Tennessee Landlord Retaliation Law: No Presumption, 17 Counties

Short answer: Tennessee landlord retaliation is addressed in Tenn. Code Ann. § 66-28-514, which, as printed in the 2011 text of House Bill 1760, bars a landlord from raising rent, cutting services, or bringing or threatening an eviction because you complained under the Act or used its remedies. The section sets no presumption period, and the Act it belongs to covers only certain larger counties.

Tennessee’s protection is narrow on paper. The section does not mention complaints to a code inspector or joining a tenant group, and it gives no time window that shifts the burden to the landlord. Tennessee’s Uniform Residential Landlord and Tenant Act also applies only in some counties, so the first question is whether you are covered at all. The stronger tools are often the bans on lockouts and utility shutoffs.

Tennessee Landlord Retaliation at a Glance

A Note on Sources

Tennessee’s official online code is hosted on a platform that cannot be read by automated tools, so this guide quotes the Act from documents the General Assembly itself published. House Bill 1760 of 2011, as introduced, reprinted chapter 66-28 in full, including § 66-28-514. A later House amendment, Amendment No. 1, replaced that approach with targeted changes. Sections may have been amended since 2011, so confirm the current wording with a lawyer or at a law library before relying on a specific phrase.

Does the Act Cover Your County?

Under § 66-28-102(a) as printed in the 2011 bill, the Act applies only in counties above a population threshold measured by federal census. Rather than guess at today’s threshold, use the list in the state’s renters’ rights booklet, published on tn.gov. It says it is written for tenants in Anderson, Blount, Bradley, Davidson, Hamilton, Knox, Madison, Maury, Montgomery, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson and Wilson counties.

If you rent outside those counties, § 66-28-514 may not apply to you at all. That does not leave you without rights, but the analysis changes, and a local legal aid office is the best place to start.

What Tennessee Protects

Section 66-28-514(a) lists two protected acts. The first is complaining to the landlord of a violation under § 66-28-301. In the 2011 bill text, § 66-28-301 is the security deposit section, which requires landlords to keep deposits in a separate account and inspect the unit before charging against it. The second is making use of remedies provided under the chapter.

That second category is where most repair disputes fit. The tenant remedies in the Act include the lockout and service remedies discussed below. If you put a repair problem in writing as a step toward one of the chapter’s remedies, you have a stronger argument that you were “making use of remedies” than if you only mentioned it in passing.

The section does not name complaints to a city or county codes office, organizing a tenant association, or testifying in court. Tenants in those situations may need another legal theory, such as federal fair housing law under 42 U.S.C. § 3617 when the complaint involved discrimination.

What Counts as Retaliation, and the Exceptions

The banned responses are increasing rent, decreasing services, and bringing or threatening to bring an action for possession. A threat alone qualifies, so keep any message where the landlord links your complaint to an eviction.

Section 66-28-514(b)(1) lets a landlord bring a possession action anyway in three cases: the code violation was caused primarily by lack of reasonable care by you, a household member, or someone on the premises with your consent; you are in default in rent; or code compliance requires alteration, remodeling or demolition that would effectively deprive you of the unit. Under subsection (b)(2), pursuing that action does not release the landlord from liability under § 66-28-501(b).

Lockouts, Utility Shutoffs and Harassment

Under § 66-28-504 as printed in the bill, if a landlord unlawfully removes or excludes you, or willfully diminishes services by interrupting essential services provided in the rental agreement, you may recover possession or end the lease and recover actual damages, punitive damages when appropriate, and a reasonable attorney’s fee. If the lease ends, the landlord must return prepaid rent and deposits. Section 66-28-517(d) adds that nothing in that section allows a landlord to take possession by interrupting electric, gas or other essential service, except after abandonment or surrender.

The state’s renters’ booklet states it plainly: the landlord cannot change the locks to make you leave, even if you are behind on rent or broke the lease, and cannot shut off lights, water or gas to make you leave. For entry, the 2011 amendment rewrote § 66-28-403 to say the landlord shall not abuse the right of access or use it to harass you.

Bad-faith three-day terminations

Section 66-28-517 allows a three-day termination for violent or dangerous conduct. Under subsection (e), if a landlord uses that power willfully and not in good faith, you may recover actual damages plus reasonable attorney’s fees. Subsection (c) gives you immediate access to court for an injunction against the termination.

Proving It Without a Presumption

With no statutory time window, the order of events carries your case. Keep a dated copy of each written complaint or remedy notice you sent, and every landlord response afterward: rent increase letters, eviction notices, texts about services. Rent receipts matter because a rent default defeats the retaliation bar.

Write down what was said in phone calls and visits, with dates. The landlord retaliation checker helps you organize these facts, and the repair request letter generator gives you a dated written notice from the start.

Worked Example: A Chattanooga Tenant

Andre rents an apartment in Chattanooga, in Hamilton County, for $1,250 a month. On February 4 he sends the landlord a written notice that the heat has failed and that he intends to use his remedies under the Act if it is not fixed. On February 18 the landlord texts that rent will rise to $1,450 next month and that he “doesn’t need tenants who make trouble.”

Hamilton County is on the state’s list, Andre is current on rent, and the increase followed his use of a chapter remedy. He keeps the notice, the text and his receipts and raises § 66-28-514 if the landlord files for possession. If the landlord instead turns off his heat to push him out, § 66-28-504 lets him seek actual damages, punitive damages when appropriate, and attorney’s fees.

Frequently Asked Questions

Does Tennessee protect me if I call the codes department?

Section 66-28-514, as printed in the 2011 bill text, does not list complaints to a government agency. It protects complaints to the landlord under § 66-28-301 and use of the chapter’s remedies, so pair any codes complaint with a written notice to your landlord.

Is there a presumption of retaliation in Tennessee?

No presumption period appears in § 66-28-514. You show retaliation with your timeline and evidence, and the landlord can rely on the exceptions in subsection (b).

I live in a rural Tennessee county. Does this law apply?

Possibly not. The Act applies only in counties above a population threshold, and the state booklet lists 17 covered counties. Outside them, ask legal aid what rules apply.

Can my Tennessee landlord shut off the water to make me leave?

No. The renters’ booklet says the landlord cannot shut off lights, water or gas to make you leave, and § 66-28-504 provides damages, including punitive damages when appropriate, and attorney’s fees.

Next Steps

Confirm your county is covered, then put your complaint in writing and keep a dated record. Read our landlord retaliation guide, compare states on the tenant protection laws by state hub, and see Tennessee security deposit law for the deposit rules tied to § 66-28-301. This page is general information, not legal advice; LSC’s get legal help page can connect you with Tennessee legal aid.

Sources

• Tennessee General Assembly, House Bill 1760 (2011), as introduced, reprinting Tenn. Code Ann. ch. 66-28
• House Amendment No. 1 to HB 1760 (2011), including § 66-28-403
• State of Tennessee, If You Rent a Place, Know Your Legal Rights and Duties
• 42 U.S.C. § 3617
• Legal Services Corporation, Get Legal Help