Legal Packet

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STATE OF TENNESSEE )

) ss.

[COUNTY] COUNTY )

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[TENANT FULL NAME],

Defendant,

v.

[LANDLORD / PROPERTY MANAGEMENT FULL NAME],

Plaintiff.

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ANSWER TO WARRANT FOR POSSESSION AND AFFIRMATIVE DEFENSES

GENERAL SESSIONS COURT — CIVIL DIVISION

Case No.: _______________

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COMES NOW Defendant [TENANT FULL NAME], appearing pro se, and files this

Answer to the Warrant for Possession (Unlawful Detainer) filed by Plaintiff,

as follows:

PARTIES AND JURISDICTION

1. Defendant [TENANT FULL NAME] is a residential tenant at [PROPERTY ADDRESS],

[CITY], Tennessee [ZIP CODE].

1. Plaintiff [LANDLORD NAME] is the owner or designated agent of the subject

residential rental property.

1. This Court has jurisdiction over unlawful detainer actions pursuant to

Tenn. Code Ann. § 29-18-107, which provides that "all cases of forcible

entry and detainer, forcible detainer, and unlawful detainer, may be tried

before any one (1) judge of the general sessions court."

GENERAL DENIAL

1. Defendant generally denies that Plaintiff is entitled to possession of

the subject premises.

1. Defendant [ADMITS / DENIES] that rent was due in the amount of $[AMOUNT]

per month.

1. Defendant [ADMITS / DENIES] receiving written notice from Plaintiff.

1. Defendant states that any alleged non-payment or breach was caused by

conditions created by Plaintiff's own failure to maintain the premises

as required by law.

AFFIRMATIVE DEFENSES

FIRST DEFENSE: LEASE AGREEMENT CANNOT WAIVE TENANT'S STATUTORY RIGHTS

1. Under Tenn. Code Ann. § 66-28-201(a), the Tennessee Uniform Residential

Landlord and Tenant Act provides that "a rental agreement cannot provide

that the tenant agrees to waive or forego rights or remedies under this

chapter."

1. Any provision in Plaintiff's lease that limits Defendant's rights under

Tenn. Code Ann. § 66-28 et seq. is void and unenforceable as a matter

of Tennessee law.

SECOND DEFENSE: LANDLORD'S FAILURE TO MAINTAIN ESSENTIAL SERVICES

1. Tenn. Code Ann. § 66-28-502(a) provides that "if the landlord deliberately

or negligently fails to supply essential services, the tenant shall give

written notice to the landlord specifying the breach and may do one (1)

of the following: (A) Procure essential services during the period of the

landlord's noncompliance and deduct their actual and reasonable costs from

the rent; (B) Recover damages based upon the diminution in the fair rental

value of the dwelling unit."

1. Beginning on approximately [DATE], Plaintiff failed to provide the

following essential services: [DESCRIBE: e.g., functioning heat, hot water,

electricity, safe premises].

1. Defendant gave Plaintiff written notice of this failure on [DATE].

1. Plaintiff failed to restore essential services within a reasonable time.

1. Pursuant to Tenn. Code Ann. § 66-28-502(a)(A), Defendant was entitled to

deduct the cost of procuring those services from rent, which offsets the

alleged arrears asserted in the Warrant for Possession.

THIRD DEFENSE: TENANT'S RIGHT TO REMEDIES FOR LANDLORD NONCOMPLIANCE

1. Tenn. Code Ann. § 66-28-501(a) provides that "the tenant may recover

damages, obtain injunctive relief and recover reasonable attorney's fees

for any noncompliance by the landlord with the rental agreement or any

section of this chapter upon giving fourteen (14) days' written notice."

1. Defendant gave Plaintiff written notice on [DATE] of the following

lease and statutory violations: [DESCRIBE VIOLATIONS].

1. Plaintiff failed to remedy the violations within 14 days as required by

Tenn. Code Ann. § 66-28-501(a).

1. As a result of Plaintiff's noncompliance, Defendant was damaged in the

amount of $[AMOUNT], which constitutes a setoff against any alleged

rent arrears.

FOURTH DEFENSE: TENANT'S STATUTORY OBLIGATIONS — DEFENDANT IN COMPLIANCE

1. Tenn. Code Ann. § 66-28-401 sets forth tenant obligations, requiring

the tenant to: "(1) comply with all obligations primarily imposed upon

tenants by applicable provisions of building and housing codes materially

affecting health and safety; (2) keep that part of the premises that the

tenant occupies and uses as clean and safe as the condition of the premises

when the tenant took possession."

1. Defendant has at all times complied with the obligations imposed by

Tenn. Code Ann. § 66-28-401 and the rental agreement.

1. Any damage to the premises asserted by Plaintiff was caused by

[Plaintiff's failure to maintain / normal wear and tear / pre-existing

conditions], not by any breach by Defendant.

FIFTH DEFENSE: RETALIATORY EVICTION [if applicable]

1. Tenn. Code Ann. § 66-28-504 provides that "if the landlord unlawfully

removes or excludes the tenant from the premises or willfully diminishes

services to the tenant by interrupting essential services as provided in

the rental agreement to the tenant, the tenant may recover possession or

terminate the rental agreement and, in either case, recover actual damages

sustained by the tenant, and punitive damages when appropriate."

1. This eviction action was filed in retaliation for Defendant's good-faith

exercise of tenant rights, specifically: [DESCRIBE: e.g., complaint to

housing code inspector, request for repairs, organizing with neighbors].

1. Retaliatory eviction is a complete defense to the Warrant for Possession.

COUNTERCLAIM: SECURITY DEPOSIT [if applicable]

1. Tenn. Code Ann. § 66-28-301(a) requires that "all landlords of residential

property requiring security deposits prior to occupancy are required to

deposit all tenants' security deposits in an account used only for that

purpose, in any bank or other lending institution subject to regulation

by the state."

1. Plaintiff collected a security deposit of $[AMOUNT] from Defendant

on [DATE].

1. Plaintiff [failed to hold the deposit in a separate account / failed to

return the deposit within the required period / made improper deductions].

1. Defendant is entitled to return of the security deposit of $[AMOUNT],

plus [double damages / interest] for Plaintiff's failure to comply with

Tenn. Code Ann. § 66-28-301.

PRAYER FOR RELIEF

WHEREFORE, Defendant [TENANT FULL NAME] respectfully requests that this Court:

a) Dismiss the Warrant for Possession and find that Plaintiff is NOT

entitled to possession of the subject premises;

b) Find that Defendant's non-payment or setoff was legally justified under

Tenn. Code Ann. §§ 66-28-502 and 66-28-501;

c) Award Defendant damages for Plaintiff's failure to provide essential

services pursuant to Tenn. Code Ann. § 66-28-502(a)(B);

d) If applicable, award Defendant return of the security deposit plus

applicable damages under Tenn. Code Ann. § 66-28-301;

e) Award Defendant reasonable attorney's fees if represented by counsel,

pursuant to Tenn. Code Ann. § 66-28-501(a);

f) Award Defendant costs of this proceeding; and

g) Grant such other and further relief as this Court deems just and proper.

VERIFICATION

I, [TENANT FULL NAME], swear or affirm under penalty of perjury under the

laws of the State of Tennessee (see Tenn. Code Ann. § 39-16-702) that the

facts stated in the foregoing Answer are true and correct to the best of

my personal knowledge, information, and belief.

Executed this ___ day of _____________, 20___.

______________________________

Signature of Defendant

[TENANT FULL NAME, printed]

[ADDRESS]

[CITY, STATE, ZIP]

[PHONE NUMBER]

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FILING INSTRUCTIONS

Court: General Sessions Court — Civil Division

(File in the county where the property is located)

Shelby County: Shelby County General Sessions Court (Civil)

General Sessions Building, 140 Adams Avenue, Memphis, TN 38103

Phone: (901) 222-3400

Hours: Monday–Friday, 8:00 AM – 4:30 PM

Davidson County: Davidson County General Sessions Court

Washington Square, 222 Second Avenue North, Nashville, TN 37201

Phone: (615) 862-5181

Knox County: Knox County General Sessions Court

400 Main Avenue, Suite 151, Knoxville, TN 37902

Phone: (865) 215-2590

Hamilton County: Hamilton County General Sessions Court

625 Georgia Avenue, Chattanooga, TN 37402

Phone: (423) 209-6700

Filing Fee: Approximately $90–$150 (varies by county — verify with clerk)

Fee Waiver: Request an "In Forma Pauperis" (IFP) affidavit

from the clerk if you cannot afford the fee.

Deadline: You must appear at the hearing date stated on the Warrant.

In Tennessee, the return date is typically set 6–15 days

after service. DO NOT MISS THIS DATE.

Copies: Bring 3 copies: one for the clerk, one for the Plaintiff,

one for yourself.

After Filing: You will appear at the hearing date on the Warrant. Bring all

documents supporting your defenses. If you miss the hearing,

a default judgment will be entered against you and a Writ of

Possession will be issued.

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CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I served a copy of this Answer on

Plaintiff/Landlord [NAME] by [hand delivery / first-class mail / certified

mail] at the following address:

[LANDLORD OR ATTORNEY ADDRESS]

______________________________

[TENANT FULL NAME]

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