Know your rights as a renter

Zaneta Lowe

10 years ago

WEST MEMPHIS, Ark. — Santresa Phillips emailed the On Your Side Investigators after getting fed up with the living conditions at her West Memphis home.

“I’m just tired of complaining and so that’s why we’re here,” said Phillips.

There’s no furniture to sit on in the living room because an electrical fire in April took most of it.

The rest got stolen by crooks who broke in and ransacked the house a month later. There were a number of burglaries in the neighborhood.

Phillips showed WREG a stack of emails she sent her landlord. She said she also went without heat for a while last winter.

Despite the communication back and forth, including visits from repairmen, Phillips says she’s still having electrical problems.

The On Your Side Investigators also snapped pictures at a neighbor’s house. The neighbor said her place has been infested with mold for months.

Phillips and her neighbor say they feel like their complaints are falling on deaf ears.

“They need to come out here and check on their property, get whatever business they need to get done in order,” said Phillips.

Phillips lives in the Families First Homes in West Memphis. The former Buehler Homes property is now managed by a Nashville company, Elmington Capital.

Records show they did send electricians to Phillips’ home, and the regional manager says she’s not aware of additional complaints.

Either way, residents like Phillips can have a tough time proving their case.

Arkansas is the only state where the landlord tenant law doesn’t include a warranty of habitability. So basically, no matter the conditions of the place, a landlord doesn’t have to make repairs unless it’s written into the contract.

Tenants can also get thrown in jail for not paying rent.

Mississippi and Tennessee‘s laws have a few more provisions.

Sapna Raj is the managing attorney with Memphis Area Legal Services. She says renters should put all repair requests in writing.

She also says it’s important for tenants to pay rent on time, because landlords can legally start the eviction process shortly afterwards. However, even then, tenants still have legal rights.

Raj said, “They can’t just change your locks, they can’t just put you out. You have to be taken to court and you have to have a hearing in court.”

Also, in Tennessee:

Renters are guaranteed essential services which are light, gas, water and heat.
Landlords can’t simply raise rent in the middle of a lease.
They also can’t retaliate against tenants for complaining.
Security deposits may be applied to any unpaid rent after 30 days.
Landlord must notify tenant in writing of any refund due & may retain unclaimed refunds after 60 days of notification.
Tenants generally shouldn’t withhold rent. However, if they do (under specific circumstances) and plan to sue their landlord, the funds must be placed in an escrow account.

Phillips is trying to save enough to move; until then, she’s hoping the landlord hears her concerns.

She told WREG, “The people just act like they don’t care.”

Landlords in every state must also comply with fair housing laws. This means they can’t discriminate based on a person’s race, color or familial status.