DATE:
07/03/02
SUBJECT/TOPIC:
TENANT LIABILITY FOR FIRE DAMAGE
  Q:

I am preparing to speak at a seminar. Part of my talk will address responsibility for building improvements assumed by a tenant in lease agreements. My question is this: Are there statutes or judicial decisions that limit a landlord's ability to transfer responsibility for damage to property tothe tenant?

  A:
Tennessee has a statute that may apply, TCA 66-7-102. Under that statute, unless the lease provides otherwise (i) a tenant's covenant to repair does not include fire damage unless the fire was the tenant's fault, and (ii) a tenant may terminate the lease if the premises is destroyed by fire unless the fire was the tenant's fault.
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