Landlords in Memphis must follow strict rules to protect tenants and avoid legal issues. Knowing what a landlord cannot do is essential for property owners to remain compliant, maintain positive tenant relationships, and avoid costly disputes. Ignoring these regulations can lead to fines, legal action, and damage to a property’s reputation.
Local laws and federal protections establish clear leasing restrictions that landlords must observe. These rules cover areas such as tenant selection, privacy, security deposits, harassment, and maintaining safe, habitable units. Understanding these limitations ensures that landlords act fairly and legally in every aspect of property management.
At Reedy & Company, we leverage over 40 years of experience managing thousands of Memphis rental properties to help landlords navigate these regulations confidently. In this blog, we will explore common mistakes and prohibited actions, explain the rights tenants have, and provide practical guidance for operating within the law while protecting both property and tenant interests.
Illegal Discrimination Against Tenants
Landlords cannot discriminate against tenants or prospective renters based on:
- Race
- Color
- Religion
- Sex
- Familial status
- Disability
- National origin
Memphis landlords must comply with both federal and local fair housing laws, including the Fair Housing Act, which prohibits discriminatory practices in all aspects of renting. Violating these laws can result in fines, legal action, and reputational damage, making compliance essential for any property owner.
Discrimination can take many forms, from overt denial of housing to subtle practices that disadvantage certain groups. For example, refusing to rent to a family with children or imposing different lease terms based on nationality is illegal. Penalties for violating these laws can include damages to the tenant, civil fines, and in severe cases, legal action brought by the Department of Housing and Urban Development (HUD).
Advertising and Tenant Selection
Landlords must avoid biased or exclusionary language in property listings. Words or phrases that indicate a preference or limitation based on protected characteristics, such as “no children” or “ideal for single professionals,” are prohibited.
Consistency in tenant selection criteria is also critical. All applicants should be evaluated using the same standards, including income verification, credit checks, and rental history. Applying different criteria to different groups can constitute illegal discrimination, even if unintentional.
Handling Requests for Accommodations
Landlords are required to make reasonable accommodations for tenants with disabilities. This may include allowing service animals, modifying unit features for accessibility, or adjusting policies to meet specific needs.
Examples of accommodations include installing grab bars in bathrooms, providing reserved parking for disabled tenants, or permitting assistive devices that would normally be restricted. Denying such requests without valid justification can be considered discriminatory and may lead to legal consequences.
Understanding what a landlord cannot do regarding discrimination is essential for compliance and maintaining trust with tenants. At Reedy & Company, we help property owners implement fair policies, follow federal and local laws, and provide guidance on advertising, tenant selection, and accommodations.
By adhering to these rules, landlords can protect their properties, support Memphis tenant rights, and avoid costly legal issues.
Violating Tenant Privacy Rights
Landlords cannot enter rental units without giving tenants proper notice. Respecting tenant privacy is a legal requirement in Memphis, and ignoring it can lead to disputes, fines, or legal action. Tenants have the right to quiet enjoyment of their home, and landlords must follow rules when accessing a unit.
Required Notice Periods
In Memphis, landlords must provide advance notice before entering a rental unit for inspections, repairs, or showings. Typically, 24 hours’ notice is expected, although leases may specify longer periods. Emergency situations, such as a water leak or fire, allow immediate access, but routine visits require proper notification.
Notice should be in writing whenever possible, clearly stating the date, time, and purpose of the visit. Following these guidelines helps prevent misunderstandings and ensures tenants feel respected.
Failing to provide adequate notice can be considered a violation of tenant rights and may expose landlords to complaints or legal penalties.
Unauthorized Surveillance
Landlords must also be careful with cameras or other monitoring devices in or around rental units. Surveillance in private areas such as bedrooms or bathrooms is strictly prohibited. Cameras in common areas like hallways or entryways are allowed, but tenants must be informed.
Using hidden cameras or monitoring units without consent is illegal and can result in significant penalties. Transparency is essential. Landlords should disclose any video monitoring in lease agreements and ensure that the purpose is limited to safety or security, not invading tenant privacy.
By following proper notice rules and avoiding unauthorized surveillance, landlords protect tenant rights and reduce the risk of disputes. At Reedy & Company, we guide property owners through privacy requirements, helping them manage properties professionally and in compliance with Memphis laws. Proper adherence to these rules creates trust, keeps tenants satisfied, and ensures smooth property management.
Improper Handling of Security Deposits
Security deposits must be handled according to Tennessee law. Landlords who fail to follow legal requirements risk disputes, fines, or lawsuits. Proper handling protects both the tenant’s rights and the landlord’s interests.
Holding Deposits
In Tennessee, landlords are required to keep security deposits in a separate account from personal or business funds. Mixing deposits with operating accounts can be considered illegal and may lead to penalties.
Landlords must also provide tenants with a receipt or written acknowledgment of the deposit. This documentation should include the:
- Amount paid
- Purpose of the deposit
- Date it was received
Proper record-keeping helps prevent disputes and ensures transparency in the landlord-tenant relationship.
Returning Deposits
Tennessee law sets clear rules for returning security deposits at the end of a lease. Landlords must return the deposit within 30 days after the tenant vacates, minus any deductions for unpaid rent, damages beyond normal wear and tear, or other legitimate charges specified in the lease.
If deductions are made, landlords must provide an itemized list explaining the costs. Failing to return deposits on time or withholding funds without justification can lead to legal action and potential penalties, including repayment of the full deposit and additional damages.
We help property owners manage security deposits correctly, ensuring compliance with Tennessee law. Proper handling reduces disputes, protects rental income, and promotes positive relationships with tenants while keeping properties in line with local regulations.
Harassment and Retaliation
Landlords cannot harass tenants or retaliate against them for making complaints or asserting their rights. Harassment and retaliation are illegal under Tennessee law and can result in fines, legal action, or damages awarded to tenants. Protecting tenants from these actions is essential for maintaining a safe and lawful rental environment.
Examples of Harassment
Harassment can take many forms. Repeated unannounced visits to a rental unit, making threats, or cutting off essential services such as water, heat, or electricity are all considered harassment. Even subtle actions intended to pressure or intimidate a tenant can fall under this category.
Landlords should avoid behavior that could make tenants feel unsafe or coerced. Maintaining professional conduct and clear communication prevents allegations of harassment and helps foster a respectful landlord-tenant relationship.
Retaliation Protection
Tenants are protected from retaliation if they report health or safety concerns, code violations, or exercise other legal rights. For example, if a tenant files a complaint with the local housing authority about unsafe conditions, the landlord cannot respond by:
- Increasing rent
- Reducing services
- Attempting to evict the tenant
Retaliation is prohibited for any legally protected action and can lead to legal consequences for the landlord. Landlords should document all communications and actions to demonstrate that their behavior is lawful and professional. Following rules around harassment and retaliation ensures tenants feel secure in their homes and prevents costly disputes.
Failing to Maintain a Safe and Habitable Property
Landlords must provide functioning utilities, safe structures, and pest-free conditions. A rental unit that is unsafe or poorly maintained violates tenant rights and local laws. Failing to keep a property in good condition can lead to complaints, fines, or legal action. Tenants have the right to live in a safe and habitable home, and landlords are responsible for making sure that standard is met.
Repairs and Maintenance Obligations
Landlords must respond promptly to repair requests from tenants. Essential issues such as plumbing leaks, broken heating or cooling systems, or electrical problems should be addressed quickly. Delaying repairs can put tenants at risk and create liability for the landlord.
Even minor maintenance, like fixing door locks or lighting, should be handled in a timely manner. Keeping a clear record of repair requests and completed work helps demonstrate compliance and protects landlords from disputes.
Health and Safety Violations
Landlords are also responsible for following local health and safety codes. This includes ensuring the property is free of mold, pests, and other hazards. Smoke detectors, fire extinguishers, and secure railings must be installed and maintained.
Code violations can result in inspections, fines, or orders to correct the issues. Tenants may also have the right to withhold rent or take legal action if problems are not addressed.
Regular inspections and preventive maintenance help landlords identify potential problems before they become serious. Addressing repairs quickly and keeping the property in good condition not only protects tenants but also preserves the value of the rental unit.
Frequently Asked Questions
Can A Landlord Enter My Unit Without Notice?
No. Landlords must provide proper notice before entering a rental unit in Memphis. As noted above, 24 hours’ notice is typically required for inspections, repairs, or showings, except in emergencies like fires or severe leaks. Entering without notice violates tenant privacy rights and may lead to complaints or legal action.
What Constitutes Landlord Harassment?
Harassment includes repeated unannounced visits, threats, or cutting essential services such as water, heat, or electricity. Even subtle actions meant to intimidate tenants can count as harassment. Landlords must maintain professional conduct and follow legal rules to avoid violations.
Can A Landlord Retaliate If I Complain?
No. Retaliation against tenants who report health, safety, or code violations is illegal.
As noted above, landlords cannot increase rent, reduce services, or attempt eviction in response to a tenant complaint. Retaliation protections ensure tenants can report problems without fear of punishment.
How Should Security Deposits Be Handled?
Security deposits must be kept in a separate account and documented with receipts. At lease end, deposits must be returned within 30 days, minus any legitimate deductions for damages or unpaid rent. Failing to follow these rules can result in legal penalties.
What Are Landlord Responsibilities For Repairs?
Landlords must respond promptly to maintenance requests. Essential repairs, including plumbing, electrical, and heating issues, must be addressed quickly. Delaying repairs can lead to tenant complaints, fines, or legal action.
Are There Rules About Pest Control?
Yes; Landlords must provide a pest-free environment. Regular inspections and timely treatment for issues like rodents, insects, or mold are required. Neglecting these responsibilities can violate local health and safety codes.
Can Landlords Discriminate Against Tenants?
No. Landlords cannot discriminate based on race, color, religion, sex, familial status, disability, or national origin. This includes advertising, tenant selection, and handling requests for accommodations.
Violations can result in fines and legal action under the Fair Housing Act.
What Happens If A Landlord Violates Local Codes?
Code violations can result in inspections, fines, and mandatory repairs. Serious or repeated violations may also give tenants the right to withhold rent or pursue legal remedies. Staying compliant protects both tenants and landlords.
Are Landlords Required To Maintain Smoke Detectors and Safety Features?
Yes. Landlords must install and maintain smoke detectors, fire extinguishers, secure railings, and other safety measures. Failure to do so can be considered a health and safety violation, with potential penalties.
What a Landlord Cannot Do in Memphis
In summary, knowing what a landlord cannot do is essential for protecting Memphis tenant rights and avoiding legal problems. Following clear property management rules ensures that tenants feel safe, respected, and fairly treated, while landlords maintain a positive reputation and stable rental income. From handling security deposits properly to avoiding harassment, discrimination, or unauthorized entry, every action matters.
At Reedy & Company, we guide property owners through these rules, helping them stay informed and manage their properties professionally. Reviewing local laws and implementing best practices with our support protects your investment and fosters strong, long-term relationships with tenants.
