ORDINANCE NO. BL2016-308

An ordinance amending Chapter 2.149 of the Metropolitan Code to require residential rental properties receiving allocations from the Barnes Fund to include language concerning tenant conduct in the rental agreement.

WHEREAS, Tennessee Code Annotated §66-28-104(13) defines “tenant” to mean a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others; and

WHEREAS, Tennessee Code Annotated §66-28-401 requires tenants to comply with certain maintenance and conduct standards, including refraining from any illegal conduct on the premises of the dwelling unit.

THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Chapter 2.149 of the Metropolitan Code is amended by adding the following Section 2.149.050:

2.149.050 – Requirements for Lease Agreements

A. Any residential rental property receiving a grant from the Barnes Fund shall be required to include in any written rental agreement a “tenant conduct clause”. The “tenant conduct clause” is a provision in the rental agreement that clarifies the conduct obligations of the tenant, including that the tenant shall: (1) not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person to do so; (2) not engage in any illegal conduct on the premises; and (3) act, and require other persons on the premises with the tenant's consent, to act in a manner that will not disturb the neighbors' peaceful enjoyment of the premises.
B. If a tenant does not comply with the tenant conduct clause, the landlord will remedy the noncompliance pursuant to Tennessee Code Annotated § 66-28-505(a).

Section 2. That this Ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: DeCosta Hastings

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2016-308

Mr. President –

I move to amend Ordinance No. BL2016-308 as follows:

I. By amending Section 1 by deleting it in its entirety and substituting therefore the following:

Section 1. That Chapter 2.149 of the Metropolitan Code is amended by adding the following Section 2.149.050:
2.149.050 – Requirements for Lease Agreements

A. Any residential rental property receiving a grant from the Barnes Fund shall be required to include in any written rental agreement a “tenant conduct clause”. The “tenant conduct clause” is a provision in the rental agreement that clarifies the conduct obligations of the tenant, including that the tenant shall: (1) not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person to do so; (2) not engage in any illegal conduct on the premises; and (3) act, and require other persons on the premises with the tenant's consent, to act in a manner that will not disturb the neighbors' peaceful enjoyment of the premises.
B. If a tenant does not comply with the tenant conduct clause, the landlord shall take all steps reasonably necessary to protect the right of other tenants to the peaceful enjoyment of their units including without limitation implementing the remedies given to landlords under Tennessee Code Annotated § 66-28-505(a).

Sponsored by: DeCosta Hastings