Tenant and Landlord Rodent Rules in Memphis

Does Tennessee's landlord-tenant act apply in Memphis?

Yes. Section 66-28-102 says the act applies only in counties with a population over 75,000. The commentary in the 2025 compilation lists the counties that qualify, and Shelby County is on the list.

That covers Memphis, Germantown, Bartlett, Collierville, Arlington, Lakeland and Millington. DeSoto County rentals in Southaven and Olive Branch fall under Mississippi law instead, which this guide does not cover.

What landlords must do

Section 66-28-304 lists the landlord's maintenance duties. The landlord must:

• Comply with building and housing codes that materially affect health and safety
• Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition
• Keep common areas clean and safe
• In buildings with four or more units, provide and maintain trash receptacles at common collection points

The act does not use the word "rodent." Even so, an infestation that makes a unit unfit, or that comes from broken screens, holes in walls or foundation gaps, ties back to these duties. The duty to follow housing codes also links the state act to Memphis's own property maintenance rules.

What tenants must do

Section 66-28-401 lists tenant duties. Tenants must comply with obligations that building and housing codes place on tenants, keep their part of the premises as clean and safe as conditions allow, dispose of garbage and other waste in the proper place, and not deliberately or negligently damage the property.

For rodents, that means storing food in sealed containers, taking trash out regularly, not letting clutter build up, and reporting problems promptly. A tenant whose own housekeeping draws mice is in a weaker position to demand that the landlord pay.

Memphis housing code enforcement

The City of Memphis enforces minimum housing standards through its Code Enforcement unit, which administers Ordinance No. 5708, the International Property Maintenance Code as adopted by the city. The city says the code protects health and safety in existing dwellings and addresses minimum housing standards and environmental conditions.

Tenants can file a complaint through Memphis 311 online or at 901-636-6500, or call Code Enforcement at 901-636-7464 about unsafe housing. The city lists emergencies like no heat, no running water or raw sewage as reasons to call that number directly.

If you live in a suburb like Germantown or Bartlett, contact that city's code office instead.

Steps for tenants with rats or mice

A documented, step-by-step approach protects you:

1. Write down what you see, with dates, and take photos of droppings, gnaw marks, holes and any rodents.
2. Notify your landlord in writing, by email, text or letter, and keep a copy.
3. Keep your unit clean and food sealed, so the cause cannot be pinned on you.
4. Give access for the landlord's pest provider at reasonable times.
5. If nothing happens, consider a code complaint through Memphis 311.

Under section 66-28-501, a tenant may recover damages, get injunctive relief and recover reasonable attorney's fees for a landlord's noncompliance with the lease or the act, after giving fourteen days' written notice. Those remedies have conditions, so talk with a lawyer or a legal aid office before relying on them.

Section 66-28-514 bars landlords from retaliating by raising rent, cutting services, or suing or threatening to sue for possession because a tenant complained about a violation or used remedies under the act. There are exceptions, such as when the tenant caused the code violation or is behind on rent.

Steps for landlords and property managers

Rodent problems in rentals cost the most when they are left alone. Some practical habits:

• Have units checked and treated between tenants, especially ones that sat vacant
• In multi-unit buildings, check the units next to, above and below any complaint
• Fix structural openings: foundation vents, gaps under doors, holes around pipes, damaged soffits
• Keep dumpster areas clean and lids closed, with enough pickups that bins do not overflow
• Keep records of complaints, service visits and repairs

Tennessee also requires licensed supervision for pesticide applications inside apartments, though tenants may treat their own units. For building-wide work, a chartered company is the safe choice. See apartment rodent control and the license guide.

Documenting the problem fairly

Disputes over rodents often come down to cause. A clear record helps both sides. Note where droppings appear and how many. Mouse droppings run about an eighth to a quarter inch; rat droppings run about half an inch to three quarters of an inch. Note any holes, gnawed pipes, or gaps under doors and around plumbing.

If the problem started after a neighboring unit went vacant, after a repair, or after the dumpster area changed, write that down. Those details point toward building-wide causes. See rat droppings identification and mice in the walls.

Common rental situations

Every case depends on its facts and the lease. These common Memphis situations show how the act's duties tend to come into play. They are general information, not legal advice.

Mice coming up from a shared crawl space in a Midtown duplex. The crawl space, foundation vents and pipe gaps are building conditions both units share. That points toward the landlord's duty to make repairs and keep the premises fit and habitable.

Roof rats in the attic of a single-family rental. Openings at the soffits and vents are structural, and the attic is usually outside the tenant's control. Tenants should report it in writing; landlords should have the roofline inspected and sealed, not only trapped.

Mice in one kitchen in a large complex where the tenant leaves food out. The tenant's duty to keep the unit clean and dispose of garbage properly comes into play. Even so, the units next door should be checked, since mice travel through shared walls.

Rats around an overflowing dumpster at a complex. In buildings with four or more units, the act requires landlords to supply and maintain trash receptacles at common collection points. Overflowing or broken dumpsters are a management issue.

Mice at move-in. Photograph droppings or damage on day one and send the photos to the landlord in writing. That record shows the problem came before you.

Where to get help

For legal questions, contact a legal aid organization or a private attorney. For housing code conditions, use Memphis 311 or Code Enforcement. For the rodents themselves, a provider can inspect, trap and seal. When you call a provider about a rental, say whether you are the owner or the tenant, since that affects who schedules and pays.