Lease Snipe

Tennessee Prohibited Lease Clauses

4 restricted clause types

Our Tennessee law database tracks 4 lease clause types that state law prohibits or restricts (3 illegal, 1 typically unenforceable). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right.

Educational information: generated from our Tennessee law database (last updated 2024-01-01). Not legal advice.

Clause types restricted by Tennessee law

  • Waiver of implied warranty of habitability

    Likely Illegal

    Legal basis: Tennessee Code Section 66-28-304

  • Waiver of tenant rights

    Likely Illegal

    Legal basis: Tennessee Code Section 66-28-105

  • Confession of judgment clause

    Likely Illegal

    Legal basis: Tennessee Code Section 66-28-105

  • Late fee exceeding 10%

    Often Unenforceable

    Legal basis: Tennessee Code Section 66-28-201(d)

Frequently asked questions

What lease clauses are illegal in Tennessee?
Tennessee law restricts 4 clause types tracked in our database, such as: waiver of implied warranty of habitability; waiver of tenant rights; confession of judgment clause.
Is a lease still valid if it contains an illegal clause in Tennessee?
Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
Which law prohibits "waiver of implied warranty of habitability" in Tennessee?
Tennessee Code Section 66-28-304.

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Educational information generated from state statute data — not legal advice. Consult a licensed attorney in Tennessee for your specific situation.