Tennessee Code Annotated
Tenn. Code Ann. § 29-18-130 (2026)
Immediate execution of writ of possession - Bond, cash deposit, or letter of credit pending appeal
✓ current as of May 2026
- (a) When judgment is rendered in favor of the plaintiff, in any action of forcible entry and detainer, forcible detainer, or unlawful detainer, brought before a judge of the court of general sessions, and a writ of possession is awarded, the same shall be executed and the plaintiff restored to the possession immediately.
- (b)
- (1) If the defendant pray an appeal, then, in that case, the plaintiff shall execute bond, with good and sufficient security, in double the value of one (1) year's rent of the premises, conditioned to pay all costs and damages accruing from the wrongful enforcement of such writ, and to abide by and perform whatever judgment may be rendered by the appellate court in the final hearing of the cause.
- (2)
- (A) If the defendant prays an appeal, then an appeal must not be allowed unless the defendant has executed bond, or posted either a cash deposit or irrevocable letter of credit from a regulated financial institution, or has provided two (2) good personal sureties with good and sufficient security in the amount of one (1) year's rent of the premises, conditioned to pay all costs and damages accruing from the failure of the appeal, including rent and interest on the judgment as provided for in this section, and has abided by and performed whatever judgment may be rendered by the appellate court in the final hearing of the cause.
- (B) The plaintiff is not required to post a bond to obtain possession if the defendant appeals without complying with this subdivision (b)(2). The plaintiff is entitled to interest on the judgment, which accrues from the date of the judgment if the defendant's appeal fails.
Amended by 2024 Tenn. Acts, ch. 755,s 4, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 817, s 1, eff. 4/8/2022.
Acts 1869-1870, ch. 64, § 1; 1871, ch. 65; impl. am. 1879, ch. 23, § 1; Shan., § 5110; mod. Code 1932, § 9265; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1632; Acts 1983, ch. 232, § 1.
Notes of Decisions
Cited in 28
cases (4 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). “§ 29-18-130. The appeal bond provision of the unlawful detainer statute has evolved considerably over time.”
Kirkland Sturgis v. Donna Smith Thompson, 415 S.W.3d 843 (Tenn. Ct. App. 2011). “As we do not address Thompson’s right to retain possession of the property during the appeal, we do not address Section 29-18-130. 5 . Rule 29 of the Tennessee Supreme Court Rules provides that if a judge determines that a litigant is not eligible to proceed under a pauper’s…”
Wells Fargo Bank, NA v. Marcus Dorris, 556 S.W.3d 745 (Tenn. Ct. App. 2017). “21, 2017) (citing Tenn. Code Ann. § 29-18-130 (b)(1)) (“Once a defendant files a notice of appeal, the plaintiff cannot execute the writ of possession without first posting a bond for ‘double the value of one (1) year’s rent of the premises,’ all costs and damages associated…”
Gallatin Hous. Auth. v. Mahoganee Pelt, 532 S.W.3d 760 (Tenn. Ct. App. 2017). “Tenn. Code Ann. § 29-18-130 (a). Ms. Pelt argues, however, that Rule 62.”
Newport Hous. Auth. v. Ballard, 839 S.W.2d 86 (Tenn. 1992). “§ 29-18-128 through § 29-18-130 do not impose any unreasonable or irrational burdens upon parties seeking to appeal an adverse decision from the general sessions court.”
Gallatin Hous. Auth. v. Talley (In Re Talley), 69 B.R. 219 (Bankr. M.D. Tenn. 1986). “§ 29-18-130 (Supp.1986). In the alternative, the tenant may attack the landlord’s judgment by cer-tiorari and remain in possession by posting bond.”
Belgravia Square, LLC v. Melvin White (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 29-18-130 (b)(2). The trial court dismissed the appeal finding that, in the absence of the required bond, it had no subject matter jurisdiction to hear the case.”
Jonathan M. Thomas v. Kevin Millen (Tenn. Ct. App. 2019). “May 27, 2008) (“To the extent the Trial Court construed and applied Tenn. Code Ann. § 29-18-130 (b)(2) as requiring Tenant to post a bond in the amount specified as a condition of prosecuting the appeal, it committed 3 The Rentals opinion specifically disavowed an earlier…”
Crye-Leike Prop. Mgmt. v. Nedra Drayton (Tenn. Ct. App. 2016). “” Thus, the trial court found that Appellant, “having failed to post a bond as required by Tenn. Code Ann. § 29-18-130 ,” had not perfected her appeal of the detainer warrant.”
Josh Boyd v. William Chad Finchum (Tenn. Ct. App. 2025). “” Tenn. Code Ann. § 29-18-130 (b)(2)(A) (emphasis added).”
Ridgeview Partners, LLC d/b/a Ravelle at Ridgeview v. Michelle Okoreeh-Baah Keister (Tenn. Ct. App. 2025). “See Tenn. Code Ann. § 29-18-130 (a). 2 Although Ms.”
Swanson Developments, LP v. Bill Trapp & Jim Olsen, Individually, & d/b/a Paksource a/k/a Parksource (Tenn. Ct. App. 2008). “In Circuit Court plaintiff contended that defendants should have given an appeal bond as specified in Tenn. Code Ann. § 29-18-130 and asked the Circuit Court to dismiss the appeal.”
— Tenn. Code Ann. § 29-18-130(B)(2) — 1 case
Pledged Prop. II, LLC v. Maurice Morris (Tenn. Ct. App. 2013).
— Tenn. Code Ann. § 29-18-130(a) — 2 cases
Edith Johnson v. Mark C. Hopkins, 432 S.W.3d 840 (Tenn. 2013). “§ 29-18-130. The appeal bond provision of the unlawful detainer statute has evolved considerably over time.”
Gallatin Hous. Auth. v. Mahoganee Pelt, 532 S.W.3d 760 (Tenn. Ct. App. 2017). “Tenn. Code Ann. § 29-18-130 (a). Ms. Pelt argues, however, that Rule 62.”
— Tenn. Code Ann. § 29-18-130(b) — 2 cases
Belgravia Square, LLC v. Melvin White (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 29-18-130 (b)(2). The trial court dismissed the appeal finding that, in the absence of the required bond, it had no subject matter jurisdiction to hear the case.”
Jonathan M. Thomas v. Kevin Millen (Tenn. Ct. App. 2019). “May 27, 2008) (“To the extent the Trial Court construed and applied Tenn. Code Ann. § 29-18-130 (b)(2) as requiring Tenant to post a bond in the amount specified as a condition of prosecuting the appeal, it committed 3 The Rentals opinion specifically disavowed an earlier…”
— Tenn. Code Ann. § 29-18-130(b)(1) — 4 cases
Wells Fargo Bank, NA v. Marcus Dorris, 556 S.W.3d 745 (Tenn. Ct. App. 2017). “21, 2017) (citing Tenn. Code Ann. § 29-18-130 (b)(1)) (“Once a defendant files a notice of appeal, the plaintiff cannot execute the writ of possession without first posting a bond for ‘double the value of one (1) year’s rent of the premises,’ all costs and damages associated…”
Rosheay Ragland & wife, Theresa Ragland v. Oakland Deposit Bank (Tenn. Ct. App. 2012).
Elizabeth Bailey v. Mary Taylor & Mary Taylor v. Elizabeth Bailey (Tenn. Ct. App. 2008).
Mid-State Trust, IV v. Randall W. Swift (Tenn. Ct. App. 1997).
— Tenn. Code Ann. § 29-18-130(b)(2) — 16 cases
Edith Johnson v. Mark C. Hopkins, 432 S.W.3d 840 (Tenn. 2013). “§ 29-18-130. The appeal bond provision of the unlawful detainer statute has evolved considerably over time.”
Kirkland Sturgis v. Donna Smith Thompson, 415 S.W.3d 843 (Tenn. Ct. App. 2011). “As we do not address Thompson’s right to retain possession of the property during the appeal, we do not address Section 29-18-130. 5 . Rule 29 of the Tennessee Supreme Court Rules provides that if a judge determines that a litigant is not eligible to proceed under a pauper’s…”
Gallatin Hous. Auth. v. Mahoganee Pelt, 532 S.W.3d 760 (Tenn. Ct. App. 2017). “Tenn. Code Ann. § 29-18-130 (a). Ms. Pelt argues, however, that Rule 62.”
Jonathan M. Thomas v. Kevin Millen (Tenn. Ct. App. 2019). “May 27, 2008) (“To the extent the Trial Court construed and applied Tenn. Code Ann. § 29-18-130 (b)(2) as requiring Tenant to post a bond in the amount specified as a condition of prosecuting the appeal, it committed 3 The Rentals opinion specifically disavowed an earlier…”
Belgravia Square, LLC v. Melvin White (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 29-18-130 (b)(2). The trial court dismissed the appeal finding that, in the absence of the required bond, it had no subject matter jurisdiction to hear the case.”
— Tenn. Code Ann. § 29-18-130(b)(2)(A) — 1 case
Ridgeview Partners, LLC d/b/a Ravelle at Ridgeview v. Michelle Okoreeh-Baah Keister (Tenn. Ct. App. 2025). “See Tenn. Code Ann. § 29-18-130 (a). 2 Although Ms.”
— Tenn. Code Ann. § 29-18-130(b)(l) — 1 case
Edith Johnson v. Mark C. Hopkins, 432 S.W.3d 840 (Tenn. 2013). “§ 29-18-130. The appeal bond provision of the unlawful detainer statute has evolved considerably over time.”
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