(a) An owner of residential property affected by residential rental property or residential property not maintained to community standards of residential property in the area may bring an action for damages against the owner of such residential rental property or residential property for failure to maintain the property in the manner required by § 13-6-103; provided, however, that a showing by the owner of the residential rental property or residential property that the failure to maintain the property is due to an act of nature, serious illness, or a legal barrier shall constitute a defense to any cause of action brought under this section.

Terms Used In Tennessee Code 13-6-104

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Owner: means one (1) or more persons, jointly or severally, in whom is vested all or part of the legal title to, or beneficial ownership of, the subject parcel. See Tennessee Code 13-6-102
  • Person: means any individual, firm, corporation, association, trust, partnership, joint venture, limited liability company, governmental authority, or other entity. See Tennessee Code 13-6-102
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Residential property: means a subject parcel that includes one (1) or more dwelling units that is owner-occupied and the owner's principal place of residence, or that is otherwise intended for single-family residential use. See Tennessee Code 13-6-102
  • Residential rental property: means a building or structure consisting of one (1) or two (2) dwelling units. See Tennessee Code 13-6-102
(b) The measure of damages shall be the difference between the value of the owner’s residential property if the residential rental property or residential property were maintained at the community standards of the residential property in the area and the value of the owner’s residential property because the residential rental property or residential property is not maintained at such community standards.
(c) As proof of the value of the owner’s residential property, the plaintiff shall submit to the court two (2) independent appraisals.
(d) Upon a finding by the court that an owner of residential rental property or residential property has failed to maintain the property in the manner required by § 13-6-103, the court may award to the person bringing an action under this chapter reasonable attorney’s fees and costs.
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