Rentwise! Chapter Four -- Access to the Unit

Tennessee law strictly limits the landlord's right to enter the tenant's unit without permission, but the law is frequently abused. A landlord may enter without permission in case of emergency, such as a suspected fire, or to make urgent repairs affecting the safety of his tenants. He may also enter without permission in the event of the tenant's extended unexplained absence (see Abandonment in Ch. 4.)

Some leases ask tenants to grant "free access" in advance so that the landlord or others may enter unannounced for pest control, maintenance, or inspection. Even though one may have signed a lease with a "free access" provision, it is not enforceable in court. Landlords cannot make tenants waive privacy rights guaranteed in the Landlord/Tenant Act. They must have consent to enter to repair, supply services, inspect or exhibit the premises unless they can prove "circumstances demanding immediate action" (TCA 66-28-403(b). Public and subsidized housing are exceptions.

However, a tenant may not "unreasonably withhold" permission! All parties must be "reasonable" in agreeing on a time. Trouble often arises when the rental house is for sale, and the tenants feel harassed when the landlord or real estate agent wants to show the house in the evening or when the tenant is at work. Landlords and agents must give notice and make appointments; they cannot come and go at will, or just announce when they are coming.

A landlord who repeatedly barges in unannounced has broken the promise of "quiet enjoyment" implied in all rental agreements. With proper documentation, the tenant may sue for breach of contract and "trespassing".

In no case may the tenant change locks without permission from the landlord. The owner/manager must be provided with keys to all locks installed by the tenant, including those on garages and storage areas. Locking the landlord out is certainly grounds for eviction!

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