Can I Sue My Landlord in Tennessee?
Yes — in many situations. These are the main claims Tennessee tenants bring, what the law lets you recover, and where to file. Each rule links to the statute or official source. Most claims under the small claims limit can be filed without a lawyer.
Before you sue
- Write down what happened, with dates, and keep photos, texts, emails and receipts.
- Send your landlord a written demand (templates below) and give a reasonable deadline.
- Check the deadline to sue and the court's dollar limit (below).
- If the amount is over the small claims limit, or you are facing eviction, talk to a lawyer or legal aid first.
Your security deposit wasn't returned
| Penalty for withholding | A landlord who did not keep the deposit in the required separate account AND did not provide the required damage listing may not keep any part of the deposit. A tenant may sue in circuit or general sessions court over the final damage listing, but only for items the tenant specifically disputed in writing. Official T.C.A. is published only via LexisNexis; text verified on a public mirror of the code (FindLaw, current as of Jan. 2, 2024; older than 2025). URLTA counties only. The statute sets no double or treble damages. Source: T.C.A. 66-28-301(c), (d) |
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| Deposit return deadline | No fixed number of days for returning the deposit. In URLTA counties, if the tenant leaves owing no rent and is due a refund, the landlord must send notice of the refund amount to the tenant's last known or reasonably determinable address. If the tenant does not respond within 60 days of that notice, the landlord may keep the deposit. Move-out inspection: on the move-out day or within 4 calendar days after it. Official T.C.A. is published only via LexisNexis; text verified on a public mirror of the code (FindLaw, current as of Jan. 2, 2024; older than 2025). URLTA counties only. Under 66-28-301(g), the landlord can charge for physical damage found after the inspection only if it is discovered before the earlier of: 30 days after the tenant moves out, or 7 days after a new tenant moves in. Source: T.C.A. 66-28-301(b)(1)(A), (f) |
Free Tennessee security deposit demand letter
You were locked out or your utilities were cut off
| Lockouts & utility shutoffs | URLTA counties: if a landlord unlawfully removes or excludes the tenant, or willfully cuts essential services required by the lease, the tenant may recover possession or end the lease. In either case the tenant may recover actual damages, punitive damages when appropriate, and reasonable attorney's fees. If the lease ends, the landlord must return all prepaid rent and deposits. All counties: a person may enter and take possession of property only where the law gives a right of entry, and then only peaceably. Entering a home occupied by another and holding it by force, threats or intimidation, removing the occupant's belongings, or entering peaceably and then keeping the occupant out by force or terror is a forcible entry and detainer. Outside URLTA counties, no statute sets a specific damages remedy for a lockout or utility shutoff. Official T.C.A. is published only via LexisNexis; text verified on a public mirror of the code (FindLaw, current as of Jan. 2, 2024; older than 2025). URLTA counties only. 66-28-517(d) also bars a landlord from retaking the unit by cutting electric, gas or other essential services, except after abandonment or surrender. Forcible entry and detainer definitions: https://codes.findlaw.com/tn/title-29-remedies-and-special-proceedings/tn-code-sect-29-18-102/ (FindLaw mirror, current as of Jan. 2, 2024); see also 29-18-101 and 29-18-103. T.C.A. ch. 66-7 (§§ 66-7-101 to 66-7-113) has no lockout or utility provision. |
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Your landlord retaliated after you complained
| Landlord retaliation | URLTA counties: a landlord may not retaliate by raising rent, cutting services, or bringing or threatening an eviction because the tenant complained to the landlord of a violation under 66-28-301 or used remedies under the URLTA. Exceptions: the landlord may still seek possession if the tenant's household caused the code violation, the tenant is behind on rent, or code compliance requires work that would effectively deprive the tenant of the unit. The statute sets no time-based presumption of retaliation. Official T.C.A. is published only via LexisNexis; text verified on a public mirror of the code (FindLaw, current as of Jan. 2, 2024; older than 2025). URLTA counties only. Subsection (a)(1)'s cross-reference to 66-28-301 (the deposit section) is reproduced as it appears on the mirror. Other summaries online describe broader protections or a presumption period, but the mirror's statute text does not contain them; verify against the official text. Source: T.C.A. 66-28-514 |
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Your landlord won't make repairs
| Repair and deduct | Limited to essential services, in URLTA counties. If the landlord deliberately or negligently fails to supply essential services (utilities such as gas, heat and electricity, and other duties materially affecting health and safety), the tenant must give written notice and may then choose ONE remedy: (A) obtain the services and deduct the actual, reasonable cost from rent; (B) recover damages for the reduced rental value while staying in the unit; or (C) obtain reasonable substitute housing, paying no rent during the noncompliance. Attorney's fees are recoverable. Official T.C.A. is published only via LexisNexis; text verified on a public mirror of the code (FindLaw, current as of Jan. 2, 2024; older than 2025). These rights arise only after written notice, and only if the condition was not caused by the tenant, the tenant's household or guests (66-28-502(c)). For other landlord noncompliance, the tenant may recover damages, an injunction and attorney's fees after 14 days' written notice (66-28-501(a)). There is no general repair-and-deduct for non-essential repairs, and no statute was identified for non-URLTA counties. Source: T.C.A. 66-28-502 |
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| Withholding rent | No general rent-withholding statute. The only rent excusal: in URLTA counties, a tenant who gets reasonable substitute housing because the landlord deliberately or negligently failed to supply essential services owes no rent during the noncompliance (after written notice). Official T.C.A. is published only via LexisNexis; text verified on a public mirror of the code (FindLaw, current as of Jan. 2, 2024; older than 2025). URLTA counties only. Withholding rent outside this remedy risks a 14-day nonpayment notice and eviction. Source: T.C.A. 66-28-502(a)(1)(C) |
| Mold | No statute — Tennessee's landlord-tenant law sets no mold disclosure or remediation rule. In counties covered by the Uniform Residential Landlord and Tenant Act, mold falls under the landlord's general duties to comply with building and housing codes materially affecting health and safety and to make all repairs needed to keep the premises fit and habitable. The tenant must keep the unit as clean and safe as when the tenant took possession. Official code not freely readable online; text verified on a public code mirror (code year 2024). The URLTA applies only in counties with population over 75,000 (T.C.A. § 66-28-102); elsewhere, repair duties depend on the lease and local codes. |
| Pests & bed bugs | No statute — no pest or bed-bug provision in the landlord-tenant law. In URLTA counties, infestations fall under the landlord's code-compliance and fit-and-habitable duties; the tenant must keep the unit clean and safe, dispose of garbage properly, and comply with tenant obligations under housing codes. Official code not freely readable online; text verified on a public code mirror (code year 2024). Local housing codes may assign pest-control duties. |
| Heat | No minimum temperature or heating season in state law. In URLTA counties, heat is an 'essential service': if the landlord deliberately or negligently fails to supply it, the tenant, after written notice, may procure heat and deduct the actual reasonable cost from rent, recover damages for reduced rental value, or obtain substitute housing (rent excused) and recover its reasonable value plus attorney's fees. The remedy is unavailable if the tenant, family or guests caused the condition. Official code not freely readable online; text verified on a public code mirror (code year 2024). Local building or housing codes may set heating standards. |
Free Tennessee repair request letter to landlord
Your landlord entered without notice or invaded your privacy
| Landlord entry notice | No general advance-notice requirement. In URLTA counties, the tenant may not unreasonably refuse consent to entry to inspect, repair, supply services, or show the unit. The landlord may enter without consent in an emergency, or when utilities are off through no fault of the landlord. Otherwise the landlord may enter only by court order, if the unit is abandoned or surrendered, if the tenant is deceased, incapacitated or incarcerated, or as the statute otherwise allows. Showings to prospective tenants in the final 30 days of the lease are allowed only if the lease provides for them and 24 hours' notice is given. The landlord may not abuse the right of access or use it to harass the tenant. Non-URLTA counties: no statute; the lease governs entry. Official T.C.A. is published only via LexisNexis; text verified on a public mirror of the code (FindLaw, current as of Jan. 2, 2024; older than 2025). URLTA counties only. T.C.A. ch. 66-7 (§§ 66-7-101 to 66-7-113), which applies in all counties, has no entry or notice-of-entry provision. |
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| Cameras & privacy | No landlord-specific statute. Unlawful photography: it is an offense to knowingly photograph (including by video) a person who has a reasonable expectation of privacy, without prior effective consent, if the image would offend or embarrass an ordinary person and was taken for sexual gratification, or includes the person's unclothed intimate areas or sexual activity. Tennessee is a one-party consent state for audio interception. Tenants may not unreasonably refuse landlord entry for inspection or repairs; entry without consent is allowed in an emergency. Official code not freely readable online; text verified on a public code mirror (code year 2024). Interception statute: https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-13-601/. |
You were refused or treated differently because of Section 8 or other income
| Statewide ban on refusing Section 8 / source of income | No. The Tennessee Human Rights Act's housing provision covers race, color, creed, religion, sex, disability, familial status and national origin, but not source of income or vouchers. Official code published only via LexisNexis; text verified on a public mirror (code year 2024). Source: T.C.A. 4-21-601(a) |
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Other claims tenants bring in Tennessee
| Constructive eviction (conditions forced you out) | No Tennessee statute uses the term "constructive eviction." In counties covered by the Uniform Residential Landlord and Tenant Act, if the landlord deliberately or negligently fails to supply essential services (utilities such as gas, heat and electricity, and other landlord obligations that materially affect health and safety), the tenant must give written notice and may then move to reasonable substitute housing, owing no rent while the problem lasts, and recover the reasonable value of the substitute housing plus attorney's fees. Official code not freely readable online; text verified on a public code mirror (code year 2024). The Uniform Residential Landlord and Tenant Act applies only in Tennessee's larger counties (Tenn. Code Ann. § 66-28-102(a)); the Attorney General lists them as Anderson, Blount, Bradley, Davidson, Greene, Hamilton, Knox, Madison, Maury, Montgomery, Putnam, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson and Wilson. A tenant who is unlawfully locked out or whose essential services are willfully interrupted may recover possession or end the lease, with actual damages, punitive damages when appropriate, and attorney's fees (§ 66-28-504). Whether Tennessee courts apply a common-law constructive-eviction doctrine is not addressed in the statute. Source: Tenn. Code Ann. § 66-28-502(a) |
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| Injuries on the property | In covered counties, the landlord must comply with building and housing codes materially affecting health and safety, make all repairs needed to keep the premises fit and habitable, and keep common areas clean and safe. A lease cannot excuse or limit the landlord's liability to the tenant arising under law, or make the tenant indemnify the landlord for it. A tenant may recover damages for the landlord's noncompliance after 14 days' written notice. Official code not freely readable online; text verified on a public code mirror (code year 2024). The Uniform Residential Landlord and Tenant Act applies only in Tennessee's larger counties (Tenn. Code Ann. § 66-28-102(a)); the Attorney General lists them as Anderson, Blount, Bradley, Davidson, Greene, Hamilton, Knox, Madison, Maury, Montgomery, Putnam, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson and Wilson. Whether a landlord is liable for a particular injury is decided by the courts under negligence law. Talk to a lawyer about any injury claim — filing deadlines apply. |
Where and when to sue
| Small claims limit | $25,000 for civil cases in general sessions court, not counting attorney fees, court costs and discretionary costs. Forcible entry and detainer (eviction) cases and actions to recover personal property have no dollar limit. Official code not freely readable online; text verified on a public code mirror (code year 2024). Jurisdiction in some counties is modified by private acts. Source: T.C.A. 16-15-501(d) |
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| Small claims filing fee | Fees are set by each county. Example: in Davidson County (Nashville), filing a civil warrant costs $145.75 (clerk $50, sheriff service $52, litigation tax $43.75), plus $52 for each additional defendant (effective July 12, 2026). |
| Deadline to sue on a written lease | 6 years. Actions for the use and occupation of land and for rent, and actions on contracts not otherwise provided for, must be brought within six years after the cause of action accrues. Same period for written and oral leases. Official code published only via LexisNexis; text verified on a public mirror (FindLaw, page stamped current as of Jan. 2, 2024 but showing text for agreements on or after Jan. 1, 2025). Source: T.C.A. § 28-3-109(a)(1), (3) |
How small claims court works in Tennessee →
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.