Tennessee Rent Escrow & Withholding for Repairs: Renter Guide

If you're a renter in Tennessee and your landlord isn't making important repairs, you may be wondering if you can withhold rent or use a rent escrow account. Understanding your rights and the proper process is key to protecting yourself and ensuring your home meets legal habitability standards.

What Is Rent Escrow and Withholding in Tennessee?

Rent escrow is when a renter pays rent into a court-approved account instead of directly to the landlord, usually because the landlord hasn't fixed serious issues affecting health or safety. In Tennessee, there are specific rules about when—and how—this option may be used. Tennessee law does not generally allow renters to simply stop paying rent. You must follow a formal process to avoid potential eviction.

Which Repairs Qualify for Rent Escrow?

Repairs must involve violations of the landlord's duties under the Tennessee Uniform Residential Landlord and Tenant Act (URLTA)¹. These include:

• Broken heating or cooling in extreme weather
• Lack of hot or cold running water
• Unsafe electrical, plumbing, or gas issues
• Serious pest infestations
• Unrepaired structural hazards

Minor issues, like a chipped tile or squeaky hinge, do not qualify for escrow.

Steps Before Withholding Rent or Escrow

Before taking action, Tennessee renters must provide written notice and allow reasonable time for repairs. Here's how the process works:

• Step 1: Written Notice – Notify your landlord in writing of the problem and request a repair. Keep a copy for your records.
• Step 2: Wait for the Deadline – Generally, the landlord has 14 days after receiving notice to fix the issue, unless it's an emergency².
• Step 3: Consider Local Options – Rent escrow is only available in urban counties governed by URLTA (such as Davidson, Shelby, or Knox)—not all areas of Tennessee qualify. Check your county court's website to confirm.
• Step 4: Court Filing – If the landlord still hasn't repaired, you may petition the General Sessions Court to open a rent escrow account.

Filing for Rent Escrow in Tennessee

Here’s what you need to know about starting a rent escrow case:

• Form Name: General Sessions Civil Case Filing Form
• When Used: If your landlord hasn't performed required repairs after notice and you live in an eligible county, you file this form at the General Sessions Court. You’ll attach evidence (copies of your notice, photos, correspondence).
• Sample Scenario: You notify your landlord that your heating is out in winter. After 14 days with no action, you complete this form to request the court allow you to pay rent into escrow until repairs are made.

Official Tribunal: Tennessee General Sessions Court

What Happens After Filing?

The court will review your petition and, if approved, order that you deposit rent payments with the court. The landlord may also be ordered to complete repairs by a set deadline. Never withhold or redirect rent on your own—this must be done with court approval.

Relevant Tennessee Legislation

• Tennessee Uniform Residential Landlord and Tenant Act (URLTA), Tenn. Code Ann. §§ 66-28-101 to 66-28-521
• Tennessee General Sessions Court (handles rent escrow in URLTA counties)

For small claims or rent escrow petitions, use the Civil Case Filing Form.

FAQ: Tennessee Rent Escrow and Repairs

1. Can I withhold rent if my landlord won’t make repairs in Tennessee?
   Not without a court’s approval. You need to file a petition with the General Sessions Court first; otherwise, you risk eviction.
2. Which areas of Tennessee allow rent escrow?
   Only counties governed by URLTA—usually larger urban areas. Check with your local court to see if your county applies.
3. What forms do I need to start a rent escrow case?
   You need the General Sessions Civil Case Filing Form and proof that you notified your landlord in writing.
4. How soon must the landlord fix serious habitability issues after notice?
   Usually within 14 days, unless it is an urgent emergency such as loss of heat in winter, which may require faster action.
5. What if my landlord tries to evict me after I file for escrow?
   As long as you pay your rent into escrow per the court’s order, you have legal protections from nonpayment eviction, but always comply with court instructions.

Conclusion: Key Takeaways for Tennessee Renters

• Withholding rent is only legal through a court-ordered escrow process in Tennessee’s covered counties.
• Always provide written notice and reasonable time for the landlord to repair before seeking escrow.
• Use official court forms and follow all steps carefully to protect your rights and avoid eviction risks.

Need Help? Resources for Renters

• Tennessee General Sessions Court – Tribunal for rent escrow cases and landlord-tenant disputes.
• Tennessee Department of Commerce & Insurance: Tenant Rights – Guidance on repairs, housing laws, and complaint filing.
• Legal Aid Society of Middle Tennessee and the Cumberlands – Free legal help for qualifying renters facing repair or eviction issues.
• General Sessions Civil Case Filing Form – Required to petition for rent escrow.

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1. Tennessee Uniform Residential Landlord and Tenant Act (URLTA), Tenn. Code Ann. §§ 66-28-101 et seq. – Full text of the URLTA
2. Tennessee General Sessions Court – Official website
3. General Sessions Civil Case Filing Form – Download form

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