Tennessee House Bill HB1940

Tennessee 2025-2026 Regular Session

• Introduced: 1/22/26
• Refer: 2/4/26
• Failed: 3/18/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5; Title 29, Chapter 18 and Title 66, relative to unlawful detainer actions.

Impact

The proposed changes will ensure that records of unlawful detainer actions are shielded from public disclosure once they meet the outlined criteria. This impact reflects a significant shift in how such cases are handled, aiming to protect individuals from the potential stigma and consequences that public access to these records might engender. The amendment would not apply to records that do not meet the specific conditions, maintaining a balance between public access and individual privacy rights.

Summary

House Bill 1940, introduced by Representative Johnson, aims to amend various provisions of the Tennessee Code Annotated related to unlawful detainer actions. The bill specifically seeks to create confidentiality for records pertaining to unlawful detainer cases filed on or after July 1, 2026, under certain conditions. These conditions include the case being dismissed or not pending an appeal, and a minimum of three years must have passed since the filing date, or a stipulation has been filed by all parties to agree on the confidentiality.

Contention

While supporters of HB1940 advocate for the protection of personal information and the privacy rights of individuals involved in unlawful detainer actions, there may be concerns regarding transparency and the public's right to access court records. Critics may argue that shielding these records might hinder accountability and make it difficult for the public to obtain critical information. Community discussions are likely to revolve around finding a suitable balance between ensuring privacy and maintaining public access to judicial proceedings.