Nashville tenant screening & landlord laws

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Nashville tenant screening

Tenant screening generally means checking a prospective renter's credit, income, rental history, and sometimes criminal background before approving a lease. Nashville sits inside Davidson County, Tennessee, and Tennessee has a somewhat unusual structure worth understanding up front: the state's main landlord-tenant statute, the Uniform Residential Landlord and Tenant Act (URLTA), generally only applies in counties whose population exceeds a statutory threshold — and, importantly, it generally preempts local governments in those counties from adding their own landlord-tenant rules on top.

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As a quick state baseline: Tennessee generally has no statewide cap on tenant screening or application fees; no state law restricting use of criminal history in tenant screening beyond general Fair Housing Act principles; no source-of-income protected class under the state's Human Rights Act housing provisions; no statutory cap on security deposit amounts, though deposits generally must be escrowed with specific inspection and disclosure procedures; and, in URLTA counties like Davidson, no room for local rent control because the state statute occupies the field. Details on each are below.

How Nashville's rules layer on top of Tennessee law

This is the key fact for Nashville: Tennessee's URLTA generally applies only in counties with a population of more than 75,000, according to the 2010 federal census. Davidson County's population is well over that threshold, so URLTA generally applies fully to Nashville. More importantly, the same statute generally provides that in counties where URLTA applies, it "occupies and preempts the entire field of legislation concerning the regulation of landlords and tenants," and the local governing body "shall not enact or enforce regulations that conflict with, or are an addition to" URLTA. In practical terms, this generally means the Metropolitan Government of Nashville and Davidson County cannot layer its own tenant-screening, source-of-income, or landlord-obligation ordinances on top of the state statute — Nashville's rules are, by design, essentially the state's rules.

Screening rules to follow in Nashville

  • Source of income: Tennessee has no state law making source of income (including housing voucher status) a protected class under the state's Human Rights Act housing provisions, which generally track federal Fair Housing Act categories (race, color, religion, sex, national origin, familial status, disability, plus certain other listed exemptions) without listing source of income. Because of URLTA's preemption of local landlord-tenant regulation described above, confirm any Nashville/Metro Davidson source-of-income requirement against current municipal code before finalizing a screening policy. Landlords in Nashville are generally not required by law to accept housing choice vouchers.
  • Criminal history: Tennessee state law does not specifically restrict how landlords may use criminal history in tenant screening. General federal Fair Housing Act principles and FCRA's screening and adverse-action requirements still apply.
  • Screening/application fees: Tennessee has no statute capping tenant screening or application fees. FCRA's disclosure and authorization requirements govern.

Rent and eviction rules in Nashville

  • Rent control: Confirm any local rent-control ordinances in Nashville. Given URLTA's preemption clause, the Metropolitan Government generally could not enact one, since doing so would be an "addition to" the state's landlord-tenant regulation in a county where URLTA applies.
  • Security deposits: Tennessee law generally requires landlords to hold deposits in a dedicated escrow account at a regulated bank or lending institution, and to disclose the account's location (though not the account number) to tenants at lease signing. There is generally no statutory cap on the deposit amount. Unlike some states, Tennessee's statute does not set a fixed number of days for the landlord to send the refund notice itself; instead, once a landlord sends notice of any refund due, the tenant generally has 60 days to respond before the landlord may retain uncontested funds. Additional property-damage claims generally must be identified within 30 days after the tenant vacates or 7 days after a new tenant takes possession, whichever comes first.
  • Eviction process: Because URLTA applies in Davidson County, review the state statute's landlord-obligation and tenant-obligation provisions for Nashville evictions and confirm any Nashville-specific eviction rule against current Metro code.

County/township layers

Nashville's local government is the Metropolitan Government of Nashville and Davidson County — a consolidated city-county government, so there is generally no separate surrounding "Davidson County" government whose rules could diverge from the city's. On top of that structural point, URLTA's preemption clause discussed above independently forecloses a distinct county layer of landlord-tenant regulation for any URLTA county, including Davidson. Tennessee counties are organized as counties rather than New England-style townships, so the "township" framing generally doesn't apply here at all.

Frequently asked questions

Does Nashville have its own tenant screening or landlord-tenant ordinance separate from Tennessee state law?

Generally, no. Tennessee's URLTA applies fully in Davidson County (population well over the statute's 75,000 threshold) and generally preempts Metro Nashville from enacting additional or conflicting landlord-tenant regulations.

Do Nashville landlords have to accept housing choice vouchers?

Neither state law nor Nashville ordinance requires this.

Is there a cap on security deposits in Nashville?

Tennessee law generally does not cap the dollar amount, but it does generally require deposits to be held in a dedicated escrow account with specific inspection and dispute procedures.

Why does URLTA matter so much for Nashville specifically?

Because URLTA only applies in Tennessee counties above a 75,000-population threshold (per the 2010 census), smaller Tennessee counties may fall outside its detailed statutory framework, while Davidson County — home to Nashville — is squarely covered and, notably, cannot add its own local layer on top.

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Checkr can help Nashville landlords and property managers build a tenant screening process aligned with Tennessee's URLTA framework and FCRA's adverse action requirements. Get started with Checkr to streamline compliant screening.

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Disclaimer

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.