Tennessee Security Deposit Law, in Plain English

Tennessee's deposit statute has a twist most people miss before they get to the rules: it only applies in counties with more than 75,000 people. Where it does apply, it doesn't set a cap or a return deadline — it sets procedure: a dedicated bank account, a move-out inspection with a signed damage listing, and a forfeiture rule for landlords who skip both. Here's how Tenn. Code § 66-28-301 actually works, for both sides of the lease.

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75,000The county population (2010 census) above which the Act applies at all
1 accountWhere deposits must sit — used only for deposits, at a regulated institution, location disclosed at lease signing
4 daysThe window after move-out for the joint inspection and signed damage listing
30 / 7 daysThe limit for charging damage found after the inspection: 30 days after vacancy or 7 days after a new tenant, whichever is first
60 daysThe tenant's window to respond to a refund notice before the landlord may keep the deposit

First question: is your county over 75,000?

The Uniform Residential Landlord and Tenant Act — and with it § 66-28-301 — applies only in counties whose population exceeded 75,000 in the 2010 federal census. That's Shelby, Davidson, Knox, Hamilton, Rutherford, Williamson, and roughly nine other large counties. In the state's other 80-odd counties, none of the rules on this page apply; the lease and general contract law are the whole story. If you're covered, the Act sets no cap on deposit size and requires no interest. Its attention is entirely on custody and process.

A deposit-only account, disclosed at signing — or nothing can be kept

Every landlord who takes a deposit must place it in an account used only for security deposits, at a bank or lending institution regulated by the state or federal government, and must tell the tenant where the account is at lease execution (the number itself isn't required). The consequence, under § 66-28-301(c): a landlord who didn't deposit the money as required and didn't provide the required damage listing may not retain any portion of the deposit. Not for unpaid rent, not for a hole in the wall. Skipping the account alone doesn't trigger the forfeiture, but it leaves the landlord one missed listing away from it.

The joint inspection and the signed listing — conclusive evidence, by statute

Tennessee builds its move-out around a document. When the landlord asks the tenant to vacate, or within 5 days of receiving the tenant's written notice of intent to leave, the landlord may notify the tenant of the right to be present at the inspection. The inspection happens on the day the tenant completely vacates or within 4 calendar days after. If the tenant requests it, landlord and tenant walk the unit together and compile a comprehensive listing of ascertainable damage with estimated repair costs. Both sign — and the signed listing becomes conclusive evidence of its accuracy. A tenant who disagrees must state each disputed item specifically in writing. A tenant whose lease contains the statutory waiver language and who simply doesn't show up waives the right to contest any damage found. Damage the inspection missed can still be charged, but only if discovered before the earlier of 30 days after the tenant vacated or 7 days after a new tenant moves in.

Tennessee makes the signed listing conclusive. Make sure it's accurate.

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After move-out: a refund notice, and 60 days to answer it

Tennessee has no fixed "return within X days" rule. Instead, when a refund is due, the landlord sends notice of the amount to the tenant's last known or reasonably determinable address. If the landlord receives no response within 60 days, the landlord may remove the deposit from the account and keep it, free of any claim. A tenant who leaves owing rent lets the landlord apply the deposit to the debt directly. The lesson for tenants is unusual among states: the risk isn't a late landlord, it's a silent tenant. Leave a written forwarding address, and answer the refund notice in writing the week it arrives. What may be deducted: unpaid rent and other amounts owed, physical damage on the inspection listing (or found within the 30-day/7-day window), and contractual damages the lease provides for. Ordinary wear and tear isn't damage.

When it goes wrong: forfeiture, then General Sessions Court

Tennessee's penalty is forfeiture, not multiplication. A landlord who failed to keep the deposit in a proper account and failed to provide the required damage listing is not entitled to retain any portion of the deposit. There's no doubling and no automatic attorney's fee award; the leverage is that a landlord who skipped the procedure has no claim to the money at all. A tenant who disputes the accuracy of the final damage listing may sue in circuit court or General Sessions Court — Tennessee's small-claims-style court, which hears civil claims up to $25,000 ($15,000 in Anderson, Davidson, Hamilton, and Knox counties). The winning file: the lease, the account disclosure, the signed listing or the written dissent, the refund notice and the response, and dated room-by-room photos from both ends of the tenancy.

Sources and official texts

The official sources for this guide are Tenn. Code Ann. § 66-28-301 — security deposits; Tenn. Code Ann. § 66-28-102 — which counties the URLTA applies to; the UT County Technical Assistance Service summary of General Sessions Court jurisdiction ($25,000 limit and county exceptions); and the Tennessee Attorney General's landlord-tenant resources.

Frequently asked questions

How long does a landlord have to return a security deposit in Tennessee?

Tennessee doesn't set a single deadline. After move-out, the landlord sends notice of any refund due to your last known address; if you don't respond within 60 days, the landlord may keep the deposit outright. Damage not found at the move-out inspection can be charged only if discovered within 30 days of your leaving (or 7 days after a new tenant moves in, if sooner). Respond to the refund notice promptly and in writing.

How much can a landlord charge for a security deposit in Tennessee?

There's no legal limit and no interest requirement. One month's rent is common practice, not law.

Does Tennessee's deposit law apply everywhere in the state?

No. The Uniform Residential Landlord and Tenant Act — including § 66-28-301's account, inspection, and forfeiture rules — applies only in counties with more than 75,000 residents by the 2010 census: Shelby, Davidson, Knox, Hamilton, Rutherford, Williamson, and about nine others. In smaller counties, your lease and general contract law are the whole rulebook.

Where does my deposit have to be kept in Tennessee?

In an account used only for security deposits at a bank or lending institution regulated by the state or federal government, and you must be told the account's location when you sign the lease. A landlord who skips this and also fails to provide the required damage listing is not entitled to keep any part of your deposit — regardless of damage.

Can I attend the move-out inspection in Tennessee?

Yes, and you should. The landlord may notify you of the right when asking you to vacate or within 5 days of your written notice; the inspection happens on move-out day or within 4 calendar days after. Together you compile a listing of damage with estimated repair costs, and both sign it — the signed list is conclusive evidence of what the unit looked like. Disagree? State each disputed item in writing. Skip the inspection with waiver language in your lease and you may lose the right to contest the damages at all.

What can a landlord deduct from a deposit in Tennessee?

Unpaid rent or other amounts owed under the lease, physical damage identified on the inspection listing (or discovered within the 30-day/7-day window), and contractual damages the lease provides for. Ordinary wear and tear isn't damage.

What if the landlord never gave me a damage listing?

In URLTA counties, a landlord who failed to keep the deposit in a proper account and failed to provide the damage listing may not retain any portion of the deposit. That forfeiture — not a doubling — is Tennessee's penalty.

Where do deposit disputes go in Tennessee?

General Sessions Court, Tennessee's small-claims-style court, hears civil claims up to $25,000 ($15,000 in Anderson, Davidson, Hamilton, and Knox counties). Bring the lease, the account disclosure, the signed inspection listing or your written dissent, the refund notice and your response, and dated move-in and move-out photos.

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