Tennessee Pet Deposit Laws

Learn Tennessee pet deposit rules under Tenn. Code Ann. §66-28-301. Can landlords charge pet deposits? Can they keep it for pet damage? What about service animals and ESAs?

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Pet Deposit Rules in Tennessee

In Tennessee, pet deposits are subject to the same rules as security deposits under Tenn. Code Ann. §66-28-301. Landlords may charge a pet deposit to cover potential pet-related damage, but it cannot be used to cover normal wear and tear. Whether the pet deposit is refundable depends on the terms of your lease and whether actual pet damage occurred. The total of all deposits — including pet deposits — may be subject to a statutory cap depending on Tennessee law.

Service Animal Exception

Under the federal Fair Housing Act, landlords cannot charge pet deposits for service animals (ADA) or emotional support animals (FHA) — this applies in all 50 states regardless of Tennessee law.

What to Do About Your Pet Deposit in Tennessee

  1. 1

    Review your lease to confirm the pet deposit amount and refundability

  2. 2

    Document pet-related areas at move-in AND move-out with photos

  3. 3

    Get written confirmation of whether your pet deposit is refundable

  4. 4

    If landlord keeps pet deposit without itemization within 30 days, dispute it citing Tenn. Code Ann. §66-28-301

  5. 5

    Service or emotional support animal? The landlord cannot charge you any pet deposit

Legal Reference

Wear & Tear Protected
Primary StatuteTenn. Code Ann. §66-28-301
Small Claims Limit$25,000
Statute of Limitations6 years

Questions

Common questions answered.

Your Tennessee landlord has 30 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by Tenn. Code Ann. §66-28-301.

If your landlord misses the 30-day deadline, you can sue in Tennessee small claims court (up to $25,000) to recover your full deposit plus court costs. While Tennessee doesn't impose a penalty multiplier, the threat of court often motivates compliance.

No. Tennessee law under Tenn. Code Ann. §66-28-301 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.

Yes, landlords in Tennessee may charge a separate pet deposit to cover potential pet-related damage. However, it is subject to the same rules as the main security deposit under Tenn. Code Ann. §66-28-301: it must be returned (or itemized) within 30 days, and cannot be kept for normal wear and tear.

No. Under the federal Fair Housing Act, landlords cannot charge any pet deposit or pet fee for service animals (ADA) or emotional support animals (FHA). This applies in Tennessee and all 50 states regardless of state law. Charging a pet deposit for a service or support animal is illegal discrimination.

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