Tennessee Security Deposit Lawsuit: Dissent in Writing, $25,000

By Steve Levine · Updated November 3, 2026

Short answer: A Tennessee security deposit lawsuit is filed in general sessions court, which hears civil claims up to $25,000 under Tenn. Code Ann. § 16-15-501(d)(1). In the 17 counties covered by the Uniform Residential Landlord and Tenant Act, § 66-28-301(d) limits your claim to the damage items you specifically disputed in writing, and § 66-28-501(a) allows damages and reasonable attorney’s fees after 14 days’ written notice. There is no double or triple penalty.

Tennessee deposit cases are won or lost on paperwork done at move-out, not in the courtroom. If you never put your objection to a charge in writing, the statute can bar you from recovering it later. Read this guide before your final inspection if you still can.

Tennessee Security Deposit Lawsuit Rules

Rule	Tennessee (URLTA counties)	Statute
Where the Act applies	Anderson, Blount, Bradley, Davidson, Hamilton, Knox, Madison, Maury, Montgomery, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson and Wilson counties	§ 66-28-102; LAS booklet
Deposit account	Held in an account used only for deposits	§ 66-28-301(a)
Refund deadline	No day count; landlord sends a refund notice to your last known address	§ 66-28-301(f)
Your response window	60 days after the refund notice is sent, or the landlord may keep the deposit	§ 66-28-301(f)
Forfeiture	No retention if the deposit was not in the required account and no damage listing was provided	§ 66-28-301(c)
Who can sue for what	Only items you specifically dissented from	§ 66-28-301(d)
Damages and fees	Damages and reasonable attorney’s fees, after 14 days’ written notice	§ 66-28-501(a)

First, Check Whether the Act Covers Your County

Tennessee’s deposit statute is part of the Uniform Residential Landlord and Tenant Act, which applies only in certain counties. The Legal Aid Society’s renters’ rights booklet for those counties, hosted on tn.gov, lists the 17 counties above. If you rent anywhere else, the companion brochure for other counties explains that your lease largely controls deposit questions, so read it closely before you sue.

The rest of this guide covers renters in the 17 counties.

The Dissent Rule Shapes Every Case

Under § 66-28-301(b), the landlord may offer a mutual move-out inspection. The landlord prepares a list of damage and estimated repair costs, and both sides sign it. Those signatures are conclusive evidence that the list is accurate. If you refuse to sign, you must state specifically in writing which items you dissent from.

That written dissent is what preserves your lawsuit. Section 66-28-301(d) lets a tenant who disputes the final damage listing sue in circuit or general sessions court, but limits the claim to the items you specifically dissented from; otherwise you cannot recover under that section. A tenant who signs the list without objection has very little to argue later.

If you skipped the inspection, left without written notice or failed to appear, the amendment in House Amendment 302 lets the landlord inspect alone. The landlord must then send you the list of damages and estimated costs, by certificate of mailing, if you request it in writing. Make that request and dissent in writing from anything you dispute.

The 60-Day Trap and the 14-Day Notice

Section 66-28-301(f) sets no day count for the landlord to refund your deposit. It says that if you leave owing no rent and a refund is due, the landlord sends notice of the refund amount to your last known or reasonably determinable address. If the landlord gets no response from you within 60 days of sending it, the landlord may keep the deposit free from your claim. Answer any refund notice in writing, right away.

The statutory demand step comes from § 66-28-501(a): a tenant may recover damages and reasonable attorney’s fees for the landlord’s noncompliance with the lease or the Act “upon giving fourteen (14) days’ written notice.” Send a written notice that identifies the disputed items, cites §§ 66-28-301 and 66-28-501, and states that you will file after 14 days. Our security deposit demand letter guide can be adapted for this.

Worked example: Rosa in Clarksville

Rosa rents in Clarksville, in Montgomery County, for $1,100 a month with a $1,100 deposit. She moves out June 30, 2026, and attends the landlord’s inspection. The list charges $450 to replace carpet she says was simply worn. Rosa refuses to sign and writes on the list that she dissents from the carpet charge as ordinary wear.

The landlord mails a refund notice for $650 on July 20. Rosa replies in writing within days, well inside the 60-day window in § 66-28-301(f), and sends a 14-day notice under § 66-28-501(a). When the landlord does not pay, she files in Montgomery County General Sessions Court for $450, the one item she dissented from. Under § 66-28-301(d), she could not add charges she had not disputed.

Which Court and What It Costs

General sessions courts fill Tennessee’s small claims role. A March 2025 legislative fiscal note explains that under § 16-15-501(d)(1), general sessions civil jurisdiction extends to $25,000, and the bill it analyzed proposed raising that to $50,000. Ask the clerk whether any increase has taken effect.

Fees are set county by county. Montgomery County’s general sessions civil cost sheet effective January 1, 2026 lists $148.50 for a civil case and $52.00 per person for sheriff service of additional parties. Hamilton County’s sessions civil FAQ notes that costs on civil warrants are prepaid unless a pauper’s oath is filed, that individuals may represent themselves, and that a corporation filing suit must have an attorney.

Evidence for General Sessions

The signed or dissented damage listing, with your written dissent on it or attached.
Your written request for the listing if the landlord inspected without you.
The landlord’s refund notice and your written response, with dates, to show you answered within 60 days.
Your 14-day notice under § 66-28-501(a) and proof of delivery.
Move-in and move-out photos. The LAS booklet distinguishes wear and tear, such as worn rugs, from damage such as holes and burns; our move-out checklist helps you document both.
Anything showing the deposit was not kept in a separate account, which matters for forfeiture under § 66-28-301(c).

Appeal and Collection

Hamilton County’s FAQ states that an appeal of a general sessions judgment must be filed within ten days after the judgment, at a cost there of $209.50. It also explains that a garnishment can issue on the eleventh day after judgment and that a wage garnishment is effective for six months.

Montgomery County’s cost sheet lists $25.00 per post-judgment request, which covers each writ, garnishment, execution, levy, post-judgment interrogatory or motion to set installment payments. Collection is your job, so plan to request a garnishment if the landlord has not paid by day eleven.

Frequently Asked Questions

How many days does a Tennessee landlord have to return my deposit?

Section 66-28-301 sets no specific number of days. It requires the landlord to send a refund notice to your last known address, and lets the landlord keep the deposit if you do not respond within 60 days of that notice.

Can I sue for a charge I did not dispute at move-out?

Generally not under the deposit statute. Section 66-28-301(d) limits a tenant’s claim to items specifically dissented from on the damage listing, so a charge you accepted in writing is usually off the table.

Does Tennessee double or triple a wrongly kept deposit?

No. There is no multiplier. You can recover the money owed, and § 66-28-501(a) allows damages and reasonable attorney’s fees after 14 days’ written notice.

What if my landlord never put my deposit in a separate account?

Section 66-28-301(c) says a landlord may not retain any portion of the deposit if it was not deposited in the required account and a damage listing was not provided. The LAS booklet notes that the landlord must tell you which bank holds your deposit.

I live in a county that is not on the list. Can I still sue?

Yes, in general sessions court, but the URLTA deposit rules may not apply. The LAS brochure for other counties says the lease controls when the landlord can keep the deposit, so your case will turn on its terms.

This page is general legal information, not legal advice. For help with your own case, contact a Tennessee legal aid office through LSC’s get legal help directory.

Your next step: find the damage listing and your written dissent, answer any refund notice in writing, and send a 14-day notice under § 66-28-501(a) before filing. See our Tennessee security deposit law guide, the Nashville tenant rights page for Davidson County renters, and the security deposit lawsuit by state hub.

Sources

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