Tenant Rights: A Comprehensive Guide
Basics of Landlord-Tenant Law: Evictions, Repairs, Deposits, and Discrimination
Introduction
Whether you’re renting an apartment, a house, or a single room, tenants have important legal rights that protect them from unfair treatment, unsafe living conditions, and illegal eviction. At the same time, tenants also have responsibilities—like paying rent on time and not damaging the property.
This guide outlines the basics of landlord-tenant law, including what landlords are required to do, what you can expect as a renter, and how to take action if your rights are violated. While some details vary by state, these are widely recognized protections across the United States.
Evictions
When Can a Landlord Evict You?
A landlord can only evict you for specific, legal reasons, such as:
Failing to pay rent
Violating the lease (e.g., subletting without permission, damaging property)
Refusing to leave after your lease ends or after a proper notice period
They cannot evict you simply because they dislike you, or as retaliation for asserting your legal rights (such as reporting code violations).
What Is the Legal Process for Eviction?
Notice: The landlord must give you written notice (such as a 3-day or 30-day notice) depending on the reason for eviction and your local laws.
Court Filing: If you don’t resolve the issue or move out, the landlord must file a lawsuit (called an “unlawful detainer”) in court.
Hearing: You have the right to appear in court, explain your side, and present evidence.
No Self-Help Evictions: It is illegal for a landlord to lock you out, shut off utilities, or remove your belongings without a court order.
Important: If you're facing eviction, contact a legal aid organization right away. You may have defenses or options, even if you’re behind on rent.
Repairs and Safe Living Conditions
What Is the Landlord Responsible For?
Landlords must keep rental properties habitable, meaning safe, livable, and up to local housing code. This usually includes:
Working plumbing, heating, and electricity
A roof and walls that don’t leak
A pest-free environment
Proper garbage disposal and ventilation
Locks on doors and windows
What Can You Do if Something Breaks?
Request repairs in writing. Keep a copy.
Give reasonable time for the landlord to fix the issue.
If they don’t act, your state may allow you to:
Withhold rent until repairs are made
Pay for repairs yourself and deduct from rent
Break the lease without penalty if the unit is uninhabitable
Check your state’s laws—these options depend on local regulations.
Security Deposits
What Are the Rules?
Landlords may collect a security deposit at the start of the lease to cover damages beyond normal wear and tear.
They must return your deposit within a specific time after you move out (usually 14–30 days, depending on your state).
If they keep part or all of it, they must give you a written list of deductions (such as cleaning fees or damage repairs).
Tips to Protect Your Deposit
Take photos or videos of the property when you move in and out.
Document the condition of the unit and any repairs made.
Leave the unit clean and in good condition.
If your landlord keeps your deposit unfairly, you may be able to sue in small claims court.
Discrimination
What Counts as Housing Discrimination?
Under the federal Fair Housing Act, landlords cannot refuse to rent to you, harass you, or treat you differently because of:
Race or color
National origin
Religion
Sex (including gender identity and sexual orientation)
Disability
Family status (like having children)
Some states and cities add other protections, such as source of income (e.g., housing vouchers), age, or immigration status.
Examples of Illegal Discrimination
Saying “No kids allowed”
Charging a higher deposit because of your race
Refusing to rent to someone using a wheelchair
Evicting a tenant after they disclose their sexual orientation
If you believe you’ve been discriminated against, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or your state’s fair housing agency.
Your Rights When Moving In or Out
When You Move In:
Get a written lease and read it carefully before signing.
Understand your rent amount, due date, and rules (pets, guests, utilities, etc.).
Ask for copies of signed documents and receipts.
When You Move Out:
Provide written notice (usually 30 days, unless otherwise stated).
Clean and repair the unit as much as possible.
Request a walk-through inspection with your landlord.
If Your Rights Are Violated
Document everything—conversations, letters, emails, photos.
Contact your local legal aid office or tenant rights organization.
You may be able to:
Challenge the eviction in court
File a housing code complaint with the city
Take your landlord to small claims court for damages or withheld deposits
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. For legal help with your specific situation, you should contact a qualified attorney or a local legal aid organization.
If you believe any of the information in this guide is incorrect or outdated, please contact us at projectlawaccess.com/contact.