What Are Your Renters Rights in Memphis, TN?

Renters’ rights in Memphis, TN are set mainly by the Uniform Residential Landlord and Tenant Act, a Tennessee law that applies in Shelby County and governs almost every residential lease in the city. It tells your landlord how to keep the property livable, limits what you can be charged in late fees, controls how your security deposit is handled, restricts when your landlord can enter, and requires a court process for every eviction. Knowing the specific rules below puts you in a far stronger position when something goes wrong.

Your Right to a Habitable Home

Your landlord has a legal duty to keep your rental in livable condition. Under Tennessee Code § 66-28-304, that means complying with building and housing codes affecting health and safety, making the repairs needed to keep the unit fit to live in, and maintaining common areas in a clean, safe condition.¹

A written agreement can shift specific repair tasks to the tenant, but only if it is made in good faith. A landlord cannot use that kind of arrangement to escape basic upkeep duties.¹

How to Get Repairs Done

Put every repair request in writing. A text or email counts, but a dated letter sent by certified mail with return receipt builds the strongest record. Describe the problem clearly and keep a copy of everything you send.

Under Tennessee Code § 66-28-501, once you deliver written notice, your landlord has 14 days to address the problem. If it is not resolved in that window, you can sue for damages, ask a court to order the repair, and recover reasonable attorney’s fees.² You can also terminate the lease, and the landlord must then return all prepaid rent and your security deposit.

When Heat, Water, Power, or Gas Fails

Loss of utility service or any other obligation that materially affects your health and safety is treated more seriously. Tennessee Code § 66-28-502 calls these “essential services.” If your landlord deliberately or negligently lets them lapse, you can give written notice and then choose one of three remedies:³

Pay for the essential service yourself and deduct the actual, reasonable cost from your rent.
Stay in the unit and recover damages based on how much the loss reduced its fair rental value.
Move into reasonable substitute housing during the landlord’s noncompliance. You owe no rent for that period and can recover the cost of the substitute housing plus attorney’s fees.

You have to show the problem was not caused by you, your family, or your guests, and you cannot stack these remedies on top of the general § 66-28-501 remedies for the same issue.³

Late Fees and the Five-Day Grace Period

Tennessee law gives you a five-day grace period before any late fee can be charged. The day rent is due counts as day one. If the fifth day falls on a Sunday or legal holiday, you have until the next business day to pay without penalty.⁴

After the grace period, the maximum late fee is 10% of the past-due rent. Any charge above that violates the statute regardless of what your lease says.⁴ This is one of the most commonly overcharged items in Memphis leases.

Security Deposit Rules

Your landlord must place your security deposit in a separate account used only for tenant deposits at a regulated bank or lending institution, kept apart from personal or business funds. At the time you sign the lease, the landlord must tell you where that account is held.⁵ Tennessee does not cap the amount a landlord can collect.

Move-Out Inspection

You have the right to request a mutual move-out inspection. If you ask, you and the landlord walk the unit together and compile a written, signed list of damage and estimated repair costs. Those signatures are conclusive evidence of the damage present at that time.⁵ If you disagree with any item, put your objections in writing before you sign.

The inspection is worth taking seriously. If the landlord later claims additional physical damage, they can only recover for damage discovered within 30 days after you vacate or within seven days after a new tenant moves in, whichever comes first.⁵

Getting the Deposit Back

If you leave owing no rent and a refund is due, the landlord must send notice of the refund amount to your last known address. If the landlord failed to keep the deposit in a proper separate account, or did not provide the required itemized damage list, they forfeit the right to keep any portion of your deposit.⁵ You can challenge deductions in General Sessions Court or Circuit Court, but your claim is limited to the specific items you disputed during the inspection or in writing.

When Your Landlord Can Enter

Your landlord cannot enter whenever they feel like it. Tennessee Code § 66-28-403 restricts entry without your consent to specific situations, and using the right of access to harass you is prohibited.⁶ Entry without consent is allowed only for:

A genuine emergency demanding immediate action.
Entry authorized by a court order.
Inspection and repair after utilities were shut off through no fault of the landlord.
An abandoned or surrendered unit.
Situations where the tenant is deceased, incapacitated, or incarcerated.
Showing the unit to prospective tenants during the final 30 days of the lease, if the lease allows it and the landlord gives at least 24 hours’ notice.

Eviction Notice Requirements

A landlord cannot change your locks or shut off your utilities to force you out. Every eviction in Shelby County must run through the court system and start with proper written notice. The required notice depends on the reason.

Nonpayment of Rent

For unpaid rent, the standard notice is 14 days in writing. If you pay the full amount owed before that window closes, the lease stays in force and the eviction stops.⁷

Watch for a trap in your lease. Tennessee law lets landlords include a waiver clause allowing them to file for eviction immediately on nonpayment, skipping the 14-day notice entirely. The waiver must be printed in 12-point bold font or larger. Even with a waiver, no late fee can be charged until the five-day grace period has passed.⁸ Read your lease closely before assuming you have two weeks to catch up.

Damage or Violent Acts

A landlord can issue a 14-day notice if the tenant, household members, or guests cause damage beyond normal wear and tear, or if someone on the premises commits a violent act or poses a real and present danger. For damage, you can cure the breach by paying for repairs before the deadline. For violent acts, there is no cure period.⁷

Other Lease Violations

For any other default, the landlord must give 30 days’ written notice before filing for eviction.⁷

Protection Against Retaliation

Tennessee Code § 66-28-514 bars a landlord from retaliating against you for exercising your rights under the URLTA. The landlord cannot raise your rent, cut services, or threaten eviction because you complained about a security deposit violation or used a URLTA remedy such as withholding rent after an essential services failure or sending a 14-day repair notice.⁹

If an eviction follows soon after you use one of these remedies, the timing itself can serve as evidence of retaliation and a defense in court. The statutory protection is narrower than many tenants assume. It covers complaints to the landlord about deposit violations and use of URLTA remedies. It does not explicitly extend to complaints filed with outside government agencies or participation in tenant organizations, though federal protections or local ordinances may apply in some situations.

Early Lease Termination for Domestic Violence Victims

If you or a household member is a victim of domestic abuse, sexual assault, or stalking, Tennessee law lets you break your lease without owing future rent or early-termination penalties. You must give your landlord three things: written notice requesting release, a mutually agreed move-out date within 30 days of that notice, and supporting documentation.¹⁰

The documentation must be either a valid order of protection issued after a hearing or evidence of a criminal charge based on a police report, and it cannot be more than 60 days old at the time you give notice. You remain responsible for rent through the end of the month in which you leave, plus any obligations already outstanding.¹⁰

Fire or Other Casualty Damage

If your unit is substantially damaged by fire or other casualty, you can leave immediately. You then have 14 days to notify your landlord in writing that you are terminating the lease. The lease ends as of the date you moved out, the landlord must return all prepaid rent and any recoverable security deposit, and rent is prorated to the date of the casualty.

If You Face Discrimination

Federal law prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability, and applies to almost all rental housing in Memphis. Narrow exemptions exist for owner-occupied buildings with four or fewer units and certain religious organizations.

If you believe a landlord has discriminated against you, you can file a complaint with the Tennessee Human Rights Commission within 180 days of the act. The Commission’s toll-free number is 1-800-251-3589, and complaints can also be filed by mail at its Nashville office. You can also file directly with the U.S. Department of Housing and Urban Development, or hire an attorney and sue in state court within one year of the discrimination. Filing with the state commission does not pause the state court deadline, so track both timelines.