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Lewisburg is the county seat of Marshall County, Tennessee, a small community of roughly 13,000 residents located about 60 miles south of Nashville. Like many smaller Tennessee cities, a significant portion of Lewisburg residents rent their homes, and understanding which legal protections apply to them is essential — particularly because Tennessee draws a sharp distinction between larger and smaller counties.
Tennessee's Uniform Residential Landlord and Tenant Act (URLTA), which provides the state's strongest tenant protections, applies only in counties with populations over 75,000. Marshall County falls well below that threshold, which means Lewisburg renters are governed primarily by Tennessee common law and a narrower set of statutory rules rather than the full URLTA framework. This affects notice periods, habitability remedies, and deposit procedures in meaningful ways.
This article provides a plain-language overview of tenant rights in Lewisburg, Tennessee, based on current state law. It is informational only and does not constitute legal advice. If you have a specific legal problem, contact a licensed Tennessee attorney or a local legal aid organization.
Rent control does not exist anywhere in Tennessee, including Lewisburg. Tennessee state law explicitly preempts all local governments from enacting rent control or rent stabilization ordinances. The controlling statute, Tenn. Code Ann. § 66-35-102, provides that no county, municipality, or other local governmental entity may enact, maintain, or enforce any ordinance or resolution that would control or stabilize private residential rents. This preemption has been reinforced by the Tennessee General Assembly and leaves no room for a city like Lewisburg to adopt its own rent regulations.
In practical terms, this means your landlord in Lewisburg may raise your rent by any amount, at any time, as long as proper advance written notice is provided before the increase takes effect. There is no cap on how much rent can increase, no requirement that rent hikes be tied to inflation or operating costs, and no local board or agency that reviews rent increases. Renters who receive a notice of a significant rent increase have limited options — they may accept the new rate, negotiate with the landlord, or choose to move.
Because Marshall County's population is below 75,000, Lewisburg falls outside the full scope of Tennessee's Uniform Residential Landlord and Tenant Act (URLTA). Certain URLTA provisions apply statewide, while others apply only in higher-population counties. The key protections for Lewisburg renters are outlined below.
Security Deposits (Tenn. Code Ann. § 66-28-301): Tennessee does not impose a statutory cap on security deposit amounts. Landlords must hold deposits in a separate account or post a bond. Upon termination of the tenancy, the landlord must return the deposit — along with a written, itemized statement of any deductions — within 30 days of the tenant vacating the unit. If a landlord wrongfully withholds any portion of the deposit, the tenant may be entitled to recover the amount wrongfully withheld plus damages. Tenants should document the condition of the unit at move-in and move-out to protect their deposit.
Notice to Terminate a Month-to-Month Tenancy (Tenn. Code Ann. § 66-28-512): In counties not covered by the full URLTA — including Marshall County — a landlord is required to provide only 10 days' written notice to terminate a month-to-month tenancy. This is a shorter notice period than the 30 days required in URLTA counties. Tenants wishing to vacate must likewise provide 10 days' notice to their landlord unless the lease specifies otherwise.
Habitability and Repairs: Under Tennessee common law, landlords have a duty to deliver and maintain rental property in a habitable condition. While the detailed URLTA repair-and-deduct and rent escrow remedies of Tenn. Code Ann. § 66-28-304 are most fully available in URLTA counties, Lewisburg tenants still have common-law remedies for uninhabitable conditions, including potential lease termination for material breaches. Tenants should always submit repair requests in writing and keep copies.
Retaliation Protection (Tenn. Code Ann. § 66-28-514): URLTA anti-retaliation provisions prohibit landlords from raising rent, reducing services, or attempting to evict a tenant in retaliation for reporting code violations or exercising legal rights. While the statute's application is broadest in URLTA counties, Tennessee courts have recognized common-law anti-retaliation principles as well. Document any complaints made to authorities and any subsequent landlord actions.
Prohibition on Self-Help Eviction (Tenn. Code Ann. § 66-28-505): Regardless of county size, Tennessee law prohibits self-help eviction statewide. A landlord may not change your locks, remove your belongings, shut off your utilities, or otherwise forcibly remove you from the rental unit without obtaining a court order. Any landlord who engages in self-help eviction may face civil liability.
Tennessee's security deposit statute, Tenn. Code Ann. § 66-28-301, applies in Lewisburg and sets the following requirements:
No Statutory Cap: Tennessee law does not limit the amount a landlord may charge as a security deposit. Landlords may set any amount they choose, and it is common to see deposits equal to one or two months' rent.
Separate Account Requirement: Landlords are required to hold security deposits in a separate bank account, apart from the landlord's personal or operating funds, or alternatively post a surety bond for the equivalent amount. The landlord must disclose the location of this account to the tenant upon request.
Return Deadline — 30 Days: After the tenant vacates the rental unit, the landlord has 30 days to return the security deposit along with a written, itemized statement listing any deductions and the reason for each. Deductions may only be taken for unpaid rent or for damages beyond normal wear and tear.
Penalty for Wrongful Withholding: If a landlord fails to return the deposit within 30 days, or wrongfully withholds any portion without a valid itemized basis, the tenant may sue to recover the wrongfully withheld amount plus additional damages as determined by the court under Tenn. Code Ann. § 66-28-301. To protect your rights, document the condition of the unit thoroughly at move-in and move-out with dated photographs, and send your forwarding address to the landlord in writing.
Tennessee landlords must follow a specific legal process to evict a tenant in Lewisburg. Self-help eviction tactics are strictly prohibited under Tenn. Code Ann. § 66-28-505.
Step 1 — Written Notice: Before filing for eviction, the landlord must provide the tenant with written notice. The type and length of notice depends on the reason for eviction:
Step 2 — Filing in Sessions Court: If the tenant does not comply with the notice, the landlord may file a detainer warrant (eviction lawsuit) in Marshall County Sessions Court. The tenant will be served with notice of the court date.
Step 3 — Court Hearing: Both parties appear before the sessions court judge. The tenant has the right to present a defense. If the court rules for the landlord, a judgment for possession is entered. The tenant may appeal to circuit court within 10 days.
Step 4 — Writ of Possession: If the tenant does not vacate voluntarily after the judgment, the landlord may request a writ of possession, authorizing the sheriff to remove the tenant. Only law enforcement may physically remove a tenant — the landlord may not do so independently.
Self-Help Eviction Is Illegal: Under Tenn. Code Ann. § 66-28-505, a landlord may not change locks, remove doors or windows, shut off utilities, or remove the tenant's belongings to force a move-out. Doing so exposes the landlord to civil liability, and tenants subjected to self-help eviction should contact legal aid or law enforcement immediately.
This article is provided for informational purposes only and does not constitute legal advice. Tenant rights laws can change, and the application of any law depends on the specific facts of your situation. If you have a landlord-tenant dispute or legal question, consult a licensed Tennessee attorney or contact a qualified legal aid organization in your area. RentCheckMe makes no warranties regarding the completeness or current accuracy of the information presented here.
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