Tennessee § 66-28-102 Application - Preemption

Tennessee Statutes

§ 66-28-102 — Application - Preemption

(a)This chapter applies only in counties having a population of more than seventy-five thousand (75,000), according to the 2010 federal census.

(b)This chapter applies to rental agreements entered into or extended or renewed after July 1, 1975. Transactions entered into before July 1, 1975, and not extended or renewed after that date, and the rights, duties and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though the amendment or repeal has not occurred.

(c)Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:

(1)Residence at an institution, public or private, if incidental to de

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(a) This chapter applies only in counties having a population of more than seventy-five thousand (75,000), according to the 2010 federal census. (b) This chapter applies to rental agreements entered into or extended or renewed after July 1, 1975. Transactions entered into before July 1, 1975, and not extended or renewed after that date, and the rights, duties and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though the amendment or repeal has not occurred. (c) Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: (1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service; (2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest; (3) Transient occupancy in a hotel, or motel or lodgings subject to city, state, transient lodgings or room occupancy under the Excise Tax Act, compiled in title 67, chapter 4, part 20; (4) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; or (5) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes. (d) This chapter shall not apply to any occupancy in a public housing unit or other housing unit that is subject to regulation by the department of housing and urban development and owned by a governmental entity or nonprofit corporation to the extent such regulation conflicts with state law, but shall apply to the extent that any such regulations defer to the application of state law. (e) In the counties in which this chapter applies, this chapter occupies and preempts the entire field of legislation concerning the regulation of landlords and tenants. The governing body of a county subject to this chapter shall not enact or enforce regulations that conflict with, or are an addition to, this chapter.

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Legislative History

Amended by 2021 Tenn. Acts, ch. 182, Secs.s1, s2 eff. 7/1/2021. Acts 1975, ch. 245, §§ 1.201, 1.202, 6.101, 6.102; T.C.A., §§ 64-2802, 64-2804, 64-2864; Acts 1992, ch. 995, §§ 1, 4-6; 2001, ch. 101, § 1; 2008 , ch. 1067, §§ 1, 2; 2011 , ch. 272, § 1; 2012 , ch. 847, § 1.