Tennessee Eviction Defense Answer — Your Filing Guide
What This Document Does
This is an Answer to a Warrant for Possession (Unlawful Detainer) filed by your landlord in Tennessee General Sessions Court. Filing this Answer tells the court you are contesting the eviction and presenting legal defenses. It prevents a default judgment and preserves your right to stay in your home.
When to Use This
Use this document if:
- Your landlord filed a Warrant for Possession (eviction) against you in Tennessee
- You want to contest the eviction and present defenses
- You believe your landlord failed to maintain the property, violated your rights, or the eviction is retaliatory
- You need time to prepare your case before the hearing
Before You File
Gather these items:
- [ ] The Warrant for Possession you received (shows your hearing date)
- [ ] Your lease or rental agreement (any version you have)
- [ ] All rent payment records (receipts, bank statements, money orders, canceled checks)
- [ ] Any written notices you sent to your landlord (letters, texts, emails)
- [ ] Any notices you received from your landlord
- [ ] Photos of problems with the property (no heat, no hot water, mold, damage)
- [ ] Photo ID
- [ ] $90–$150 in cash or money order for filing fee (see fee waiver below)
Step-by-Step Filing
- Fill out the Answer form completely. Replace all bracketed text with your real information. Check every paragraph.
- Choose your defenses. You do not need to use every defense listed. Only check the ones that apply to your situation:
- First Defense: Your lease cannot make you give up rights the law gives you
- Second Defense: Landlord failed to provide essential services (heat, hot water, electricity, safe conditions)
- Third Defense: Landlord violated the lease or law and you gave 14 days' written notice
- Fourth Defense: You complied with all your tenant obligations
- Fifth Defense: Retaliation (landlord is evicting you because you complained or asserted your rights)
- Make 3 copies. Keep one for yourself. The other two go to the court.
- Go to the General Sessions Court in your county. See court addresses below.
- Find the Civil Division clerk window. Tell them you are filing an Answer to an eviction (Unlawful Detainer).
- File all copies. Pay the filing fee ($90–$150 depending on county).
- Fee Waiver: If you cannot afford the fee, ask the clerk for an "In Forma Pauperis" (IFP) affidavit. Fill it out and file it with your Answer.
- The clerk will stamp your copy. This stamp shows your Answer was filed. Keep this copy safe.
- Serve the landlord. After filing, you must give a copy to your landlord (or their attorney). You can do this by:
- Hand delivery
- First-class mail
- Certified mail (get receipt)
Fill out the Certificate of Service at the bottom of your Answer with the date and method you used.
At Your Hearing
Bring:
- Your stamped copy of the filed Answer
- The original Warrant for Possession
- All supporting documents (lease, receipts, notices, photos)
- Any witnesses who saw the conditions or heard conversations with your landlord
Arrive 30 minutes early. Dress neatly (business casual is fine).
When your case is called, say:
- "Your Honor, I am [YOUR NAME], the defendant. I filed an Answer on [DATE]."
- "I am contesting this eviction because [pick your main defense]."
- Present your documents when the judge asks.
- Refer to your defenses: "Under Tennessee Code Section 66-28-502, I gave written notice that my landlord failed to provide [heat/hot water/essential services]. I was entitled to deduct those costs from my rent."
What Happens Next
- If you win: The eviction is dismissed. You can stay in your home.
- If you lose: The judge will issue a judgment for possession. You typically have 10 days to move before the sheriff can remove you.
- If you want to appeal: You have 10 days to appeal to Circuit Court. You must post a bond (usually equal to rent) to stay during the appeal.
Key Tennessee Statutes You Are Using
| Statute | What It Means for You |
|---|---|
| Tenn. Code Ann. § 66-28-201(a) | Your lease cannot make you give up rights the law gives you |
| Tenn. Code Ann. § 66-28-502(a) | If landlord fails to provide essential services, you can deduct costs from rent or recover damages |
| Tenn. Code Ann. § 66-28-501(a) | If landlord violates the lease or law, you can recover damages and attorney's fees after 14 days' written notice |
| Tenn. Code Ann. § 66-28-504 | Retaliatory eviction is illegal — landlord cannot evict you for exercising your rights |
| Tenn. Code Ann. § 66-28-301 | Security deposits must be held in a separate account and returned within 30 days |
Court Locations
| County | Court | Address | Phone |
|---|---|---|---|
| Shelby | General Sessions (Civil) | 140 Adams Ave, Memphis, TN 38103 | (901) 222-3400 |
| Davidson | General Sessions | 222 Second Ave N, Nashville, TN 37201 | (615) 862-5181 |
| Knox | General Sessions | 400 Main Ave, Suite 151, Knoxville, TN 37902 | (865) 215-2590 |
| Hamilton | General Sessions | 625 Georgia Ave, Chattanooga, TN 37402 | (423) 209-6700 |
Legal Aid Resources
If you need free legal help:
- West Tennessee Legal Services: (901) 523-8822 — Serves West TN counties
- Legal Aid Society of Middle Tennessee: (800) 238-1443 — Serves Middle TN
- Legal Aid of East Tennessee: (423) 756-4013 — Serves East TN
- Find more: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid
Disclaimer
This guide and the court document template are for informational purposes only and do not constitute legal advice. Laws change. Court procedures vary by county. For legal advice specific to your situation, legal advice, contact a licensed Tennessee attorney or the legal aid organizations listed above.
Jurist-Diction is not a law firm. We are not your attorney. No attorney-client relationship exists.
Templates are for informational purposes only and do not constitute legal advice.