Tennessee Late Fee Law
Tennessee limits residential late fees by statute. 10% of the amount of rent past due. State law requires a grace period of 5 days before a late fee can be charged.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Tennessee late fee law at a glance
| Late-fee cap | 10% of the amount of rent past dueTenn. Code Ann. § 66-28-201(d) (as amended by 2011 Pub. Ch. 272, § 4, eff. Oct. 1, 2011), Tennessee General Assembly bill history: HB1760/SB1009 enacted as Pub. Ch. 272 (signed 2011-05-25, eff. 2011-10-01) |
|---|---|
| Grace period | 5 daysTenn. Code Ann. § 66-28-201(d) (as amended by 2011 Pub. Ch. 272, § 4, eff. Oct. 1, 2011), Tennessee General Assembly bill history: HB1760/SB1009 enacted as Pub. Ch. 272 (signed 2011-05-25, eff. 2011-10-01) |
| Notice before filing for unpaid rent | 14 days (14-day notice to pay or vacate)Tenn. Code Ann. § 66-28-505 (TAA 2025 compilation), Legal Aid Society booklet on tn.gov, Renters' Rights (URLTA counties) |
Late-fee cap
- In effect since .
Grace period
- In effect since .
What Tennessee law says
Is there a limit on late fees in Tennessee?
In URLTA counties, a late fee, however described, may not exceed 10% of the amount of rent past due (Tenn. Code Ann. § 66-28-201(d)) (Tenn. Code Ann. § 66-28-201(d) (as amended by 2011 Pub. Ch. 272, § 4, eff. Oct. 1, 2011)).
Does Tennessee require a grace period before a late fee?
In URLTA counties, no late fee may be charged until a 5-day grace period has run, counting the due date as day one, and if the fifth day is a Sunday or legal holiday no fee may be charged when rent is paid the next business day (Tenn. Code Ann. § 66-28-201(d)) (Tenn. Code Ann. § 66-28-201(d) (as amended by 2011 Pub. Ch. 272, § 4, eff. Oct. 1, 2011)).
How much notice must a Tennessee landlord give for unpaid rent?
In URLTA counties, for unpaid rent give written notice that the lease ends unless the rent is paid within 14 days of receipt; if the lease contains a bold 12-point waiver of notice, you may file a detainer warrant right after the grace period without notice (Tenn. Code Ann. § 66-28-505(a)(2), (b)) (Tenn. Code Ann. § 66-28-505 (TAA 2025 compilation)).
How Tennessee compares
20 of 51 verified jurisdictions cap late fees by statute. 4 require a longer grace period than 5 days.
North Carolina follows the same rule as Tennessee; 7 of its 8 neighbors differ.
| Late-fee cap · grace period | States |
|---|---|
| Statutory formula · 5 days | Tennessee, North Carolina |
| No state cap · none | Alabama, Arkansas, Georgia, Kentucky, Mississippi, Missouri |
| Statutory formula · none | Virginia |
Local rules in Tennessee
Tennessee's Uniform Residential Landlord and Tenant Act (Tenn. Code Ann. Title 66, Ch. 28), which holds the deposit and late-fee rules below, applies only in counties with more than 75,000 people per the 2010 federal census (currently Anderson, Blount, Bradley, Davidson, Hamilton, Knox, Madison, Maury, Montgomery, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson and Wilson). In other counties these statutory rules do not apply and the lease and general contract law govern.
Other Tennessee rules
| Security deposit limit | No state capTenn. Code Ann. § 66-28-301 (no amount limit; as amended by 2011 Pub. Ch. 272), Tennessee General Assembly bill history: HB1760/SB1009 enacted as Pub. Ch. 272 (signed 2011-05-25, eff. 2011-10-01) |
|---|---|
| Deposit return deadline | No fixed deadlineTenn. Code Ann. § 66-28-301(f), (g) (no return deadline; subsection (f) unchanged by 2011 Pub. Ch. 272), Tennessee General Assembly bill history: HB1760/SB1009 enacted as Pub. Ch. 272 (signed 2011-05-25, eff. 2011-10-01) |
| Entry notice | No general advance-notice period. Tenant may not unreasonably withhold consent to entry to inspect, repair, supply services or show the unit; landlord may enter without consent in an emergency or when utilities were cut off through no fault of the landlord; access also allowed by court order, after abandonment/surrender, or if the tenant is deceased, incapacitated or incarcerated, and during a tenant absence of more than 7 days (§ 66-28-507(b)). Showings to prospective tenants in the final 30 days require a lease clause and at least 24 hours' notice. No harassing use of access.Tenn. Code Ann. § 66-28-403 |
| Rent-increase notice | No state ruleTenn. Code Ann. §§ 66-28-201, 66-28-512(b), Tenn. Code Ann. § 66-28-301 (as amended by 2011 Pub. Ch. 272) |
| Month-to-month termination | 30 days (either side)Tenn. Code Ann. § 66-28-512(b) |