Tenn. Comp. R. & Regs. 1260-03-.06 - STANDARDS FOR ORAL OR WRITTEN REPRESENTATIONS OF AVILABILITY
(1) No rental housing shall be advertised in
any medium unless its availability for rental has been verified by the Rental
Location Agent on the day the request for advertising is made to the
medium.
(2) The availability for
rental of all advertised property shall be verified daily so long as the
advertisements shall continue to be published. Upon learning that advertised
property is no longer available, the Rental Location Agent shall immediately
take all possible steps to cause cancellation of the advertisement. Persons who
advise the Rental Location Agent by telephone or otherwise that they are
responding to an advertisement for property which the Rental Location Agent
knows is no longer available for rent shall be advised immediately that such
property is not available. These provisions shall not prohibit the Rental
Location Agent from advising such person of the existence of any other similar
listed property which has been verified as to availability as required by
paragraphs (1), (2) and (3) hereof.
(3) With respect to any property not being
advertised, the Rental Location Agent shall not represent that it is available
for rental unless availability shall have been verified with 72 hours of the
time at which a representation of availability is made. If such verification
cannot be made within such time, the property shall be removed form the
listings until it has been verified as available and no representation of
availability shall be made by the Rental Location Agent.
(4) The following information shall be fully,
accurately and clearly disclosed with respect to any property as to which a
representation of availability is made:
(a)
The date of availability for occupancy of the property if not currently
available.
(b) The monthly
rent.
(c) The existence (and the
amount, if known) of any damage deposit, security deposit, clean-up fees, rent
prepayment, or similar charges over and above the monthly rent.
(d) The number of bedrooms.
(e) Whether a lease is required.
(f) Restrictions on the property, such as no
pets, except restrictions imposed by federal, state or local law.
(g) The types of housing, such as single
family, duplex or trailer.
(h) The
location of the rental housing by reference to the areas required to be
established in accordance with Section 1260-3-.02(5)(e) or otherwise.
(i) The utilities paid for, if any.
(j) The telephone number of the landlord.
Notwithstanding the foregoing, in the case of advertising, only the information in subparagraphs (a), (b) and (h) must be disclosed.
(5) No representation
shall be made to any person that rental property meeting the needs of such
person is contained in the Rental Location Agent's listings unless such is the
fact and unless the availability of such property shall have been verified as
required by paragraphs (1), (2) and (3) hereof as applicable.
(6) For purposes of this Rule 1260-3-.06, the
term "Rental Location Agent" shall include the licensed Rental Location Agent,
all employees and agents of such Rental Location Agent.
Notes
Authority: T.C.A. ยง62-2501.
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