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;
lease

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Terms Used In Tennessee Code 66-28-104

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(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.
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