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Landlord and tenant laws in Memphis, United States, are governed by federal laws, state statutes of Tennessee, local ordinances of Memphis, and terms and conditions set in the lease agreement. They cover a wide range of areas such as rental payments, security deposits, health and safety regulations, eviction rules, and housing discrimination. Tenants have the right to a habitable dwelling, protection from unfair eviction, and right to privacy, while landlords have the right to receive rent in a timely manner and reclaim their property under specific conditions.
Both landlords and tenants may need a lawyer in situations that involve complex legal matters. For landlords, such situations could include eviction of troublesome tenants, property damage claims, or lease agreement disputes. Tenants might need legal assistance for cases involving illegal eviction, housing discrimination, or return of security deposit. Additionally, both parties may need legal consultation when designing the leasing agreement to ensure they are in compliance with all local and state laws.
In Memphis, landlords are required by law to make necessary repairs and maintain a habitable property. It's also mandatory for them to give at least a 30-day notice before increasing rent or other fees, and provide at least 14 days notice for eviction due to non-payment of rent. Tenants in Memphis have the right to withhold rent if the landlord fails to maintain the property or make necessary repairs. Tenants are also protected against retaliatory eviction, that is, landlords cannot evict tenants for reporting housing or safety code violations.
Landlords are required to provide a safe and habitable housing, follow local Housing and Safety codes, make necessary repairs, and respect the privacy of the tenants.
No, a landlord must provide at least 24 hours' notice before entering the rented property except in case of emergencies.
Tenants have the right to receive a formal notice of eviction and opportunity to correct the issue (like paying due rent), or in some cases, they can challenge the eviction in court.
Under Tennessee law, landlords must return the security deposit within 30 days of the termination of the lease and delivery of possession, subtracting any deductions for unpaid rent, damages beyond normal wear and tear, or any other amount specified in the lease agreement.
Yes, landlords cannot discriminate tenants based on race, color, national origin, religion, sex, family status, and disability according to the federal Fair Housing Act. The Tennessee Fair Housing Act also protects against discrimination due to age and marital status.
For additional resources, individuals can consult the Memphis Fair Housing Center or the Tennessee Human Rights Commission. The Memphis Legal Services program can help provide low-cost or free assistance for eligible individuals. In addition, the Tennessee Bar Association provides resources for lawyers specializing in landlord-tenant law.
If you need legal assistance in Landlord & Tenant law, consider first understanding your rights and obligations under the law. You may want to consult a local attorney specialized in this field. Prepare all related documents, such as lease agreements, any correspondence, receipts or any evidence that supports your case. Several legal aid services and organizations in Memphis provide free or low-cost legal help to those in need.
