tn-landlord-tenant

name: tn-landlord-tenant description: > Subject-matter bundle for Tennessee residential landlord-tenant disputes. Covers URLTA (§ 66-28) for counties over 75,000 population vs. general law (§ 66-7) for counties at or below 75,000; 14-day URLTA nonpayment notice (§ 66-28-505) with CARES Act 30-day overlay for federally-subsidized housing (Section 8, LIHTC, federally-backed mortgages); detainer-warrant practice in General Sessions (§ 29-18-101 et seq.) with 10-day de novo appeal to Circuit (§ 27-5-108) and possession bond (§ 29-18-130); security deposits (§ 66-28-301); warranty of habitability (§ 66-28-304); self-help-eviction prohibition (§ 66-28-504) with 3-month / 3x-damages remedy; retaliation presumption (§ 66-28-514); fair-housing (FHA, THRA); tenant-defense posture. version: 0.2.1

Tennessee Landlord-Tenant

NOT LEGAL ADVICE. Tennessee landlord-tenant law turns on which statutory scheme applies (URLTA vs. the general law), which depends on county population, plus the federal CARES Act 30-day-notice overlay for subsidized properties. Statute numbers, day counts, and the covered-county list change — verify every citation against the current Tenn. Code Ann. and the current census before relying. Consult a licensed Tennessee attorney about your specific case.

Use this subject-matter bundle for Tennessee residential landlord-tenant matters — most commonly an eviction (detainer warrant) defended by a tenant, but also security-deposit, habitability, self-help-eviction, retaliation, and fair-housing issues.

At a glance — the six things that move every TN L/T case

1. URLTA vs. § 66-7: county-population threshold dictates the substantive scheme. Resolve first.
2. General Sessions is the forum for detainer warrants (§ 29-18-101 et seq.); 10-day de novo appeal to Circuit (§ 27-5-108).
3. 14-day URLTA nonpayment notice under § 66-28-505 in URLTA counties; 30-day for periodic tenancies under § 66-28-512 / § 66-7-109; 30-day CARES Act for federally- subsidized housing (Section 8, LIHTC, federally-backed mortgages).
4. Security deposit mechanics: separate account under § 66-28-301; 30-day return with itemization; forfeiture waiver where landlord fails the procedure.
5. Self-help eviction is prohibited — lockouts, utility shutoffs, removal of belongings — both URLTA (§ 66-28-504 / -603) and § 66-7. Damages + injunction.
6. Possession bond under § 29-18-130(b): post to stay execution of possession judgment pending de novo appeal; case law has held appeal not automatically dismissed for bond default, but verify.

Two statutory schemes — which one applies?

Do NOT hard-code the covered-county list. The list of over-75,000 counties shifts with each decennial census. As of the 2020 census, approximately 23 of Tennessee's 95 counties exceeded the threshold (including Davidson, Shelby, Knox, Hamilton, Rutherford, Williamson, Montgomery, Sumner, Wilson, Blount, Bradley, Madison, Sevier, Washington, Maury, Anderson, Tipton, Hamblen, Putnam, Robertson, Greene, Cumberland, Bedford — confirm before pleading). The list shifts; the statute auto- updates with new census data.

The threshold question — "Is this an URLTA county or a § 66-7 county?" — should be the first thing resolved in any Tennessee landlord-tenant matter. Getting it wrong changes the notice periods, the security-deposit rules, the habitability framework, and the available defenses.

URLTA — key sections

Non-URLTA counties (§ 66-7 et seq.) — key differences

• No statutory 14-day-cure protection for nonpayment. Notice period is governed by lease + common law.
• Periodic-tenancy notice: 30 days under § 66-7-109 for month-to-month.
• No statutory habitability standard — implied common-law habitability is more limited. Defenses lean on lease + housing- code violations.
• Security deposit: no statutory framework — lease + common law. Defenses lean on contract + unjust enrichment.

Eviction = detainer warrant (forcible entry & detainer)

Regardless of the substantive scheme, evictions proceed by detainer warrant under Tenn. Code Ann. § 29-18-101 et seq.

Forum and procedure

• General Sessions Court — unlimited subject-matter jurisdiction over possession, despite the ordinary $25,000 civil cap; monetary judgment for rent / damages is capped at $25,000 under § 16-15-501 (any larger arrears claim must pursue separately).
• No formal discovery as of right in General Sessions — Tenn. R. Civ. P. do not apply (§ 16-15-105 procedural informality).
• Service under § 29-18-115: personal service, residential service on persons of suitable age, or posting after diligent inquiry. Posting is a frequent service-quality issue for tenants who miss the warrant.
• Return date — six days after issuance under § 29-18-117; the docket call is typically same-day or next-day.
• Hearing is informal; landlord proves lease + breach + notice compliance; tenant raises defenses orally.
• Judgment: possession + arrears within the General Sessions cap.
• Writ of possession issued after the 10-day appeal window closes under § 27-5-108; sheriff executes typically within several days.

De novo appeal to Circuit (§ 27-5-108)

• 10-day clock from General Sessions judgment.
• De novo trial in Circuit under the full Tenn. R. Civ. P. — discovery, summary judgment, jury (if demanded).
• Possession bond under § 29-18-130(b): tenant must post bond equal to one year's rent to stay execution pending appeal; the bond is stayed-execution-only, not appeal- dismissal — case law (e.g., Johnson v. Hopkins, 432 S.W.3d 840 (Tenn. 2013)) has held appeal not automatically dismissed for bond default, but verify.
• Pauper's oath (uniform indigency procedure) may substitute for bond on showing of indigency under § 20-12-127.
• Practical effect: de novo appeal is the principal vehicle for accessing formal discovery and counsel-led litigation in a Tennessee eviction defense.

CARES Act 30-day notice overlay (federally-subsidized properties)

Under Section 4024(c) of the federal CARES Act (still in force), federally-subsidized rental properties — Section 8 vouchers, LIHTC tax-credit properties, USDA Rural Development, Section 202/811, and properties with federally-backed mortgages — require 30 days' written notice before filing for nonpayment, displacing the URLTA 14-day rule.

• Confirmed in Schiminger v. Cooperage Project, LLC, M2023- 01281-COA-R3-CV (Tenn. Ct. App. 2024).
• Landlord must affirmatively comply; tenant should plead defective notice if 14-day URLTA notice was given on a federally-subsidized property.
• Plaintiff cannot remedy by amending notice mid-case; defective notice defeats the action.

Security deposits

URLTA imposes specific mechanics:

• Separate account at a Tennessee bank or other federally- insured institution (§ 66-28-301(a)).
• Itemized statement of deductions to tenant within 60 days of move-out.
• Return of balance within 30 days after itemization (effectively a 30-day return-after-itemization, or 60+30 = effectively 60 days from move-out for full process).
• Failure to provide itemized list within 60 days → landlord forfeits the right to retain any portion of the deposit (§ 66-28-301(g)). Strong tenant remedy.
• Damages: tenant may recover the deposit + attorney's fees (where lease allows or under common-law unjust enrichment).

Warranty of habitability and the repair obligation

URLTA imposes statutory maintenance duties:

• Comply with applicable building / housing codes materially affecting health and safety (§ 66-28-304(a)(1)).
• Maintain fit and habitable condition (§ 66-28-304(a)(2)).
• Common areas and shared facilities maintained in safe condition (§ 66-28-304(a)(3)).
• Essential services: running water, hot water, heat in appropriate weather (§ 66-28-304(a)(5)-(6)).

Tenant remedies under § 66-28-501:

1. 14-day written notice to landlord specifying the noncompliance.
2. If not cured within 14 days, tenant may:
   • Terminate the rental agreement and recover deposit;
   • Recover damages for the noncompliance;
   • Obtain injunctive relief in Chancery or Circuit (not General Sessions).

Limited repair-and-deduct: Tennessee does not have a broad statutory repair-and-deduct remedy comparable to California's; the URLTA framework relies on notice-and-cure + termination + damages.

In non-URLTA counties, habitability lives in common law (Tennessee Real Estate Comm'n v. Potts, 537 S.W.2d 433 (Tenn. 1976) — pre-URLTA implied warranty) and is materially weaker.

Retaliation — § 66-28-514

URLTA prohibits landlord retaliation:

• Presumptively retaliatory acts within 1 year of protected tenant activity:
  • complaint to housing authority / public agency about code violation;
  • complaint to landlord about noncompliance;
  • joining or organizing a tenants' union;
  • exercising any URLTA right.
• Retaliatory acts barred: increase in rent, decrease in services, eviction, refusal to renew.
• Exceptions at § 66-28-514(b): landlord may evict for nonpayment, criminal activity, or substantial damage, even during the 1-year presumption window.
• Damages: 3 months' rent or actual damages, whichever is greater + attorney's fees.

Non-URLTA counties have no statutory retaliation protection; analysis runs through public-policy / federal Fair Housing Act retaliation.

Self-help eviction is prohibited

Under URLTA § 66-28-504 and § 66-28-603 and parallel common-law rules in § 66-7 counties:

• No lockouts — landlord cannot change locks without writ of possession.
• No utility shutoffs — landlord cannot terminate water, electricity, gas, or heat to force vacancy.
• No removal of tenant's belongings without writ + sheriff.

Tenant remedy under § 66-28-504(b): damages + 3 months' rent or three times the actual damages, whichever is greater + costs + attorney's fees + injunctive relief.

This is a plaintiff's claim that flips the eviction-defense posture into an affirmative case for damages and injunction.

Fair-housing overlay

Tenant-defense posture in a detainer case

1. Which scheme applies — URLTA (§ 66-28) or general law (§ 66-7)? County population.
2. CARES Act 30-day notice — is the property federally subsidized? If yes, the 14-day URLTA notice is defective.
3. Defective predicate notice — no written notice; wrong notice period; wrong amount demanded; bundled late fees / charges; demand for accelerated rent.
4. Defective service / process of the detainer warrant — posting where personal service was possible; service on a minor or non-resident.
5. Rent paid / tendered before judgment, or improper charges bundled.
6. Breach of habitability / maintenance under § 66-28-304 raised defensively + as counterclaim under § 66-28-501.
7. Retaliation under § 66-28-514 — protected act within 1 year + adverse action.
8. Self-help eviction under § 66-28-504 — counterclaim for lockouts / shutoffs / belongings removal.
9. Fair-housing discrimination — protected-class adverse action.
10. Procedural relief: the 10-day de novo appeal under § 27-5-108 is the gateway to formal discovery; consider indigency oath in lieu of bond.

Affirmative tenant claims (when the tenant brings the case)

• Wrongful eviction / self-help — § 66-28-504 damages + 3 months' rent / 3x actual + fees.
• Security-deposit forfeiture — § 66-28-301(g) damages.
• Habitability damages — § 66-28-501 termination + damages.
• Retaliation damages — § 66-28-514 damages.
• Fair-housing damages — FHA / THRA.

Drafting checklist

• Confirm county population — URLTA or § 66-7?
• If subsidized property, confirm CARES Act 30-day notice was given; otherwise plead defective notice.
• Pull the lease + notice + payment records + photos at intake — the General Sessions hearing is fast and evidence-poor.
• If filing detainer warrant: use AOC civil-warrant form; file in proper General Sessions venue (where property located); confirm 6-day return-date scheduling.
• If defending: appear at the return date (failure to appear = default possession judgment); raise notice defects orally; preserve appeal rights.
• If appealing de novo: file notice within 10 days under § 27-5-108; address bond (§ 29-18-130) or pauper's oath (§ 20-12-127).
• If pursuing affirmative claims (self-help, habitability, retaliation, security deposit): consider filing in Chancery or Circuit for the equitable remedies and potential class certification under Tenn. R. Civ. P. 23.

Composition

• For statewide format: tn-statewide-format
• For General Sessions venue + 10-day appeal: tn-general-sessions
• For Chancery / Circuit venue on affirmative tenant claims: tn-davidson, tn-shelby, tn-knox, tn-hamilton, tn-county-courts
• For first response triage in detainer: tn-first-30-days
• For drafting motions / declarations / orders: tn-draft-motion, tn-draft-declaration, tn-draft-order
• For 10-day appeal clock + deadlines: tn-deadlines
• For fair-housing employment-discrimination overlap: tn-employment
• For post-judgment / writ-of-possession execution: tn-post-judgment
• For QC: tn-quality-check, tn-fact-check

References

• tn-law-references — Tenn. Code Ann., Tenn. R. Civ. P., and federal symlinks
• Tenn. Code Ann. § 66-28-101 et seq. — URLTA
• Tenn. Code Ann. § 66-7-101 et seq. — general L/T (non-URLTA)
• Tenn. Code Ann. § 29-18-101 et seq. — detainer warrants (FED)
• Tenn. Code Ann. § 27-5-108 — 10-day de novo appeal
• Tenn. Code Ann. § 29-18-130 — possession bond
• Tenn. Code Ann. § 4-21-601 — Tennessee Human Rights Act fair- housing
• CARES Act § 4024(c) (P.L. 116-136) — 30-day notice for federally-subsidized housing
• Schiminger v. Cooperage Project, LLC (Tenn. App. 2024) — CARES 30-day notice still in force
• Johnson v. Hopkins, 432 S.W.3d 840 (Tenn. 2013) — possession bond + appeal dismissal