Cal. Civ. Code § 66-28-201
Terms and conditions.
Operative Text
(a) The landlord and tenant may include in a rental agreement, terms and conditions not prohibited by this chapter or other rule of law including rent, term of the agreement, and other provisions governing the rights and obligations of parties. A rental agreement cannot provide that the tenant agrees to waive or forego rights or remedies under this chapter. The landlord or the landlord's agent shall advise in writing that the landlord is not responsible for, and will not provide, fire or casualty insurance for the tenant's personal property. (b) In absence of a lease agreement, the tenant shall pay the reasonable value for the use and occupancy of the dwelling unit. (c) Rent shall be payable without demand at the time and place agreed upon by the parties. Notice is specifically waived upon the nonpayment of rent by the tenant only if such a waiver is provided for in a written rental agreement. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month. Upon agreement, rent shall be uniformly apportionable from day to day. (d) There shall be a five-day grace period beginning the day the rent was due to the day a fee for the late payment of rent may be charged. The date the rent was due shall be included in the calculation of the five-day grace period. If the last day of the five-day grace period occurs on a Sunday or legal holiday, as defined in § 15-1-101, the landlord shall not impose any charge or fee for the late payment of rent; provided, that the rent is paid on the next business day. Any charge or fee, however described, which is charged by the landlord for the late payment of rent, shall not exceed ten percent (10%) of the amount of rent past due.
Tennessee Code Ann. § 66-28-201 establishes the basic framework for what a rental agreement may and may not contain. Landlords and tenants are free to negotiate terms such as rent amount and lease duration, but no agreement can strip tenants of the rights and remedies granted by the chapter. The provision also sets default rules for when and where rent is due, establishes a five-day grace period before any late fee can be charged, and caps any late fee at ten percent of the overdue rent amount. Additionally, landlords are required to disclose in writing that they do not provide fire or casualty insurance for a tenant's personal property.
Plain English — not legal advice.
Under § 66-28-201, compliant operators ensure their written rental agreements do not contain clauses that purport to waive tenants' statutory rights, as such provisions are unenforceable under Tennessee law. Landlords generally provide a written notice advising tenants that personal property insurance is the tenant's own responsibility, and they clearly specify in the lease when and where rent is to be paid. When rent goes unpaid, operators familiar with § 66-28-201 observe the five-day grace period before assessing any late fee, and they keep any such fee at or below ten percent of the past-due amount, taking care not to charge a fee if the grace period's final day falls on a Sunday or legal holiday and the tenant pays on the next business day.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 66-28-201 of the Tennessee Residential Landlord and Tenant Act protects tenants by making any lease clause that waives your statutory rights unenforceable, meaning those protections remain in place regardless of what a lease says. Tenants are also entitled to a five-day grace period before a late fee can be imposed, and any such fee is capped at ten percent of the overdue rent under this provision. If a landlord charges fees that appear to exceed this cap, imposes fees during the protected grace period, or fails to provide the required written notice about personal property insurance, tenants may wish to review their rights under § 66-28-201 with a local tenant-rights organization or legal aid office to understand available remedies.
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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