Real Property in Tennessee
Tennessee real estate law covers buying and selling homes, how you hold title, renting, condos and HOAs, and recording deeds. This hub explains the statewide essentials in plain English — including the required residential seller disclosure, why survivorship must be expressly stated, and the tenant law that applies only in larger counties.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Tennessee property and landlord–tenant rules vary by county and change over time, so confirm the current rule on the official sources in each guide, or talk to a Tennessee attorney.
If you’re buying, selling, renting, or owning Tennessee real estate, start with these statewide essentials.
Residential sellers must give a disclosure
Under Tennessee’s Residential Property Disclosure Act (T.C.A. § 66-5-201 et seq.), the seller of residential property (1–4 units) generally must give the buyer a residential property disclosure statement about the property’s known condition and defects — or, where allowed, a disclaimer (“as is”). It’s not a warranty and not a substitute for an inspection. See the buying and selling guide.
How Tennesseans hold title — survivorship must be express
Co-owners hold title as tenants in common (the default) or with a right of survivorship. Tennessee has abolished automatic survivorship in joint tenancy (T.C.A. § 66-1-107), so survivorship exists only if the deed expressly creates it. Tennessee does recognize tenancy by the entirety for married couples, which carries survivorship and creditor-protection features. See holding title.
The URLTA tenant law applies only in larger counties
Tennessee’s Uniform Residential Landlord and Tenant Act (URLTA) applies only in counties with a population over 75,000 (T.C.A. § 66-28-102); smaller counties follow common-law and lease terms. Where it applies, a security deposit must be held in a separate account. See landlord–tenant.
Eviction is “FED”
A Tennessee eviction is a forcible entry and detainer (FED) court action, usually filed in general sessions court. Self-help eviction is illegal — the landlord must use the court process. See evictions.
The guides
- Buying and selling a home
- Holding title
- Landlord–tenant
- Evictions
- Condos and HOAs
- Recording and title
To get matched with a local Tennessee real estate attorney, connect with a lawyer.
Guides
- Buying & Selling a Home in Tennessee: Disclosure & Deeds
Under Tennessee's Residential Property Disclosure Act, the seller of residential property (1–4 units) generally must give the buyer a residential property disclosure statement describing the property's known condition and defects — or, where allowed, an 'as is' disclaimer. The disclosure is not a warranty and not a substitute for an inspection. To be recorded, a deed must be signed and either acknowledged before a notary or proved by two subscribing witnesses.
- Tennessee Condos & HOAs: The Condominium Act
Tennessee condominiums are governed by Title 66, Chapter 27 — including the Tennessee Condominium Act of 2008, which covers creation, unit-owner associations, and residential disclosure requirements. Older buildings may fall under the earlier Horizontal Property Act. Homeowners' associations operate under their recorded covenants.
- Tennessee Evictions: FED, the 14-Day Notice & Court
A Tennessee eviction is a forcible entry and detainer (unlawful detainer) action, usually filed in general sessions court. Under the URLTA, for nonpayment of rent a landlord may give a 14-day notice — if the rent isn't paid within 14 days of receipt, the rental agreement terminates. Self-help eviction is not allowed; the landlord must use the court process.
- How to Hold Title in Tennessee: Survivorship & Entirety
Tennessee co-owners hold title as tenants in common (the default) or with a right of survivorship. Tennessee has abolished automatic survivorship in joint tenancy, so survivorship exists only if the deed expressly creates it; otherwise co-owners take as tenants in common. Tennessee does recognize tenancy by the entirety for married couples, which carries survivorship and creditor-protection features.
- Tennessee Landlord–Tenant Rules: URLTA & Deposits
Tennessee's Uniform Residential Landlord and Tenant Act (URLTA) applies only in counties with a population over 75,000; smaller counties follow common-law and lease terms. Where the URLTA applies and a landlord requires a security deposit, the landlord must hold it in a separate account used only for deposits and tell the tenant where it is kept.
- Recording & Title in Tennessee: Register of Deeds
Tennessee deeds are recorded with the county register of deeds. Tennessee is a notice-type recording state: an unregistered instrument is null and void as to creditors and bona-fide purchasers without notice. Among recorded instruments, priority generally follows the order of recording, so recording promptly protects your interest.
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