Renting a home that was foreclosed in Tennessee: your rights

Your rights as a renter in Tennessee, in order

1. The federal floor: 90 days, and often your full lease

   After the new owner takes title

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets written notice at least 90 days before having to leave, and a lease signed before the foreclosure runs to its end unless the buyer will live in the home. You are bona fide if you are not the former owner or the owner's spouse, child or parent, the deal was at arm's length, and the rent is not far below market unless subsidized. Section 8 voucher holders get extra protection. See the [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/) page.

   Pub. L. 111-22 § 702; Pub. L. 115-174 § 304; 42 U.S.C. § 1437f(o)(7)

2. Which Tennessee renter law covers you depends on your county

   Check your county

   Help4TN, run by the Tennessee Alliance for Legal Services, says Tennessee's Uniform Residential Landlord and Tenant Act applies only in counties with more than 75,000 people. It lists Anderson, Blount, Bradley, Davidson, Hamilton, Knox, Madison, Maury, Montgomery, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson and Wilson. In other counties, your lease and general law control more of your rights.

3. No lockouts or utility shutoffs

   Any time

   Help4TN says a landlord cannot lock you out, throw away your things or shut off your electricity or other essential utilities, in any county. A new owner after foreclosure must go to court for a detainer judgment to remove you.

4. Rent: keep paying and keep proof

   Until you are told in writing

   Help4TN says you must pay rent on time as your lease says and cannot hold back rent over problems with the landlord. We found no Tennessee statute that says when rent switches to a foreclosure buyer, so ask the buyer in writing for proof of ownership and where to pay, and keep receipts for every payment.

5. Respond to a detainer warrant

   Before the hearing date on the warrant

   If the new owner files a detainer warrant in General Sessions Court, go to the hearing with your lease, receipts and any notices, and tell the court you are a tenant with federal rights. Call legal aid through Help4TN or the Tennessee Alliance for Legal Services as soon as you are served.

6. Your security deposit

   When you move out

   Help4TN says that if you paid your rent and did not damage the home, the landlord must return your deposit, and it suggests a walk-through within 4 days of moving out and written disputes of any charges. We found no Tennessee rule on whether a foreclosure buyer takes over the deposit, so ask your old landlord and the new owner in writing who holds it.

Common questions in Tennessee