Legal Question in Landlord & Tenant Law in Tennessee

I live in Memphis Tennessee. I rent and over the weekend we had an electrical problem. We called the landlord and explained the problem. They called back and said that the utility department had to come by first and check out the problem. They show up on Tuesday morning and recommended that an electrician come fix the problem. Around noon on Tuesday we informed the landlord what the utility department said. We called back around one on Wednesday and it is now Thursday and we have not heard from anyone. My question is how long do they have to get someone to fix the problem? Our lease says that any major repair is their responsibility. What can I do to get this fixed?


Asked on 10/07/10, 9:36 am

1 Answer from Attorneys

Howard R. Peppel Peppel, Gomes & MacIntosh, P.C.

The Residential Landlord and Tenant Act requires tenants to give written notice to a landlord to correct a problem. There is no question that the problem you have is one that is the obligation of the landlord to correct; however, without a written demand being given, the landlord has no legal obligation to correct the problem. Once the written notice is given, the landlord generally has 14 days to correct the problem. However, this is not the normal case.

Electrical service is deemed as an essential service under the Tennessee Landlord and Tenant Act. As such, the landlord is required to take all action to correct the problem regarding the electrical service. Nonetheless, you are still required to give a written demand to the landlord to correct the situation. The landlord must then have the problem corrected within a reasonable period of time which may, under some circumstances, be only a few days rather than the general period of 14 days. After a reasonable period of time, if the landlord fails or refuses to correct the problem regarding the establishment of an "essential service", you can then terminate the lease and move to another residence; call in an electrician and pay for the repair job and then reduce your next month's rent by the amount you paid to the electrician; or sue the landlord.

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Answered on 10/15/10, 3:21 pm


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