§ 29-18-130 — Immediate execution of writ of possession - Bond, cash deposit, or letter of credit pending appeal

(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.

Legislative History

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.