According to ZipRecruiter.com, the average annual pay of Tennessee landlords is $75,608 yearly. In Memphis, that amount increases to $85,718, or over $10,000 more!
So, if you have an empty property in the Home of the Blues, consider renting it to generate extra income. But before you do, it pays to understand Memphis rental laws and landlord responsibilities first.
One such responsibility is to know the answer to the question, “Can a landlord enter without permission?” The simple answer is yes, but only under certain conditions.
In this guide, the property management experts at Reedy & Company will discuss tenant privacy and landlord access rights in Memphis, TN.
When Can a Landlord Enter Without Permission in Memphis, TN?
Tennessee Code Title 66 Chapter 28, or the “Uniform Residential Landlord and Tenant Act,” governs landlord-tenant relationships in the state. The website Casetext provides an easy-to-navigate breakdown of the act that you can use as a reference.
Under this act, three sections outline when a landlord can enter the premises without permission or consent from the tenant:
- Section 66-28-403
- Section 66-28-506
- Section 66-28-507(b)
Section 66-28-403
Under this section, landlords in Tennessee, including Memphis, may legally enter their rental properties without tenant consent for the following reasons:
- There’s an emergency
- The utilities got turned off (and it’s not the fault of the landlord)
- The landlord has obtained a court order
- The tenant abandoned or surrendered the property
- Incapacitation, incarceration, or death of the tenant
What Are Emergencies Under Tennessee Law?
Tennessee Code Section 66-28-403 law defines an “emergency” as anything “sudden” or “generally unexpected occurrence or set of circumstances” requiring immediate action. A perfect example is a burst plumbing pipe; it’s an emergency because it can cause indoor flooding and water damage. Per the Insurance Institute Information (III), water damage costs billions of dollars annually in losses.
Other examples of emergencies are:
- Fires
- Floods
- Electrical hazards
- Storm damage
In those scenarios, Memphis landlords can enter the premises without prior tenant property repair notice and consent.
Shut Down of Utilities
If a utility, such as electricity, gas, or water, shuts down, and it’s not the landlord’s fault, they can enter the premises without prior tenant repair and inspection notice. For example, they know and have proof that they have already paid for these services. In this case, the landlord has the right to access the property to inspect for and repair damages that may have caused the utility to turn off.
Section 66-28-506
Suppose you’ve just finished conducting a routine inspection of your Memphis property. During the assessment, you discovered that your tenant failed to perform their maintenance obligations under Tennessee Code Section 66-28-401. As a result of the breach, they compromised the rental’s health and safety.
Let’s also say that repairs or replacements are available to remedy the problem. If it’s an emergency, the tenant must correct the breach as promptly as possible. If it’s not an emergency, per Tennessee Code Section 66-28-506, you must give the tenant a 14-day notice identifying the breach and asking the tenant to fix the problem.
If the tenant fails to comply within the provided time, you can enter the property without additional notice to remedy the problem. Remember to prepare an itemized bill of your costs; you need this to make your tenant pay for the repairs.
Section 66-28-507(b)
Tennessee Code Section 66-28-404 gives landlords the right to require tenants to notify them of extended absences from the rentals for periods of over seven days. If you decide to enforce this, you must include it in the rental agreement and require the tenant to give you the notice on or before day 1 of their absence.
If the tenant fails to notify you or their absence exceeds seven days, you can enter the property without their consent, per Tennessee Code Section 66-28-507(b).
What Happens if a Landlord Illegally Enters Without Permission?
One of the many tenant rights in Memphis is the right to the quiet enjoyment of the rental property. Tenants must be able to live peacefully and enjoy the use of the property in privacy. Their landlords must not bother or harass them by repeatedly demanding entry to the property.
Landlords who commit those acts and enter the rental unlawfully violate Tennessee Code Section 66-28-513. Under this law, tenants can obtain injunctive relief or terminate the lease agreement. They can also pursue their landlord in court and demand actual damages and reimbursement of attorney’s fees.
A Note on Injunctive Relief
Injunctive relief, also called an injunction, is a legal process requiring someone to do or refrain from doing something. A tenant can obtain this when a landlord demands unreasonable or disruptive access to the property. It can require a landlord to stop demanding access to the dwelling or harassing the tenant.
Conversely, a landlord can obtain an injunction against a tenant who unreasonably denies access to the property. In this case, the court may legally require or compel the tenant to permit the landlord to enter the premises.
What if the Tenant Denies Access to the Property?
Besides the abovementioned situations, landlords must ask tenants permission to access the property. However, that doesn’t mean they’ll readily give you consent.
Under Tennessee Code Section 66-28-403, tenants can’t withhold unreasonable consent to the landlord for:
- Property inspections, repairs, maintenance, or improvements
- Provision of necessary or agreed-upon services
- Property showings to buyers or prospective tenants
So, if you’ve had to ask your tenant multiple times permission to enter your property because they denied you each time, know that what they’ve done is against the law. You can obtain injunctive relief or terminate the lease agreement. You can also pursue your tenant in court, requiring them to pay damages and attorney’s fees.
Understand Memphis Landlord Access Rights and Responsibilities
Now you know the answer to the question, “Can a landlord enter without permission in Memphis, TN?” is yes. However, they must still have a valid, legal reason. Otherwise, they can face legal liabilities, penalties, and fines.
To avoid such legal implications and complexities of renting your Memphis property, consider partnering with our property management firm, Reedy & Company. We’ve served the Memphis Metro area for over 20 years since our founding in 2002. Throughout our years of service, we’ve accumulated invaluable experience, including managing 3,500+ properties.
Contact us today for a property consultation, and we’ll happily discuss how we can help you maximize your rental income.
