Memphis is the 28th-largest city in the United States. In 2020, this city had a population of over 633,104 people. Evictions are bound to happen with such a large population.
Are you a landlord or tenant in this city? If so, it's essential to know your rights on evictions.
As a landlord, you may have to deal with tenants who don't pay rent on time. It may even be for a long time.
What if you're the tenant? There might be a valid reason you can't make rent this month.
Want to know more about evictions in Memphis? Keep reading to find out!
What Is the Law on Evictions?
There are several reasons that a landlord can evict a tenant. Late or missed rent payments are the most common. Remember to read your lease agreement carefully.
Other valid reasons for evictions can include:
- Violating the terms of the lease agreement
- Damaging property
- Engaging in illegal activity on the premises
- Causing a disturbance to other tenants
If you're a landlord, it's crucial to know that you can't evict a tenant without following the law. Tenant rights exist to protect against wrongful evictions.
You must first give them the notice to vacate. The notice must be in writing and state the reason for the eviction. The tenant then has a certain number of days to comply or leave the property.
What is the eviction timeline? That'll depend on whether the notice is with or without cause.
What if the tenant receives a notice with a cause? The tenant has 14 days to correct their behavior.
A landlord can file a lawsuit if they don't comply after the notice. Sometimes tenants may even have up to 30 days to cure their lease violations.
This notice can also be as little as 3 days. This short notice happens when drug-related or illegal activity occurs on the property.
No Response to Notice
What if the tenant doesn't vacate? The landlord can file an unlawful detainer lawsuit with the court when this happens.
This lawsuit is a summary process. That means it's meant to be quick. After the landlord files, the tenant has a few days to respond to the lawsuit.
The court will give the landlord a default judgment if the tenant doesn't respond. That means that the landlord can go ahead and evict the tenant. Landlord rights allow this to happen.
Response to Lawsuit
What if the tenant does respond to the lawsuit? Then, they'll have a chance to defend themselves in court.
For example, let's say the tenant didn't pay rent. The reason is that the landlord never made repairs to the property. The tenant would have to prove this in court.
Rental property management is a big responsibility. Landlords must follow state and local laws to avoid penalties.
The court will then decide whether to evict the tenant. If the tenant wins, they get to stay on the rental property. If the landlord wins, the tenant will have to vacate the premises.
Remember Your Eviction Rights
Now you know a little more about evictions in Memphis. Whether you're a landlord or tenant, knowing your rights is crucial.
These laws protect tenants from wrongful evictions. It also protects landlords from problem tenants.
When in doubt, always consult with an attorney. They can help guide you on your specific case.
Do you still have questions about evictions? Contact us today so we can help you understand your rights!