Tennessee STR Grandfather Clause Law

Tennessee STR Grandfather Clause Law

Ryan MoyerBusiness Member
Property Manager · Orlando Kissimmee Davenport Salt Lake City, Park City · Member since 2019 · 991 posts · 1k+ votes

I'm looking at a property in semi-rural TN located in a county that does not currently have any STR restrictions. I'm well aware of the adage that it's best to buy where STRs are already regulated so you know what you're dealing with and things are less likely to change on you.

However, there appears to be a Tennessee state law (verbiage below) that says if you're already operating as an STR and a law is made that then restricts them, the new law does not affect you as you are grandfathered in.

I was thinking this law would protect me from future legislation. However, I was speaking to someone in Nashville recently and they said that many existing STRs were wiped out by Davidson county STR regulation. Am I misreading the grandfather clause law? Why did it not protect those owners?



Grandfather Clause
T.C.A. § 13-7-603(a) provides that any ordinance, resolution, regulation, rule, or other requirement of any type that prohibits, effectively prohibits, or otherwise regulates the use of property as a short-term rental unit does not apply to property that was being used as a short-term rental unit prior to the enactment of the ordinance, resolution, regulation, rule or other requirement by the local governing body. This section also provides that the law in place at the time that the property was being used as a short-term rental unit is the law that governs the use of the short-term rental unit until the property is sold, transferred, ceases being used as a short-term rental unit for a period of 30 continuous months, or has been in violation of generally applicable local laws 3 or more separate times as provided by T.C.A. § 13-7-604.


https://www.mtas.tennessee.edu...

Cosmic Vacations4.9174 Reviews
1Reply
50 views

Most Popular Reply

Collin HaysBusiness Member
Property Manager · Gatlinburg, TN · Member since 2020 · 3k+ posts · 4k+ votes
4y

Tennessee is one of the most pro-business states in the U.S. I would feel comfortable operating a STR in an area with no current restrictions that I would not one day be "outlawed". But it's the chance you take pretty much anywhere you buy a STR. There is always a "what if" out there.

See this reply in the discussion

5 Replies

Jump to latestLatest
  • Real Estate Agent · Nashville, TN · Member since 2015 · 21 posts · 56 votes
    4y

    It's always been my understanding that the grandfather clause would protect existing STR's. Our neighborhood almost received a NS (no short-term-rental) zoning overlay, but we were told by our council member that our property wouldn't be affected. However, I suppose anything could change?

    However, the issue for us is that the property wouldn't be able to obtain a STR permit should ownership change. Not a huge deal now, but possibly if we choose to sell.

    Sorry, not a clear answer, but it's what I know. Looking forward to hearing from others as well.

  • Collin HaysBusiness Member
    Property Manager · Gatlinburg, TN · Member since 2020 · 3k+ posts · 4k+ votes
    4y

    Tennessee is one of the most pro-business states in the U.S. I would feel comfortable operating a STR in an area with no current restrictions that I would not one day be "outlawed". But it's the chance you take pretty much anywhere you buy a STR. There is always a "what if" out there.

  • Ryan MoyerBusiness Member
    OP
    Property Manager · Orlando Kissimmee Davenport Salt Lake City, Park City · Member since 2019 · 991 posts · 1k+ votes
    4y
    Quote from @Randall Barrett:

    It's always been my understanding that the grandfather clause would protect existing STR's. Our neighborhood almost received a NS (no short-term-rental) zoning overlay, but we were told by our council member that our property wouldn't be affected. However, I suppose anything could change?

    However, the issue for us is that the property wouldn't be able to obtain a STR permit should ownership change. Not a huge deal now, but possibly if we choose to sell.

    Sorry, not a clear answer, but it's what I know. Looking forward to hearing from others as well.


     Yeah, I just don't understand how legally they banned those existing STRs in Nashville when the law seems clear that it shouldn't have been possible.  I feel bad for those owners!

    Cosmic Vacations4.9174 Reviews
  • Real Estate Agent · Nashville, TN · Member since 2015 · 2k+ posts · 2k+ votes
    4y

    @Ryan Moyer

    Nashville STRs were grandfathered in. The person you were speaking with was probably referring to the new laws effective Jan 1st banning NEW permits. Existing permits before Jan 1 are still allowed to operate. 

  • Rental Property Investor · Sanford, NC · Member since 2017 · 39 posts · 35 votes
    4y

    First, the law you are referring to is called "the Short-term rental act" from 2018. It explicitly says that local government and even HOAs (from my non-lawyer read) can pass rules prohibiting STR, however

    - They have to specifically limit the stays (i.e. stays under 30 days prohibited)

    - It only applies to new STR (after the effective date of the rule)

    - the protection expires if you sell/transfer or stop acting as an STR for 30 months

    - "Generally Commercial Activity" a phrase common to many restrictive covenants, IS NOT sufficient to limit STR

    - Municipalities can require permits (details in the law, but this is likely license to dictate terms in any areas actively under zoning control)


    I think you have to see this law for what it is, TN trying to attract investors.

    Final disclaimer - Not a Lawyer 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.