1 | 1 | | |
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2 | 2 | | SENATE BILL 350 |
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3 | 3 | | By Harshbarger |
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4 | 4 | | |
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5 | 5 | | HOUSE BILL 469 |
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6 | 6 | | By Reeves |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | HB0469 |
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10 | 10 | | 001006 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 66, |
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14 | 14 | | relative to leases. |
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15 | 15 | | |
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16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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17 | 17 | | SECTION 1. Tennessee Code Annotated, Title 66, Chapter 7, is amended by adding |
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18 | 18 | | the following as a new section: |
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19 | 19 | | 66-7-113. |
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20 | 20 | | (a) On and after July 1, 2025, a landlord shall not prohibit a tenant or a tenant's |
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21 | 21 | | guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a |
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22 | 22 | | firearm, or firearm ammunition in the tenant's home, apartment, or business; in a vehicle |
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23 | 23 | | located in a parking area provided for tenants or tenants' guests by the landlord of the |
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24 | 24 | | leased premises; or in other locations controlled by the landlord as necessary to enter or |
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25 | 25 | | exit the tenant's home, apartment, or business, to enter or exit the leased premises, or to |
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26 | 26 | | enter or exit a vehicle located on the leased premises or in a parking area provided by |
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27 | 27 | | the landlord for tenants or tenants' guests. |
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28 | 28 | | (b) |
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29 | 29 | | (1) An existing lease that is in effect on July 1, 2025, that contains lease |
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30 | 30 | | terms relative to firearms that are in violation of subsection (a) may, for purposes |
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31 | 31 | | of other lease terms that do not violate subsection (a), remain in effect and must |
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32 | 32 | | be amended to comply with subsection (a) prior to July 1, 2026. However, on |
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33 | 33 | | and after July 1, 2025, any such lease terms relative to firearms that are in |
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34 | 34 | | violation of subsection (a) are void and unenforceable. |
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35 | 35 | | |
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36 | 36 | | |
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37 | 37 | | - 2 - 001006 |
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38 | 38 | | |
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39 | 39 | | (2) An existing lease described in subdivision (b)(1) is not in violation of |
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40 | 40 | | subsection (a) until July 1, 2026, as long as the lease terms relative to firearms |
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41 | 41 | | that are in violation of subsection (a) are not enforced and the lease is amended |
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42 | 42 | | to comply with subsection (a) prior to July 1, 2026. |
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43 | 43 | | (3) This subsection (b) does not prohibit a landlord and tenant from |
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44 | 44 | | voluntarily entering into a new lease agreement prior to July 1, 2026, to replace |
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45 | 45 | | an existing lease that contains lease terms relative to firearms that are in |
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46 | 46 | | violation of subsection (a). |
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47 | 47 | | (c) A tenant who is adversely affected by a violation of subsection (a) may bring |
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48 | 48 | | a suit against the landlord for actual damages, punitive damages, and recovery of |
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49 | 49 | | attorney fees. |
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50 | 50 | | SECTION 2. Tennessee Code Annotated, Title 66, Chapter 28, Part 2, is amended by |
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51 | 51 | | adding the following as a new section: |
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52 | 52 | | 66-28-206. |
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53 | 53 | | (a) On and after July 1, 2025, a landlord shall not prohibit a tenant or a tenant's |
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54 | 54 | | guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a |
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55 | 55 | | firearm, or firearm ammunition in the tenant's home, apartment, or business; in a vehicle |
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56 | 56 | | located in a parking area provided for tenants or tenants' guests by the landlord of the |
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57 | 57 | | leased premises; or in other locations controlled by the landlord as necessary to enter or |
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58 | 58 | | exit the tenant's home, apartment, or business, to enter or exit the leased premises, or to |
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59 | 59 | | enter or exit a vehicle located on the leased premises or in a parking area provided by |
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60 | 60 | | the landlord for tenants or tenants' guests. |
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61 | 61 | | (b) |
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62 | 62 | | (1) An existing lease that is in effect on July 1, 2025, that contains lease |
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63 | 63 | | terms relative to firearms that are in violation of subsection (a) may, for purposes |
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64 | 64 | | |
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65 | 65 | | |
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66 | 66 | | - 3 - 001006 |
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67 | 67 | | |
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68 | 68 | | of other lease terms that do not violate subsection (a), remain in effect and must |
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69 | 69 | | be amended to comply with subsection (a) prior to July 1, 2026. However, on |
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70 | 70 | | and after July 1, 2025, any such lease terms relative to firearms that are in |
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71 | 71 | | violation of subsection (a) are void and unenforceable. |
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72 | 72 | | (2) An existing lease described in subdivision (b)(1) is not in violation of |
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73 | 73 | | subsection (a) until July 1, 2026, as long as the lease terms relative to firearms |
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74 | 74 | | that are in violation of subsection (a) are not enforced and the lease is amended |
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75 | 75 | | to comply with subsection (a) prior to July 1, 2026. |
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76 | 76 | | (3) This subsection (b) does not prohibit a landlord and tenant from |
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77 | 77 | | voluntarily entering into a new lease agreement prior to July 1, 2026 to replace |
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78 | 78 | | an existing lease that contains lease terms relative to firearms that are in |
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79 | 79 | | violation of subsection (a). |
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80 | 80 | | (c) A tenant who is adversely affected by a violation of subsection (a) may bring |
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81 | 81 | | a suit against the landlord for actual damages, punitive damages, and recovery of |
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82 | 82 | | attorney fees. |
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83 | 83 | | SECTION 3 Tennessee Code Annotated, Section 66-28-402(a), is amended by adding |
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84 | 84 | | the following new subdivision: |
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85 | 85 | | (7) The rule or regulation does not violate ยง 66-28-206. |
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86 | 86 | | SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it. |
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