(a) As used in this section:

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Terms Used In Tennessee Code 66-28-523

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
(1) “Facility” means a facility that:

(A) Provides housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C); and
(B) Receives federal financial assistance that subjects it to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. § 794);
(2) “New property development” means:

(i) Razing a facility to use the real property on which the facility is located for purposes other than to provide housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C); or
(ii) Renovating a facility in a manner that requires the tenants of the facility to vacate the facility in order to turn the facility into residential housing offered at a market rate; and
(3) “Residential tenant” means a residential tenant who has a lease or other agreement to live in a facility and who is fifty-five (55) years of age or older.
(b) A landlord shall provide sixty (60) days’ notice of termination of tenancy for the purpose of eviction of a residential tenant of a facility if:

(1) The tenant has paid the tenant’s rent due and is not in arrears on rent payments; and
(2) The termination and eviction are to allow for new property development.
(c) This section does not abrogate a landlord’s right to terminate a tenancy for a violation of another law or of the lease or tenancy agreement.