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Updated almost 9 years ago on . Most recent reply

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Lindsay Repp
  • Investor
  • Youngstown, OH
7
Votes |
27
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Tennessee Tenant Responsibilities!

Lindsay Repp
  • Investor
  • Youngstown, OH
Posted

Hello BP community! I have recently moved to Memphis Tennessee and am on the opposite end of the lease for the first time. I am renting a condo (not sure if the landlord tenant laws change with dwelling type), in which i have a leaky bathroom sink. I informed my landlord to which he directed me to the section of the lease stating he only repairs heating a/c and the roof. All other maintenance is up to the tenant. I have rentals in Ohio which my lease says basically the same thing but I maintain the properties. Is this the norm in Memphis or is he trying to avoid any repairs? 

All comments welcome! 

Thank you for reading 

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1,451
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Alex Craig
  • Real Estate Professional
  • Memphis, TN
1,544
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1,451
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Alex Craig
  • Real Estate Professional
  • Memphis, TN
Replied

Below is an exert from the Uniform Residential Landlord and Tenant Act. Below can be subject to interpretation, but my attorney and local code would agree that if the landlord provides it, he must maintain it. In other words, just because the lease says it, doesn't make it law.  We recently had a tenant call code on us for him having roaches and our lease says tenant is responsible for pest control.  Code didn't care that the tenant was likely the cause for the roaches considering we did a complimentary spray upon occupancy and we did not see any bugs the 21 days the home was vacant.  Your landlord must be a rookie, a good landlord will fix those items for several reasons, but most important, to take care of their unit and keep the tenant happy so that they will not know.  Also, a experience landlord does not want code coming as they will find other things wrong too. 

I would work it out with the landlord and ask him to do the repairs in accordance to the landlord law. Maybe say you saw that part of the lease and since you are not from here, you read the landlord act and figured that may have been a mistake. If he refuses, just call code on him.

Uniform Residential Landlord and Tenant Act Part 3 Landlord Obligations - 

66-28-304. Maintenance by landlord.

(a) The landlord shall: (1) Comply with requirements of applicable building and housing codes materially affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition - See more at: https://www.tn.gov/lawsandpolicies/article/66-28-3...

  • Alex Craig
  • 901-848-9028

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