Tennessee Security Deposit Small Claims: How to Sue Your Landlord

Tennessee's Uniform Residential Landlord and Tenant Act (T.C.A. § 66-28-102) applies only in counties with more than 75,000 people under the 2010 federal census or a later census. In those counties, § 66-28-301 sets rules for inspecting the unit, listing physical damage, and handling a refund. It does not create a universal 30-day deadline to return every deposit or send a deduction list. A deposit dispute can be brought as a money claim in General Sessions Court.

Security deposit disputes are among the most common cases filed by tenants in Tennessee. The amounts typically fall between $500 and $3,000, well within the $25,000 General Sessions limit.

What the 30-Day Period Covers

The statute's 30-day period concerns additional physical damage discovered after the initial inspection: under § 66-28-301(g), that damage must be discovered by the earlier of 30 days after you vacate or seven days after a new tenant takes possession. This is not a general deadline to return the deposit or send an itemized statement.

If a refund is due, § 66-28-301(f) requires the landlord to send notice of the amount to your last known or reasonably determinable address. If the landlord receives no response within 60 days after sending that notice, the statute allows the landlord to retain the deposit.

Before You File: Send a Demand Letter

Even though you are not legally required to send a demand letter before filing a Civil Warrant, it helps your case. A written demand shows the judge you tried to resolve this without the court's involvement.

Your demand letter should include:

• The property address and lease dates
• The deposit amount you paid
• Any damage listing you received and the specific items you disputed in writing
• A specific dollar amount you are requesting
• A deadline for payment (10 to 14 days is standard)
• A statement that you will file in General Sessions Court if the matter is not resolved

Send it via USPS Certified Mail with Return Receipt Requested, plus a regular first-class copy. Keep the tracking receipt and the green return card — both are evidence.

Filing the Civil Warrant

File in the county where the rental property is located or where an individual landlord resides. If the defendant is a business entity, use the business-entity venue rules under T.C.A. § 20-4-104. You will need the landlord's full legal name and a street address for service of process.

If your landlord is a property management company or an LLC, search the Tennessee Secretary of State business database for the entity's registered agent name and address. The Civil Warrant must name the legal entity, not just the property management company's trade name.

Filing fees vary by county — expect $125 to $275 depending on the county and service method. If you cannot afford the fee, you can file a Uniform Civil Affidavit of Indigency to request a waiver.

What to Bring to Court

Your case rests on documentation. Prepare three copies of everything (one for the judge, one for the defendant, one for you):

• Your lease agreement — shows the deposit amount and terms
• Move-in and move-out photos — timestamped, showing the condition of the unit
• Your demand letter and the certified mail receipt
• Proof of deposit payment — canceled check, bank statement, or receipt
• Any communication with the landlord — texts, emails, letters
• Your forwarding address notice (if you provided one in writing)

If the landlord claims physical damage, keep the inspection and damage listing. Under § 66-28-301(d), a tenant's claim is limited to items specifically disputed in the listing process.

What You Can Recover

You can claim the full deposit amount, or the portion the landlord wrongfully withheld. Tennessee does not provide statutory double or treble damages for security deposit violations the way some states do — you recover what you are owed, plus court costs if you win.

The judge can also award prejudgment interest at up to 10% per year under T.C.A. § 47-14-123 on the amount withheld.

Filing Deadline

Security deposit claims are contract-based, so the six-year statute of limitations for written contracts under T.C.A. § 28-3-109 applies. You have time, but filing sooner means fresher evidence and easier service on the landlord.

Our Tennessee Small Claims Filing Guide walks through every step — from the demand letter through evidence preparation and the hearing — with worksheets designed for exactly this kind of case.

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