(a) In any proceeding on a claim against a landlord for negligence in renting, leasing, or otherwise extending housing opportunities to a person who has been previously convicted of a criminal offense, a landlord is not liable based solely upon the fact that the person has been previously convicted of a criminal offense.
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Terms Used In Tennessee Code 40-29-108

  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
(b) In a cause of action against a landlord for negligence in renting, leasing, or otherwise extending housing opportunities to a person who has been previously convicted of a criminal offense, evidence that the person has been previously convicted of a criminal offense is not admissible.
(c) Subsections (a) and (b) do not apply when:

(1) The landlord had actual knowledge of the person’s prior conviction for a violent offense, as defined in § 40-35-120(b) or a violent sexual offense, as defined in § 40-39-202; or
(2) The landlord, having actual knowledge of the person’s commission of a violent offense, as defined in § 40-35-120(b), or a violent sexual offense, as defined in § 40-39-202, after beginning of the person’s tenancy, was willful in allowing the person to continue to rent, lease, or otherwise use housing opportunities.
(d) This section does not create a cause of action or expand an existing cause of action.
(e) The provisions of § 1-3-119 relative to implied rights of action apply to this section.
(f) As used in this section, “landlord” means the owner, lessor, or sublessor of the dwelling unit or the building of which the unit is a part, the manager of the premises, and employees and agents of the owner, lessor, or sublessor.
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