.
Tenn. Code Ann. § 66-19-212 — TN Code / Title 66 / Chapter 19 / Section 66-19-212
Marina lien - Definitions
Status: in_force

(a) A marina shall be entitled to a lien upon any vessel or personal watercraft, which lawfully comes into the marina's possession and is retained pending payment of all reasonable charges due. IF three (3) months or more have elapsed since the contractually-prescribed due date for payment of such charges, THEN the marina may enforce such lien in the manner prescribed for the enforcement of artisans' liens under §§ 66-14-102 - 66-14-106, after reasonable inquiry and notice to interested parties. (b) Notwithstanding any law to the contrary, (1) IF, in the case of a personal watercraft, the marina submits a search request for the filing of a security interest under the Uniform Commercial Code, compiled in title 47, chapters 1-9; OR, in the case of a vessel, the marina submits a search request to the United States coast guard; AND (2) IF, thereafter, the marina sends, by certified mail, return receipt requested, notice of intent to enforce the lien to all known owners, all known interested parties, and to any other owner or interested party discernible through reasonable effort; AND (3) IF, thereafter, the marina advertises notice of intent to enforce the lien at least once a week for two (2) or more consecutive weeks in a newspaper of general circulation within the locality where the sale is to be held; THEN (4) For purposes of subsection (a), there shall be a rebuttable presumption of reasonable inquiry and notice to interested parties. (c) In addition to the method of enforcement authorized by this section, the lien may be enforced, in the alternative, by the marina complying with the provisions contained in the other sections of this part. (d) As used in this section: (1) "Marina" means a marina, boat dock, dry dock, or dry storage facility; (2) "Personal watercraft" has the same meaning as this term is defined in § 69-9-501 ; and (3) "Vessel" has the same meaning as this term is defined in § 69-9-204 . Acts 2001, ch. 210, § 1.
(a) A marina shall be entitled to a lien upon any vessel or personal watercraft, which lawfully comes into the marina's possession and is retained pending payment of all reasonable charges due. IF three (3) months or more have elapsed since the contractually-prescribed due date for payment of such charges, THEN the marina may enforce such lien in the manner prescribed for the enforcement of artisans' liens under §§ 66-14-102 - 66-14-106, after reasonable inquiry and notice to interested parties.
(b) Notwithstanding any law to the contrary, (1) IF, in the case of a personal watercraft, the marina submits a search request for the filing of a security interest under the Uniform Commercial Code, compiled in title 47, chapters 1-9; OR, in the case of a vessel, the marina submits a search request to the United States coast guard; AND (2) IF, thereafter, the marina sends, by certified mail, return receipt requested, notice of intent to enforce the lien to all known owners, all known interested parties, and to any other owner or interested party discernible through reasonable effort; AND (3) IF, thereafter, the marina advertises notice of intent to enforce the lien at least once a week for two (2) or more consecutive weeks in a newspaper of general circulation within the locality where the sale is to be held; THEN (4) For purposes of subsection (a), there shall be a rebuttable presumption of reasonable inquiry and notice to interested parties.
(1) IF, in the case of a personal watercraft, the marina submits a search request for the filing of a security interest under the Uniform Commercial Code, compiled in title 47, chapters 1-9; OR, in the case of a vessel, the marina submits a search request to the United States coast guard; AND
(2) IF, thereafter, the marina sends, by certified mail, return receipt requested, notice of intent to enforce the lien to all known owners, all known interested parties, and to any other owner or interested party discernible through reasonable effort; AND
(3) IF, thereafter, the marina advertises notice of intent to enforce the lien at least once a week for two (2) or more consecutive weeks in a newspaper of general circulation within the locality where the sale is to be held; THEN
(4) For purposes of subsection (a), there shall be a rebuttable presumption of reasonable inquiry and notice to interested parties.
(c) In addition to the method of enforcement authorized by this section, the lien may be enforced, in the alternative, by the marina complying with the provisions contained in the other sections of this part.
(d) As used in this section: (1) "Marina" means a marina, boat dock, dry dock, or dry storage facility; (2) "Personal watercraft" has the same meaning as this term is defined in § 69-9-501 ; and (3) "Vessel" has the same meaning as this term is defined in § 69-9-204 .
(1) "Marina" means a marina, boat dock, dry dock, or dry storage facility;
(2) "Personal watercraft" has the same meaning as this term is defined in § 69-9-501 ; and
(3) "Vessel" has the same meaning as this term is defined in § 69-9-204 .
Acts 2001, ch. 210, § 1.
Tenn. Code Ann. § 66-27-411 — TN Code / Title 66 / Chapter 27 / Section 66-27-411
Tort and contract liability
Status: in_force

Any action alleging a wrong done by the association must be brought against the association and not against any unit owner. A unit owner is not precluded from bringing an action contemplated by this section because the unit owner is a unit owner or a member or officer of the association. Acts 2008, ch. 766, § 1.
Any action alleging a wrong done by the association must be brought against the association and not against any unit owner. A unit owner is not precluded from bringing an action contemplated by this section because the unit owner is a unit owner or a member or officer of the association.
Acts 2008, ch. 766, § 1.