Sandra manages a 12-unit apartment complex in Davidson County, Tennessee. A tenant, Jerome, has complained that the unit has persistent mold and a broken heating system. Jerome wants to know if the Tennessee Landlord-Tenant Act requires Sandra's landlord client to maintain the unit in a habitable condition. Which of the following is correct?
Correct Answer
A) The Act's habitability standards apply because Davidson County exceeds the 75,000-population threshold, obligating the landlord to maintain fit and habitable premises.
Davidson County is one of Tennessee's most populous counties, far exceeding the 75,000-population threshold established by Tenn. Code Ann. § 66-28-101. Therefore, the Tennessee Uniform Residential Landlord and Tenant Act applies. Under Tenn. Code Ann. § 66-28-304, landlords in qualifying counties are required to maintain rental premises in a fit and habitable condition, including adequate heating and freedom from conditions that materially affect health and safety. Mold and a broken heating system would implicate this duty.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.
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