DisputeKit / Tennessee
How long does a Tennessee landlord have to return a security deposit?
Tennessee law sets no fixed deadline for returning a deposit, but a landlord can only charge for damage found within 30 days after you moved out. You can ask for your deposit back in writing now. Under Tennessee Code § 66-28-301, a landlord may only recover the cost of physical damage to the premises if the damage was discovered within 30 days after the tenant vacated, or within 7 days after a new tenant took possession if that was sooner.
I moved out of my place in on and my landlord still has my $ deposit.
Fill in the blanks to see your deadline. Free, no account.
What the law says
Under Tennessee Code § 66-28-301, a landlord may only recover the cost of physical damage to the premises if the damage was discovered within 30 days after the tenant vacated, or within 7 days after a new tenant took possession if that was sooner.
- Tennessee's statute sets no specific number of days for returning the deposit and provides no double or triple damages.
- The Tennessee Uniform Residential Landlord and Tenant Act applies only in counties with a population of more than 75,000 according to the 2010 federal census (for example Shelby, Davidson, Knox, Hamilton and Rutherford); elsewhere there is no statewide deposit-return statute.
- If a new tenant moves in sooner, damage must be discovered within 7 days after the new tenant takes possession.
- If the tenant leaves owing no rent and is due a refund, the landlord must send a notice of the refund amount to the tenant's last known address; if the tenant does not respond within 60 days of that notice, the landlord may keep the deposit.
- A landlord may not keep any part of the deposit if it was not held in a separate deposit-only bank account and a damage listing was not provided as the statute requires.
- The tenant may ask to be present at a move-out inspection; at a mutual inspection both sides sign a list of damage, and a tenant who disagrees must state in writing which items they dispute.
- A tenant who sues over the final damage listing can only recover for items they specifically disputed in writing.
- Landlords must tell tenants where the deposit account is held when the lease is signed.
How to get your deposit back
Send a written demand letter. State the date you moved out, the amount of your deposit, what you have received, and a clear date by which you expect payment. Keep proof that you sent it.
If you are not paid, you can file in small claims court. The limit in Tennessee is $25,000 in General Sessions Court (Tennessee's small claims court), and the filing fee is Varies by county; ask the General Sessions Court clerk (filing and service costs are usually paid up front).
Steps
- Find your move-out date and deposit amount
- Send a written demand letter with a payment date
- Keep proof of sending
- File in small claims court if unpaid
Common questions
Is there a deadline for returning a deposit in Tennessee?
Tennessee law sets no fixed deadline for returning a deposit, but a landlord can only charge for damage found within 30 days after you moved out. You can ask for your deposit back in writing now.
Do I need a lawyer?
Not usually. Small claims court in Tennessee is designed for people without lawyers. A clear demand letter is often enough to get paid.