The short answer is no, a landlord cannot retaliate against you for enforcing your contractual and legal rights. That's common sense and Clients already know that when they come into our office. The real questions tenants need answers to are whether the facts of their situation make for a "good" case. While I cannot give legal advice to non-clients, here are some of the things I, as an attorney, am listening for when speaking to a tenant.

Is my landlord responsible for repairs?

A landlord is responsible for making all repairs and do whatever necessary to put and keep the premises in a fit and habitable condition. Tenants are responsible to simply keep that part of the premises the tenant occupies and uses as clean and safe as the condition of the premises when the tenant took possession.

If the tenant or tenant's guest caused the damage or defect needing repairs, it is the tenant's responsibility to report the damage to the landlord and is responsible for paying for the repairs. However, the landlord is still arguably responsible for making the repairs. 

What is the reason stated for the eviction?

Has the landlord filed a detainer warrant for the eviction or is he just demanding the tenant leave? Landlords must go through the courts to evict a tenant in Tennessee. In these situations, it is common for the landlord to intimidate the tenant rather than file a lawsuit because the landlord realizes fairly quickly they have to have a legal reason to terminate the agreement and regain possession. 

Get the landlord to put the reason in writing.

All communication between a landlord and tenant should be in writing. A tenant's repair request must be in writing stating what the necessary repairs are and that they be made timely. If a landlord keeps calling and won't stop (because they don't want to put it in writing), tenants can simply tell them they are extremely busy and would be happy to communicate via email (or text). If the communication has already occurred orally in person or over the phone, it is important to follow up that communication with an email that summarizes key facts about the communication (eg. location, date, time, statements).

If the landlord tells a tenant over the phone they are evicting them for asking for repairs, the smart thing to do is gather evidence rather than argue the landlord is wrong. Ideally, the conversation could be carried over to an email where the landlord is asked why they are being evicted. If the landlord has any common sense, it may require a recording. However, every state has unique laws on whether the recording of a conversation is criminal or not. Contact and retain an attorney before considering recording a conversation.

Can a tenant withhold rent for not making repairs? 

This is a quick way to screw things up. Many of the tenants I meet with have either already withheld rent or are considering it. You cannot withhold rent in most situations. There are a few exceptions, but trust me when I say there are very specific legal requirements you have to follow when those rare exceptions and circumstances apply. You need to hire an attorney if you are at this point.

What happens is the tenant gets frustrated and refuses to pay rent. The landlord then evicts the tenant on the basis for failure to pay rent. The tenant then complains to the court of the landlord's failure to make repairs. The court will likely inform the tenant that "two wrongs do not make a right" and grant the eviction as the landlord likely does have a legal basis. I have run into this situation numerous times and there is a possibility to try to legally navigate around it, but why put yourself in that position in the first place? 

What Can You Do? 

If you've sent the request for repairs in writing and its been over fourteen days, its probably time to call an attorney. If you retain my legal services, I will want to know your goals of whether you want to continue renting the property or terminate the lease and seek the landlord cover your damages (eg. moving expenses, utility cancellation fees, etc.) and attorney fees. As long as the proper steps are followed, the landlord is responsible for your attorney fees for failure to make repairs.

If your landlord has actually filed an eviction with the court, then it is critical you contact an attorney immediately. For my clients, the immediate step is evaluating the facts of the case to prepare a counter-complaint to sue the landlord. Every case is different and the unique facts can quickly change the strength or weakness of your position.