Landlord Compliance Checklist: From Screening to Notices

Key Takeaways
  • Screen every occupant 18 and older using consistent criteria, including credit, criminal history, income, employment, eviction history, and landlord references.
  • Provide required Tennessee notices in writing and maintain proof of delivery, including the 14-day notice for nonpayment.
  • Hold security deposits, document deductions, and provide the required written accounting after move-out.
  • Use a written lease that complies with Tennessee law, clearly states fees and responsibilities, and is signed before move-in.

Managing a rental property from a distance can be challenging without the added risk of a compliance mistake. Memphis landlords must navigate Tennessee's Uniform Residential Landlord and Tenant Act (URLTA), eviction procedures, and local code requirements.

This checklist from Reedy & Company Realtors covers major compliance steps from tenant screening through move-out, helping rental owners establish consistent procedures and reduce avoidable disputes.

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Screen Occupants Consistently

Tenant screening should follow written criteria applied consistently to every applicant. Inconsistent screening can create fair housing concerns and make it difficult to defend a decision later.

For occupants 18 and older, collect the information needed to verify identity, income, employment, rental history, and other screening criteria. Screening may include credit, criminal background, eviction history, and landlord references, but avoid questions that reveal protected characteristics.

Establish consistent minimum requirements before advertising the property and document the screening process and retain relevant records according to your recordkeeping policy.

Provide Disclosures

Before signing a lease, provide required disclosures and clearly explain the terms of the tenancy. Depending on the property and circumstances, these may address:

  • Owner or property manager contact information.
  • Where rent and notices should be sent.
  • Property address and basic unit information.
  • Lease term and rent amount.
  • Late fees and other charges.
  • Security deposit requirements.
  • Lead-based paint disclosures for applicable properties.
  • Mold and mildew information.
  • Tenant rights and responsibilities under Tennessee law.

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Keep signed copies of required disclosures with the lease file. If you are uncertain which disclosures apply, consult a qualified Tennessee real estate attorney or property management professional.

Use a Written Lease

A detailed written lease establishes the terms of the tenancy and provides a clear reference if a dispute occurs. It should identify the occupants, property, lease term, rent, due date, security deposit, applicable fees, utility responsibilities, pet and parking policies, maintenance responsibilities, and restrictions on subleasing or assignment.

The lease should also acknowledge required disclosures and avoid provisions that conflict with Tennessee law or URLTA.

Have all adult occupants sign before move-in and retain the executed agreement. Reedy & Company uses a documented application and leasing process designed to address required Tennessee disclosures and lease terms.

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Register the Property and Address Code Violations

Memphis and Shelby County rental owners may have registration and code compliance obligations through the Office of Code Enforcement. Keep registration information current and respond promptly to inspection or violation notices.

Common property issues can include deteriorated structures, broken windows, overgrown vegetation, debris, pest problems, and other conditions affecting safety or neighborhood standards. If you receive a violation, follow the deadline and instructions provided by the enforcement agency to correct or appeal the issue.
Ignoring violations can lead to additional penalties and other problems with the property's compliance status.

Handling Nonpayment

Follow the lease when collecting rent and addressing missed payments. If rent is not paid, Tennessee law generally requires a written 14-day notice giving the tenant an opportunity to pay the amount owed or vacate before an eviction action for nonpayment can proceed.

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The notice should clearly identify the amount owed and the deadline for payment or possession. Maintain proof that the notice was properly served.
If the tenant does not resolve the issue within the applicable period, the owner may pursue an eviction through the appropriate court. Do not use self-help measures such as changing locks, removing belongings, or shutting off utilities. Follow the formal legal process and seek legal advice when necessary.

Handling Security Deposits

Security deposits should be handled separately from operating funds, as required by Tennessee law. At move-out, inspect the property and document damage beyond normal wear and tear with photographs and written records.

If deductions are made, provide the required written accounting identifying the deposit, deductions, reasons for the charges, and amount being returned. Send the statement and refund as required to the tenant's last known or properly provided forwarding address.

Maintain copies of the inspection documentation, accounting, and communications in the property file. This helps support legitimate deductions and reduces disputes.

Proper Notice for Entry

Give tenants the notice required by Tennessee law before entering the property, except when an emergency or another legally recognized exception applies. Entry may be necessary for repairs, inspections, or showing the property to prospective tenants or buyers.

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Keep the purpose and timing of the entry clear and avoid unreasonable or unauthorized access. Document notices and completed inspections as part of the property's management records.

Proper Notice When Ending a Tenancy

When ending a tenancy, provide the written notice required by the lease and Tennessee law. The notice should clearly state the applicable end date and when the tenant must vacate.

If a tenant remains after the lawful tenancy ends, the owner may need to pursue a holdover eviction through the court rather than attempting to remove the tenant independently. Keep copies of the notice and proof of service.

Property Maintenance and Repairs

Landlords are responsible for maintaining rental properties in a habitable condition and addressing necessary repairs. Establish a system for receiving, prioritizing, and documenting maintenance requests.

Emergency issues require prompt attention, while routine repairs should be addressed within a reasonable period based on their severity. Keep records of tenant requests, vendor communications, invoices, and completed work.

Preventative maintenance can also reduce unexpected expenses by avoiding the development of urgent problems.

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Bottom Line

Rental compliance is easier to manage when owners follow a consistent, documented process. Proper documentation helps reduce legal and financial risk.

For owners who do not have the time or expertise to manage these requirements themselves, Reedy & Company Realtors provides property management services across the Memphis metro to help owners stay organized while handling the daily responsibilities of rental ownership.

Frequently Asked Questions

What Fair Housing Laws Apply to Landlords in Memphis?

Memphis landlords are subject to the federal Fair Housing Act, which prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability. These protections apply to advertising, tenant screening, leasing, and the terms and conditions of tenancy.

Establish written screening criteria before marketing the property and apply those standards consistently to every applicant.

What Are the Consequences of Failing to Provide Proper Disclosures to Tenants?

Missing required disclosures can create disputes over the lease and may weaken an owner's position when enforcing its terms. The consequences depend on the disclosure involved and the circumstances of the tenancy. Identify which federal, state, and local disclosures apply before a lease is signed and retain proof that they were provided.

For example, federal law requires applicable lead-based paint disclosures for certain pre-1978 housing. Because disclosure requirements can vary, owners should consult current Tennessee law or qualified legal counsel when uncertain.

What Are the Penalties for Self-Help Eviction Tactics?

Landlords should not attempt to remove a tenant by changing the locks, shutting off utilities, removing belongings, or otherwise bypassing the court process. These actions can expose an owner to legal claims, financial liability, and additional complications. Instead, follow Tennessee's notice and court procedures and obtain legal guidance when necessary.

What Clauses and Terms Should Be Included in Every Lease Agreement?

A lease should clearly identify the property and occupants and establish the rent, due date, lease term, security deposit, applicable fees, utility responsibilities, maintenance obligations, pet and parking rules, and restrictions on subleasing or assignment. It should also address required disclosures and avoid provisions that conflict with Tennessee law.

Owners should have all adult occupants sign the lease before move-in and keep the fully executed agreement with the property's records. A standardized lease reviewed for Tennessee compliance can help reduce ambiguity and make enforcement easier.

How Should Memphis Landlords Handle Property Code Violations?

Owners should respond promptly to notices from Memphis Code Enforcement and follow the correction deadline or appeal process provided. The city's Code

Enforcement Department enforces housing standards covering issues such as structural defects and other conditions that can affect the safety and condition of residential properties. Maintaining the property proactively can also reduce the likelihood of violations.

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