Tennessee § 29-18-130 - Immediate execution of writ of possession — Bond pending appeal.

§ 29-18-130. Immediate execution of writ of possession — Bond pending appeal.

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. 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. In cases where the action has been brought by a landlord to recover possession of leased premises from a tenant on the grounds that the tenant has breached the contract by failing to pay the rent, and a judgment has been entered against the tenant, subdivision (b)(1) shall not apply. In that case, if the defendant prays an appeal, the defendant shall execute bond, or post either a cash deposit or irrevocable letter of credit from a regulated financial institution, or provide 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 herein, and to abide by and perform whatever judgment may be rendered by the appellate court in the final hearing of the cause. The plaintiff shall not be required to post a bond to obtain possession in the event the defendant appeals without complying with this section. The plaintiff shall be entitled to interest on the judgment, which shall accrue from the date of the judgment in the event the defendant's appeal shall fail. 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. Textbooks. Tennessee Jurisprudence, 13 Tenn. Juris., Forcible Entry and Detainer, § 17. Law Reviews. Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983). Tennessee and the Installment Land Contract: A Viable Alternative to the Deed of Trust, 21 Mem. St. U.L. Rev. 551 (1991). Attorney General Opinions. Enforcement, utility disconnection, OAG 90-26 (2/27/90). Cited: Barrasso v. Tennessee Brewing Co., 1 Tenn. Civ. App. (1 Higgins) 662 (1911); Pan-Am Southern Corp. v. Cummins, 156 F. Supp. 673, 1957 U.S. Dist. LEXIS 2844 (D. Tenn. 1957); In re Talley, 69 B.R. 219, 1986 Bankr. LEXIS 4788 (Bankr. M.D. Tenn. 1986).