# Tenn. Code Ann. § 66-28-304: Maintenance by landlord > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-304 ## Section - **Citation:** Tenn. Code Ann. § 66-28-304 - **Heading:** Maintenance by landlord - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 66 / Chapter 28 / Section 66-28-304 ## Text (a) The landlord shall: (1) Comply with requirements of applicable building and housing codes materially affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in a clean and safe condition; and (4) In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points of collection subject to § 66-28-401(3) . (b) If the duty imposed by subdivision (a)(1) is greater than any duty imposed by any other paragraph of subsection (a), the landlord's duty shall be determined by reference to subdivision (a)(1). (c) The landlord and tenant may agree in writing that the tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord. (d) The landlord may not treat performance of the separate agreement described in subsection (c) as a condition to any obligation or performance of any rental agreement. Acts 1975, ch. 245, § 2.104; T.C.A., § 64-2824. (a) The landlord shall: (1) Comply with requirements of applicable building and housing codes materially affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in a clean and safe condition; and (4) In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points of collection subject to § 66-28-401(3) . (1) Comply with requirements of applicable building and housing codes materially affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in a clean and safe condition; and (4) In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points of collection subject to § 66-28-401(3) . (b) If the duty imposed by subdivision (a)(1) is greater than any duty imposed by any other paragraph of subsection (a), the landlord's duty shall be determined by reference to subdivision (a)(1). (c) The landlord and tenant may agree in writing that the tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord. (d) The landlord may not treat performance of the separate agreement described in subsection (c) as a condition to any obligation or performance of any rental agreement. Acts 1975, ch. 245, § 2.104; T.C.A., § 64-2824. ## Nearby sections - [Tenn. Code Ann. § 66-28-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-101.md) - [Tenn. Code Ann. § 66-28-102 Application - Preemption](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-102.md) - [Tenn. Code Ann. § 66-28-103 Purposes - Rules of construction](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-103.md) - [Tenn. Code Ann. § 66-28-104 Chapter definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-104.md) - [Tenn. Code Ann. § 66-28-105 Jurisdiction and service of process](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-105.md) - [Tenn. Code Ann. § 66-28-106 Notice](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-106.md) - [Tenn. Code Ann. § 66-28-107 Residential landlord registration](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-107.md) - [Tenn. Code Ann. § 66-28-108 Notification sent by e-mail](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-108.md) - [Tenn. Code Ann. § 66-28-201 Terms and conditions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-201.md) - [Tenn. Code Ann. § 66-28-202 Effect of unsigned or undelivered agreement](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-202.md) - [Tenn. Code Ann. § 66-28-203 Prohibited provisions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-203.md) - [Tenn. Code Ann. § 66-28-204 Unconscionability](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-204.md) - [Tenn. Code Ann. § 66-28-205 Termination of residential lease by domestic abuse victim, sexual assault victim, or stalking victim](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-205.md) - [Tenn. Code Ann. § 66-28-301 Security deposits](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-301.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C28_S66-28-304. Check the current official text before relying on it. Not legal advice.