Cal. Civ. Code § 66-28-202
Effect of unsigned or undelivered agreement.
Operative Text
(a) If the landlord does not sign a written rental agreement, acceptance of rent without reservation by the landlord binds the parties on a month to month tenancy. (b) Any person or persons taking possession without payment of rent and failing to sign a written rental agreement delivered to them by the landlord or who enter without oral agreement are deemed to be trespassers and may be evicted forthwith and may be held liable for damages and rent for the term of trespass and reasonable attorney's fees; provided, that if such person or persons pay rent, which is accepted by the landlord, such person or persons shall become tenants of the landlord.
Under Tennessee Code Ann. § 66-28-202, a written rental agreement that goes unsigned by the landlord does not necessarily leave the parties without a legal relationship — if the landlord accepts rent without reservation, a month-to-month tenancy is created by operation of law. Conversely, someone who takes possession of a unit without paying rent and without signing or orally agreeing to a rental agreement is treated as a trespasser, subject to immediate eviction and potential liability for damages, rent, and reasonable attorney's fees. However, if that person pays rent and the landlord accepts it, the law converts the occupancy into a recognized tenancy.
Plain English — not legal advice.
Under § 66-28-202, property owners and managers should be aware that accepting rent without reservation — even when a written agreement has not been signed — can legally bind them to a month-to-month tenancy. Compliant operators typically track whether a written or oral agreement is in place before accepting any payment, since acceptance of rent can inadvertently establish tenancy rights. When a written agreement has been delivered but not signed and no rent has been paid, the occupant may be treated as a trespasser, allowing the operator to pursue eviction and seek damages, rent for the trespass period, and reasonable attorney's fees under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 66-28-202 of the Tennessee Residential Landlord and Tenant Act establishes that tenants who pay rent — and whose payment is accepted by the landlord — generally acquire recognized tenancy status, even if a written agreement was never signed. This means that a landlord's acceptance of rent can be a meaningful legal event that affects occupancy rights. Tenants who believe their status is being disputed despite having paid accepted rent may find it useful to document payment records and consult a local tenant-rights organization or legal aid office familiar with Tennessee housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 29, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.