[TN] Do tenants have a legal right to attend a move-out walkthrough inspection?

Lexi, Chatbot

I understand that you're concerned about tenant rights in Tennessee. Have you recently experienced a situation where a walkthrough was requested or denied?

Lexi, Chatbot

Are you currently a tenant or a landlord in this situation?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your landlord rights.

Queeneth E. Esq

Hello and welcome. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today. First I need to ask you a few questions to give you the best answer. (Kindly note that our conversation does not establish an attorney-client relationship.)

What specific concerns do you have regarding the walkthrough process as a landlord? Have you had any previous experiences with tenant walkthroughs that might influence your current situation?

Are there particular aspects of tenant rights or responsibilities that you would like to understand better in relation to this issue?

Queeneth E. Esq

Thank you for the feedback. Please allow me some time to prepare a response. I will get back to you shortly.

Queeneth E. Esq

Tennessee’s landlord–tenant law is found in the Uniform Residential Landlord and Tenant Act (URLTA). The law requires the landlord to prepare a written move-out inspection report if you plan to withhold any part of the tenant’s security deposit for damages. (TN Code § 66-28-301)

The inspection must be conducted with the tenant present if:

• The tenant asks in writing to be present, and
• The tenant attends at the scheduled time.

If the tenant notifies the landlord in writing of the tenant’s desire to be present at the move-out inspection, the landlord shall notify the tenant of the date and time when the inspection will occur… The inspection shall be conducted within four (4) days of the termination of the tenancy. (TN Code § 66-28-301(b)(2))

If the tenant has not given you written notice (email, text, or letter counts), you do not have to let him be there. If he only said verbally “I want to be there” but never wrote it down, the law doesn’t obligate you.

If he did give written notice and you refuse, you could lose the ability to withhold from the deposit — because the law ties the deposit to a proper inspection procedure. (TN Code § 66-28-301(B)(3))

If you really don’t want to see him, you can still do your own inspection, take photos, and make a report. If he never requested in writing to be present, you’re legally safe. If he did request in writing, you’ll need to at least give him the chance to attend. If he skips it, you’re covered.

Document everything: date, time, photos, your inspection notes.

Is there anything else you would like me to explain or any additional information you need? Feel free to ask.

Queeneth E. Esq

If the tenant requests in writing (email and text count), then you must give him notice of the date and time of the move-out inspection. The inspection has to happen within 4 days of the tenancy ending.

If you don’t give him the chance to attend, the consequence is you lose the right to withhold from the deposit for damages. You must return the full security deposit (minus things like unpaid rent that are not tied to property condition).

You don’t face criminal charges or fines just for refusing the walkthrough. The “penalty” is civil: you can’t use the deposit to cover damages.

If you try to deduct damages without doing the inspection properly, the tenant can sue you for the deposit and possibly attorney’s fees. Courts in TN usually side with the tenant if the landlord didn’t follow the inspection rules.

Anything else you would like me to explain or any additional information you need? Feel free to ask.