Cal. Civ. Code § 66-28-104

Chapter definitions.

In Force
Verified 10/29/2026 · Next check 11/5/2026
TennesseeLease Requirements

Operative Text

Cal. Civ. Code § 66-28-104
Subject to additional definitions contained in this chapter, which apply to specific portions of this chapter, and unless the context otherwise requires, in this chapter:
(1) “Action” means recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined, including an action for possession;
(2) “Building and housing codes” means any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any premises, or dwelling unit;
(3) “Dwelling unit” means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household;
(4) “Good faith” means honesty in fact in the conduct of the transaction concerned;
(5) “Landlord” means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by § 66-28-302;
(6) “Manager” means an individual, group, business, or organization hired by a landlord or owner to oversee the day-to-day operations of a premises;
(7) “Nuisance vehicle” means any vehicle that is incapable of operating under its own power and is detrimental to the health, welfare or safety of persons in the community;
(8) “Organization” means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity;
(9)
(A) “Owner” means one (1) or more persons, jointly or severally, in whom is vested:
(i) All or part of the legal title to property; or
(ii) All or part of the beneficial ownership and a right to the present use and enjoyment of the premises;
(B) “Owner” also means a mortgagee in possession;
(10) “Person” means an individual or organization;
(11) “Premises” means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant;
(12) “Rental agreement” means all agreements, written or oral, and valid rules and regulations adopted under § 66-28-402 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises;
(13) “Rents” means all payments to be made to the landlord under the rental agreement;
(14)
(A) “Security deposit” means an escrow payment made to the landlord under the rental agreement for the purpose of securing the landlord against financial loss due to damage to the premises occasioned by the tenant's occupancy other than ordinary wear and tear and any monetary damage due to the tenant's breach of the rental agreement;
(B) “Security deposit” shall in no way infer that the landlord is providing any service for the personal protection or safety of the tenant beyond that prescribed by law;
(15) “Substantially impaired” means that a dwelling unit or premises has been deemed unfit for human habitation by a governmental authority;
(16) “Tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others;
(17) “Unauthorized vehicle” means a vehicle that is not registered to a tenant, an occupant or a tenant's known guest, and has remained for more than seven (7) consecutive days on real property leased or rented by a landlord for residential purposes;
(18) “Utilities” means the provision of water, electricity, sewer or natural gas; and
(19) “Vehicle” means any device for carrying passengers, livestock, goods or equipment that moves on wheels and/or runners.
Source: Legislative text reproduced verbatim
Plain English

Section 66-28-104 of Tennessee's Residential Landlord-Tenant Act establishes the foundational vocabulary used throughout Chapter 28. Terms such as "landlord," "tenant," "dwelling unit," "rental agreement," "security deposit," and "premises" are each given specific legal meanings that govern how the rest of the chapter is interpreted. Notably, a property manager who fails to make required disclosures under § 66-28-302 is treated as a "landlord" for purposes of the chapter, and a security deposit is explicitly defined as protection against damage beyond ordinary wear and tear—not a personal safety guarantee.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 29, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Tennessee's residential tenancy law should be familiar with the definitions in § 66-28-104, because these terms set the boundaries of their rights and obligations throughout Chapter 28. Compliant operators generally ensure that any manager they hire understands that failing to make required disclosures under § 66-28-302 can cause that manager to be classified as a "landlord" under the statute, carrying the full weight of landlord responsibilities. Operators also typically document security deposits in a way that reflects the statutory definition—funds held against damage beyond ordinary wear and tear and monetary losses from a tenant's breach—rather than framing them as a broader safety service.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living under a rental arrangement governed by Tenn. Code Ann. § 66-28-104 benefit from knowing that the definitions in this section shape every right and obligation described elsewhere in Chapter 28. For example, the definition of "rental agreement" includes both written and oral agreements, meaning verbal understandings about occupancy terms may carry legal weight. Tenants who believe a property manager has failed to make required disclosures, or that a security deposit is being misapplied, can explore options such as raising the relevant definitions as part of a legal defense, contacting a local tenant-rights organization, or consulting with a housing attorney familiar with Chapter 28.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 29, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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