Tennessee Code Annotated
Tenn. Code Ann. § 29-18-104 (2026)
Unlawful detainer defined
✓ current as of May 2026
Unlawful detainer is where the defendant enters by contract, either as tenant or as assignee of a tenant, or as personal representative of a tenant, or as subtenant, or by collusion with a tenant, and, in either case, willfully and without force, holds over the possession from the landlord, or the assignee of the remainder or reversion.
Code 1858, § 3344 (deriv. Acts 1821, ch. 14, § 5); Shan., § 5093; Code 1932, § 9247; T.C.A. (orig. ed.), § 23-1604.
Notes of Decisions
Cited in 24
cases (2 in the last 5 years), 1986–2025 · leading case: Edith Johnson v. Mark C. Hopkins, 432 S.W.3d 840 (Tenn. 2013).
Edith Johnson v. Mark C. Hopkins, 432 S.W.3d 840 (Tenn. 2013). “Tenn.Code Ann. § 29-18-104 (2012). Unlawful detainer is a statutory action unknown at common law.”
Cain P'ship, Ltd. v. Pioneer Inv. Servs. Co., 914 S.W.2d 452 (Tenn. 1996). “The complaint alleges unlawful detainer ( Tenn. Code Ann. § 29-18-104 (1980)) and seeks possession of the leased premises, incidental damages, and attorney's fees.”
Lewis v. Muchmore, 26 S.W.3d 632 (Tenn. Ct. App. 2000). “T.C.A. § 29-18-104 defines unlawful detain-er as follows: Unlawful detainer is where the defendant enters by contract, either as tenant or as assignee of a tenant, or as personal representative of a tenant, or as subtenant, or by collusion with a tenant, and, in either case,…”
Newport Hous. Auth. v. Ballard, 839 S.W.2d 86 (Tenn. 1992). “Unlawful detainer is defined in T.C.A. § 29-18-104 as where the defendant enters by contract, either as a tenant or as an assignee, or as a sub-tenant, or by collusion with a tenant, and, in either case, willfully and without force, holds over the possession from the landlord,…”
Fed. Nat'l Mortg. Ass'n v. Danny O. Daniels, 517 S.W.3d 706 (Tenn. Ct. App. 2015). “Tenn.Code Ann. § 29-18-104 (2012). When a deed of trust establishes that, in the event of a foreclosure, a landlord/tenant relationship is created between the foreclosure sale purchaser and the mortgagor in possession of the property, constructive possession is conferred on the…”
Gallatin Hous. Auth. v. Mahoganee Pelt, 532 S.W.3d 760 (Tenn. Ct. App. 2017). “1992); Tenn. Code Ann. § 29-18-104 . At the commencement of an unlawful detainer action, the plaintiff must post a bond “to pay all costs and damages which shall accrue to the defendant for the wrongful prosecution of the suit.”
Morrison v. Smith, 757 S.W.2d 678 (Tenn. Ct. App. 1988). “Tenn.Code Ann. § 29-18-104 (1980). The words “holds over possession from the landlord” means “a holding over *681 after the tenancy has ended.”
Gallatin Hous. Auth. v. Talley (In Re Talley), 69 B.R. 219 (Bankr. M.D. Tenn. 1986). “§ 29-18-104 (1980). The warrant must be properly served, and a trial held on notice.”
William Maurice West, Jr. v. Julie A. West (Tenn. Ct. App. 2021). “Interpreting Tenn. Code Ann. § 29-18-104 , -3- the courts have held that “a landlord/tenant relationship, established by contract, is the baseline requirement for maintaining an unlawful detainer action.”
Self Help Ventures Fund v. Glenna Robilio (Tenn. Ct. App. 2010). “” Tenn. Code Ann. § 29-18-104 . A landlord/tenant relationship, established by contract is required in order to maintain an unlawful detainer action.”
Fed. Nat'l Mortg. Ass'n v. Glenna Robilio (Tenn. Ct. App. 2008). “” Tenn. Code Ann. § 29-18-104 (2000). Thus, a landlord/tenant relationship, established by contract, is the baseline requirement for maintaining an unlawful detainer action.”
CitiFinancial Mortg. Co., Inc. v. Augustus Beasley (Tenn. Ct. App. 2007). “” Tenn. Code Ann. § 29-18-104 (2000). Thus, a landlord/tenant relationship, established by contract, is the baseline requirement for maintaining an unlawful detainer action.”
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