It’s the Law

Change to Tennessee Domestic Violence Law Takes Effect July 1, 2021

Provided by Catie Lane Bailey, Policy Advisor/Attorney at Waller

Information summarizing the change to the domestic violence law in Tennessee:

Public Chapter 293: Domestic Violence & Residential Rental Agreements

On April 15, 2021, the Tennessee General Assembly passed House Bill 732 as amended. The legislation was signed by Governor Lee on April 30, 2021, and was assigned Public Chapter number 293 on May 18, 2021. The act takes effect July 1, 2021, the public welfare requiring it. As enacted, PC 293 authorizes a tenant to terminate a residential rental or lease agreement entered into or renewed on or after July 1, 2021, upon the tenant providing the landlord with written notice stating that the tenant or household member is a domestic abuse victim, sexual assault victim, or stalking victim, regardless of whether the victim is an adult or a child. In order for a tenant to terminate the tenant’s rights and obligations under the rental or lease agreement and vacate the dwelling without liability for future rent and early termination penalties or fees, the tenant must provide the landlord with: • Written notice requesting release from the rental or lease agreement; • A mutually agreed upon release date within the next 30 days from the date of the notice; and • A copy of a valid order of protection or documentation evidencing a criminal charge of domestic abuse, sexual assault, or stalking of which the tenant was the victim. Any such documentation must be dated no more than 60 days prior to the tenant’s notice under (1). This act prohibits landlords from revealing any identifying information concerning a tenant who has terminated a rental or lease agreement pursuant to this amendment without tenant’s written consent, unless otherwise required by law or a court. A tenant must vacate the premises within 30 days of giving notice to the landlord or at another time as may be agreed upon by the landlord and the tenant. A tenant terminating the rental or lease agreement pursuant to this act is responsible for: • The rent payment for the full month in which the tenancy terminates; and • The previous obligations outstanding on the termination date.

Finally, this act specifies that its provisions do not: • Release other parties to the rental or lease agreement from the obligations under the rental or lease agreement; • Authorize the landlord to terminate the tenancy and cause the eviction of a residential tenant solely because the tenant or a household member is a domestic abuse victim, sexual assault victim, or stalking victim; or • Authorize the landlord or tenant, by agreement, to waive or modify any provision of this act other than the date for vacating the premises. The information provided herein does not, and is not intended to, constitute legal advice; rather, the summary provided is intended for general informational purposes only. Please consult with your company’s legal counsel for your specific legal questions.