Tennessee Rules for Security Deposits vs. Damage Deposits
If you're renting in Tennessee, it's important to know the differences between security deposits and damage deposits. Understanding these rules helps you protect your money, handle move-out situations more smoothly, and prevent disputes. Tennessee has specific laws on how landlords must handle deposits, what they're for, and how you get them back. Here's what every renter should know about security versus damage deposits in the Volunteer State.
What Is a Security Deposit in Tennessee?
A security deposit is money you pay your landlord when you sign a lease. It's held as financial protection in case there is unpaid rent, damages beyond normal wear and tear, or other lease violations. Tennessee law gives landlords the right to collect this deposit but also sets rules on how they must treat it.
- The security deposit can only be used for unpaid rent, physical damage (not ordinary use), cleaning costs, or other contract violations.
- Landlords must place your deposit in a bank account and inform you of the location in writing.
- When your lease ends, the landlord must return your deposit within 30 days, minus any allowable deductions.
Is There a Difference Between Security Deposits and Damage Deposits?
In Tennessee, "security deposit" is the formal term used by law. Sometimes, people use "damage deposit" to refer to money held just for covering damage. However, the Uniform Residential Landlord and Tenant Act (URLTA) combines both concepts under the single term "security deposit." This means landlords can't charge separate "damage deposits" outside of the main security deposit. Always ensure your lease mentions only one deposit—anything additional may be unenforceable under state rules.
Allowed Deductions from Security Deposits
Landlords can only deduct the following from your deposit:
- Unpaid rent or late fees
- Damage beyond normal wear and tear
- Cleaning if the unit is not returned to move-in condition (excluding normal use dirt)
- Other specific lease violations causing financial loss
They must provide an itemized list of deductions and receipts if you request them.
Moving Out: Your Rights to a Deposit Return
To get your deposit back, Tennessee law requires these key steps:
- Your landlord must inspect the unit and create a list of damages (if any).
- You have the legal right to be present during the inspection. If they don't offer this, you may challenge any damage claims.
- The list must detail each deduction clearly.
- The landlord must return the balance within 30 days of moving out.
- If you disagree with the deductions, you can write a formal dispute letter or seek help from state officials.
If your landlord doesn't follow the legal steps for handling your deposit, you may be entitled to the full return of your money. Always keep written records and request a copy of any inspection list.
Official Forms and How to Use Them
- Security Deposit Receipt: Although not a specific Tennessee government form, your landlord must provide a written notice of the bank location where your deposit is held. Ask for this in writing at move-in. Use your lease and receipt to prove payment if needed.
- Move-Out Statement / Itemized Deductions List: This is required by law, but there's no standard state template. Landlords must provide you with a written, itemized list of any deductions when returning your deposit. If you need to dispute a deduction, include copies with your complaint or court filing.
- Complaint Form: If you want to pursue your deposit further, you may need to file a General Sessions Civil Summons (no specific form number; see local court clerk). This is used in small claims court to seek recovery of contested deposits. Example: If your landlord keeps the deposit unfairly, this form starts the process of legal recovery.
For more on housing complaints, consult the official Tennessee government guide to tenants' rights.
Which Agency Handles Deposit Disputes?
Deposit disputes in Tennessee are handled by the local General Sessions Court. This is the primary court that oversees landlord-tenant issues. You can file a complaint or seek mediation if you and your landlord can't agree about your deposit.
Relevant Legislation
Deposit rules are outlined in the Tennessee Uniform Residential Landlord and Tenant Act (URLTA). This law details your rights and the landlord's responsibilities throughout your tenancy.[1]
Frequently Asked Questions
- How much can a landlord charge for a security deposit in Tennessee?
Tennessee law does not set a maximum limit on security deposits, but most landlords charge one to two months' rent. Ask before signing your lease. - How long does a landlord have to return my deposit?
They must return your deposit, minus any itemized deductions, within 30 days after your lease ends and after you move out. - What if my landlord won’t tell me why part of my deposit was kept?
Request a written, itemized deduction list. If not provided, you may challenge the deductions in General Sessions Court. - Can my landlord charge a separate damage deposit?
No. Tennessee only allows one security deposit for residential rentals. Separate "damage deposits" are not permitted. - Where can I file a complaint if I don’t get my deposit back?
File in your local General Sessions Court. Staff can guide you on forms and procedures for deposit issues.
Key Takeaways for Tennessee Renters
- Your landlord can require a security deposit, but only one—no separate damage deposit.
- They must give you written notice of where your deposit is held and return it within 30 days after move-out, with an itemized deduction list.
- If you believe deductions are unfair or your deposit is withheld, you can dispute through the General Sessions Court.
Knowing your rights and keeping records protects you against deposit disputes.
Need Help? Resources for Renters
- Local General Sessions Court Directory – Find your county court for deposit disputes
- Tennessee Tenant Rights Guide – Official government resource for lease, deposit, and eviction issues
- Tennessee Department of Commerce & Insurance – Tenant Protections – Contact for housing questions or complaints
- Legal Aid Society of Middle Tennessee and the Cumberlands: Free legal help for low-income renters
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