How do I dispute a security deposit return in Tennessee?

Tennessee's Uniform Residential Landlord and Tenant Act (URLTA) governs deposits at T.C.A. § 66-28-301; non-URLTA counties (population under 75,000) follow lease and common law.

1. URLTA Coverage

The URLTA applies to all rental property in counties with populations greater than 75,000 (most major metros: Davidson, Shelby, Knox, Hamilton, etc.).

2. Escrow Required

The deposit must be deposited in a separate account at a bank or financial institution and the tenant must be informed of the location in writing (§ 66-28-301(a)).

3. Move-Out Inspection

On request, the tenant has the right to be present at the move-out inspection. The landlord must provide a list of damages within a reasonable time (§ 66-28-301(b)).

4. Tenant's Written Demand

The tenant must make a written demand for the deposit within 60 days of moving out and provide a forwarding address. Failure to do so means the landlord may retain the deposit by default (§ 66-28-301(g)).

5. Landlord's Return Obligation

Within 60 days of the tenant's demand (or as the lease specifies), the landlord must return the deposit and itemized statement. Failure to provide itemization within a reasonable time forfeits the right to retain any portion (§ 66-28-301(d)).

6. Allowed vs. Prohibited Deductions

Permitted: unpaid rent, damages beyond ordinary wear and tear. Prohibited: ordinary wear and tear, routine cleaning, repainting after long tenancies.

7. General Sessions Court & Limitations

File in Tennessee general sessions court (jurisdictional limit $25,000 as of 2023). The statute of limitations is 6 years for breach of contract (T.C.A. § 28-3-109).

This is legal information, not legal advice.