Rights That You, the Renter, Have

Under ideal circumstances, tenants and landlords would get along swimmingly without any help from the law. Neighbors would treat each other with respect, repairs would get done in a timely manner, and rent would always be paid on time. Of course, reality is a far cry from this ideal, which is why landlord-tenant laws exist. You don’t have to be a lawyer to protect yourself as a renter, though. All you need is a working knowledge of your rights, which we’ve enumerated for you below.

1. According to the Fair Housing Act, you cannot be denied housing on the basis of your race, sex, color, religion, disability, family status, or national origin.
2. Rental units must be habitable and meet all health and housing codes.
3. Some states put a cap on the amount landlords can charge for a security deposit.
4. Landlords must make necessary repairs within a reasonable amount of time or must include a stipulation in the lease that allows tenants to pay for repairs themselves and deduct the costs from the rent.
5. Your landlord must notify you, usually at least 24 hours in advance, before entering your apartment and can usually only do so for emergencies or to make repairs.
6. If your rental agreement contains provisions that are at variance with state law, they are typically not enforceable in court.
7. If your landlord violates health, safety, or necessary repair standards, you might be able to legally break your lease.
8. When you break a long-term lease, the majority of states require landlords to look for a new tenant ASAP instead of charging you for the full remaining term of the lease.
9. Landlords cannot deduct from damage or security deposits for normal wear and tear. Many states require that they provide an itemized list of any deductions.
10. Landlords cannot deduct from damage or security deposits for normal wear and tear. Many states require that they provide an itemized list of any deductions.
11. A landlord cannot take your property in exchange for nonpayment of rent unless you abandon your apartment.
12. Landlords cannot evict a tenant as retaliation for action a tenant takes against a violation the landlord commits.
13. Your landlord cannot shut off your utilities, change your locks, or evict you without giving you prior notice. Usually, landlords must obtain a court order for eviction.
14. If your landlord creates an environment that is so unpleasant for you that you have to move, it might be considered “constructive eviction,” in which case you might have grounds for legal action.
15. In most states, a leasing agreement cannot contain a provision that holds the tenant responsible for the landlord’s legal fees in the event of a legal dispute.

Additional Resources:

• General obligations of landlords and tenants