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Overview
Tennessee does not have specific mold legislation that directly addresses landlord duties or liability for mold prevention and remediation. The Tennessee Department of Health does not have authority to inspect or require landlords to address mold issues in rental properties. However, mold issues may be addressed indirectly through the implied warranty of habitability under the Uniform Residential Landlord and Tenant Act (URLTA), codified at Tennessee Code Annotated Section 66-28-304. URLTA only applies in counties with populations greater than 75,000, including Davidson (Nashville), Shelby (Memphis), Knox (Knoxville), and Hamilton (Chattanooga) counties. In smaller counties, tenant protections are governed by the lease agreement and common law. [Tennessee Department of Health - Mold]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
In URLTA counties (population over 75,000), tenants have the right to rental housing that is fit for human habitation, with functioning utilities and appliances, and free from hazards including mold, pests, and structural damage. Landlords must comply with building and housing codes materially affecting health and safety.
Right to Request Repairs
Tenants have the right to request repairs in writing for any condition that affects habitability. After providing written notice, landlords generally have 14 days to make necessary repairs. For emergency repairs affecting heat, gas, lights, water, sewage, plumbing, or air conditioning, landlords must respond immediately.
Landlord Responsibilities
Duty to Maintain Habitable Conditions
In URLTA counties, landlords must comply with applicable building and housing codes materially affecting health and safety. They must make all repairs necessary to keep the premises in a fit and habitable condition, which includes addressing water intrusion, leaks, and moisture problems that could lead to mold growth.
Maintain Common Areas
Landlords must keep all common areas of the premises in a clean and safe condition. In multi-unit complexes with four or more units, landlords must provide and maintain appropriate receptacles and conveniences for waste removal from common collection points.
Remedies Available to Tenants
Rent Withholding
Not Available: Tennessee law does not permit tenants to withhold rent for habitability issues, including mold. Withholding rent is not recommended and may result in eviction proceedings. The only exception is when a landlord fails to supply essential services (water, heat, electricity), in which case tenants may pay rent to the county court until the issue is remedied under Tennessee Code Section 66-28-502.
Repair and Deduct
Available: Tennessee Code Section 66-28-502 permits tenants to use the repair-and-deduct remedy, but only for essential services (utilities including gas, heat, electricity, and other obligations materially affecting health and safety). If the landlord fails to supply essential services, the tenant may give written notice, immediately procure reasonable amounts of the essential service, and deduct their actual and reasonable cost from the rent. This remedy is limited to essential services and does not broadly apply to all habitability issues like mold.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Tennessee
Understanding Tennessee's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Tennessee's Humid Subtropical Climate
Tennessee has a humid subtropical climate with hot, humid summers and mild winters. The state receives 48-55 inches of rainfall annually, with Nashville receiving about 47 inches. Summer humidity frequently exceeds 70%, particularly in the Cumberland Plateau and Mississippi Valley regions. The combination of warmth and moisture creates favorable conditions for mold growth.
Southeastern Humidity Challenges
Tennessee faces significant mold challenges due to its humid climate and varied terrain. Nashville and Memphis experience high humidity and frequent rainfall. The state's location in the humid Southeast means mold growth can occur year-round. Flooding from the Tennessee and Cumberland Rivers adds to moisture challenges.
Limited URLTA Coverage
Tennessee's Uniform Residential Landlord and Tenant Act (URLTA) only applies in counties with populations greater than 75,000. This means tenants in rural areas have significantly fewer protections than those in Nashville, Memphis, Knoxville, and Chattanooga. Tenants outside URLTA counties must rely on lease terms and limited common law remedies.
Historic Flooding Events
Tennessee has experienced devastating floods, including the 2010 Nashville flood that caused $2 billion in damage and the 2021 Waverly flood. These flooding events cause extensive water damage and subsequent mold problems. Flood-affected areas may face chronic mold issues for years after major events.
Common Mold Types in Tennessee
Tennessee's humid subtropical climate brings 48-55 inches of rainfall annually. Summer humidity frequently exceeds 70%, particularly in the Cumberland Plateau and Mississippi Valley. Historic flooding events (Nashville 2010, Waverly 2021) have caused extensive water damage and mold problems. The combination of warmth and moisture creates favorable conditions for mold growth year-round.
Cladosporium
Common throughout Tennessee's humid subtropical climate; prevalent during warm months.
Penicillium
Frequently found in flood-damaged homes; Tennessee has experienced devastating floods.
Aspergillus
Prevalent in older Nashville and Memphis housing with moisture problems.
Stachybotrys chartarum
Black mold found after flooding; Nashville 2010 and Waverly 2021 floods created significant mold issues.
Alternaria
Thrives in Tennessee's humid summers; common allergen for residents.
Mold Professional Requirements in Tennessee
No State Licensing Required for Assessment
Tennessee does not require state licensing specifically for mold assessors or inspectors. The Tennessee Department of Health does not have authority to inspect or require landlords to address mold issues. Professionals with IICRC, ACAC, or MICRO certifications are recommended.
Certifying Body: IICRC, ACAC, or MICRO (voluntary)
Specialty/Environmental (S) Contractor License Required
Tennessee requires a Specialty/Environmental (S) contractor license with a Mold Remediation sub-classification (S-F) from the Tennessee Board for Licensing Contractors for mold remediation projects where the cost of labor and materials exceeds $25,000. For projects between $3,000 and $24,999, a home improvement license is required. Under Tennessee Administrative Code Rule 0680-01-.16 (Appendix A of the Classifications System), mold remediation is a specific sub-classification within the Specialty/Environmental category. Applicants must furnish evidence of completed training courses required by applicable state and federal agencies and pass a Business and Law exam (no separate trade exam is required). License holders must keep abreast of all applicable state and federal requirements and notify the Board within 10 days of any citation.
Certifying Body: Tennessee Board for Licensing Contractors
Source: Tennessee Board for Licensing Contractors - Classifications
Regulatory Agency
Tennessee Board for Licensing Contractors
Visit Website → | Phone: 615-741-8307
Implied Warranty of Habitability
Tennessee's implied warranty of habitability is established under Tennessee Code Annotated Section 66-28-304 as part of the Uniform Residential Landlord and Tenant Act (URLTA). Under this statute, landlords must: (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 or more units, provide and maintain appropriate receptacles for waste removal. This warranty applies only in counties with populations greater than 75,000 as of the 2010 federal census. [Tennessee Code Section 66-28-304 - Justia Law]
Mold Disclosure Requirements
Notable Mold Court Cases in Tennessee
These cases have shaped mold litigation and tenant rights in Tennessee. Understanding legal precedents can help inform your own situation.
Sewanee Students v. University of the South (2025)
Summary: Seven current and former students filed a $35 million lawsuit against the University of the South in Sewanee, alleging toxic black mold in Johnson Hall dormitory caused serious illnesses during the 2024 school year. Independent testing found Penicillium/Aspergillus mold levels 2,200 times higher than outdoor levels. Additional plaintiffs later joined the suit.
Outcome: Pending litigation as of February 2026. Filed in Franklin County Circuit Court.
Significance: One of the largest mold lawsuits in Tennessee history. Alleges negligence, gross negligence, breach of contract, and violations of the Tennessee Consumer Protection Act. Highlights institutional accountability for mold exposure.
Memphis Housing Code Mold Provisions (2019)
Summary: Memphis adopted explicit mold provisions under Section 304.2.1 of its Housing Code, creating a presumption of mold hazard when identified by a code official.
Outcome: Property owners found with mold violations are subject to fees and penalties unless they can disprove the hazard.
Significance: One of the few local jurisdictions in Tennessee with explicit mold regulations and enforcement mechanisms.
Local Regulations
Some cities in Tennessee have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Tennessee mold law details.
Nashville, TN
Local mold risks, prevention priorities, and next steps for Nashville.
Memphis, TN
Local mold risks, prevention priorities, and next steps for Memphis.
Knoxville, TN
Local mold risks, prevention priorities, and next steps for Knoxville.
Chattanooga, TN
Local mold risks, prevention priorities, and next steps for Chattanooga.
Clarksville, TN
Local mold risks, prevention priorities, and next steps for Clarksville.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Tennessee.
Tennessee Housing Development Agency Programs
Provides various housing assistance programs including home repair and rehabilitation assistance for Tennessee residents.
Eligibility: Income-eligible Tennessee residents
Coverage: Home rehabilitation and repair assistance
Phone: 615-815-2200Learn More →
USDA Section 504 Home Repair Program
Provides loans and grants to very low-income rural homeowners for repairs including addressing moisture and mold issues.
Eligibility: Very low-income homeowners in rural areas
Coverage: Loans up to $40,000 for repairs; grants up to $10,000 for elderly homeowners
Legal Aid Society of Middle Tennessee and the Cumberlands
Provides free legal assistance to low-income residents for housing issues including landlord-tenant disputes.
Eligibility: Low-income Tennessee residents in service area
Coverage: Legal assistance for housing issues
Phone: 615-244-6610Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Tennessee have specific mold laws for rental properties?
No, Tennessee does not have specific mold legislation. The Tennessee Department of Health does not have authority to inspect or require landlords to address mold issues in rental properties. Mold issues are addressed indirectly through the implied warranty of habitability under the Uniform Residential Landlord and Tenant Act (URLTA), which applies only in counties with populations over 75,000.
What is URLTA and does it apply to my rental?
The Uniform Residential Landlord and Tenant Act (Tennessee Code Section 66-28) applies only in counties with populations greater than 75,000 as of the 2010 federal census. Currently covered counties include Anderson, Blount, Bradley, Davidson (Nashville), Hamilton (Chattanooga), Knox (Knoxville), Madison, Maury, Montgomery, Rutherford, Sevier, Shelby (Memphis), Sullivan, Sumner, Washington, Williamson, and Wilson. If you live in a smaller county, your rights are governed by your lease agreement and common law.
Can I withhold rent in Tennessee if my landlord refuses to address mold?
No, Tennessee law does not permit rent withholding for habitability issues including mold. Withholding rent may result in eviction. The only exception is for failure to supply essential services (water, heat, electricity), where tenants may pay rent into county court. For mold issues, you should provide written notice to your landlord and pursue other remedies such as court action.
Official Resources
These official resources can help you understand your rights and take action: