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HB 1940

Landlord and Tenant - As introduced, states that unlawful detainer actions are confidential and shielded from public inspection if the action was filed on or after July 1, 2026, the case was dismissed by the court or a party, an appeal is not pending in the case, and three years have passed since the date the action was filed or the parties have agreed in writing to shield the records from public disclosure. - Amends TCA Title 10, Chapter 7, Part 5; Title 29, Chapter 18 and Title 66.

114th Regular Session (2025-2026)

Tennessee bill seals dismissed eviction records from public view after three years or mutual consent, balancing tenant privacy against landlord access to rental history.

Failed in s/c Business and Utilities Subcommittee of Commerce Committee
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Bill Summary · HB 1940

Legislative bill overview

HB 1940 makes unlawful detainer (eviction) court cases confidential and sealed from public view under specific conditions: the case was filed after July 1, 2026, was dismissed, has no pending appeals, and either three years have passed since filing or both parties consent to sealing. The bill modifies Tennessee's public records laws governing landlord-tenant disputes.

Why is this important

Eviction records are currently public information that employers, landlords, and others routinely access when screening tenants or employees. Sealing these records could improve housing stability and employment prospects for people facing dismissed eviction cases, but it also removes transparency from the rental market and may limit information available to property owners conducting tenant screening.

Potential points of contention

  • Privacy vs. transparency trade-off: Sealed records protect individuals from eviction stigma, but prevent future landlords from accessing relevant tenant history, potentially shifting risk to property owners
  • Three-year waiting period: The requirement to wait three years before automatic sealing may still leave records visible during crucial housing search windows, limiting practical benefit for some
  • Scope of "dismissal": Unclear whether dismissals include cases dropped for technical reasons versus those showing tenant non-fault, creating inconsistent privacy outcomes

Compiled from official sources — confirm details with the bill’s official record.

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