How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in Tennessee, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
No statutory cap under state law (a landlord may require whatever amount the lease specifies).
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in Tennessee |
|---|---|
| Unpaid rent or other amounts due and owing at vacating | Permitted, if substantiated |
| Damage to the unit beyond ordinary wear and tear (itemized with estimated repair cost) | Permitted, if substantiated |
| Cleaning costs to restore the unit to its pre-rental condition | Permitted, if substantiated |
| Claimed deduction | Permitted in Tennessee |
|---|---|
| Ordinary wear and tear | Not permitted |
| Any amount without a written damage listing (§ 66-28-301(c)) | Not permitted |
| Any amount if the deposit was not held in a separate account (§ 66-28-301(c)) | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
The landlord bears the burden of showing the deposit was held in a separate account and that a proper damage listing was provided before any deduction. Failure on either prong forfeits the landlord's right to retain the deposit. For any deduction actually itemized, the landlord must justify it as damage (not ordinary wear and tear) and show the repair cost.
In Tennessee the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. Tenn. Code Ann. § 66-28-301 ↗
No statutory penalty beyond returning the deposit.
Tennessee has NO 2x or 3x multiplier. The remedy is a forfeiture: if the landlord fails to deposit the security deposit in a separate account (subsection (a)) OR fails to provide the damage listing (subsection (b)), the landlord is not entitled to retain ANY portion of the deposit. This is automatic on noncompliance — no separate finding of bad faith or willfulness is required. The tenant may still recover the full deposit even if some deductions would otherwise have been valid.
Tenn. Code Ann. § 66-28-301(c) ↗The tenant may recover the landlord's attorney fees.
Tennessee's § 66-28-301 does not itself provide attorney fees. In a general sessions or circuit court action, a prevailing tenant may recover court costs, but attorney fees are not automatic and are generally not awarded absent a contractual or separate statutory basis.
Tenn. Code Ann. § 66-28-301(d) ↗Tennessee's strongest lever is procedural, not a damage multiplier. If the landlord did not hold your deposit in a separate account OR did not provide a written damage listing, they forfeit the right to retain ANY portion of it — even deductions that would otherwise be valid. You may recover the full deposit on this basis alone.
Tenn. Code Ann. § 66-28-301(c) ↗Tennessee is a "split-law" state: the URLTA (including § 66-28-301) governs only counties above 75,000 population. In smaller counties, common-law rules apply and the statutory deposit protections may not. Confirm your county before relying on § 66-28-301.
Tenn. Code Ann. § 66-28-102 ↗““I kept the deposit for cleaning and damages.””
Tennessee law requires you to compile a written damage listing with estimated repair costs before charging anything against my deposit. If you did not, you lose the right to retain any portion of it — and ordinary wear and tear is never deductible.
Tenn. Code Ann. § 66-28-301(b), (c)
““You never gave me a forwarding address.””
You must send notice of any refund to my last known or reasonably determinable address. If I never responded, that only lets you keep the money after 60 days — it does not erase the separate-account and damage-listing requirements you still had to meet.
Tenn. Code Ann. § 66-28-301(f)
““You did not dispute the damage list in writing.””
Under § 66-28-301(d), my claim is limited to the items I specifically dissented from on the listing. But if you never provided a proper listing — or never held my deposit in a separate account — that limitation does not protect you from forfeiting the whole deposit.
Tenn. Code Ann. § 66-28-301(c), (d)
Some widely circulated summaries of Tennessee deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Many secondary checklists | 30 days after move-out |
| Tenn. Code Ann. § 66-28-301 | No fixed return deadline; 60-day no-response window runs against the tenant |
What we follow: No fixed statutory return deadline
The statute does not set a 30-day (or any fixed) return deadline. The only "60 days" is the window after which a landlord may keep the deposit if the tenant does not respond to the refund notice — a rule that cuts against the tenant, not for them.
| Source | What it says |
|---|---|
| Generic multi-state checklists | 2x or 3x penalty |
| Tenn. Code Ann. § 66-28-301(c) | Forfeiture of the right to retain the deposit (no multiplier) |
What we follow: Forfeiture, no multiplier
Tennessee has no statutory multiplier for deposit noncompliance. The remedy is a full forfeiture triggered by separate-account or damage-listing failure.
| Source | What it says |
|---|---|
| Some summaries | Applies statewide |
| Tenn. Code Ann. § 66-28-102 | Applies only in counties over 75,000 population |
What we follow: Large counties only
The URLTA is explicitly limited to counties above the population threshold; smaller counties follow common law. Reporting it as statewide would mislead tenants in rural counties.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| Tenn. Code Ann. § 66-28-301(f) | 2026-10-15 | official text ↗ |
| Tenn. Code Ann. § 66-28-301(b) | 2026-10-15 | official text ↗ |
| Tenn. Code Ann. § 66-28-301(c) | 2026-10-15 | official text ↗ |
| Tenn. Code Ann. § 66-28-301(d) | 2026-10-15 | official text ↗ |
| Tenn. Code Ann. § 66-28-301 | 2026-10-15 | official text ↗ |
| Tenn. Code Ann. § 66-28-102 | 2026-10-15 | official text ↗ |
Primary reference: Tenn. Code Ann. § 66-28-301 (URLTA Security Deposit Act). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
A self-help letter is the right starting point for a single deposit you can document. Get legal help if:
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Tennessee Security Deposit Return
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The statute does not permit deductions for: ordinary wear and tear; any amount without a written damage listing (§ 66-28-301(c)); any amount if the deposit was not held in a separate account (§ 66-28-301(c)).
The landlord. The landlord bears the burden of showing the deposit was held in a separate account and that a proper damage listing was provided before any deduction. Failure on either prong forfeits the landlord's right to retain the deposit. For any deduction actually itemized, the landlord must justify it as damage (not ordinary wear and tear) and show the repair cost.
No statutory cap under state law (a landlord may require whatever amount the lease specifies).
No. Ordinary wear and tear