List of Tenant Rights: The Basics

In the landlord-tenant relationship, both parties have fundamental rights and responsibilities. For example, tenants have a right to safe, habitable housing and to be free from unlawful discrimination. Landlords have the right to receive full monthly rent by the due date. Both parties must follow the lease agreement.

Tenants have other legal rights under federal, state, and local laws. This article provides an overview of these rights. If you are facing a dispute with your landlord, legal advice tailored to your situation and state laws can be beneficial. Consult a qualified landlord-tenant attorney in your area for expert guidance and next steps. 

Landlord-Tenant Laws and Lease Agreements Can Vary

Your rental property and rental agreements are unique. Every lease agreement is different, and not every one contains the same disclosures. But no matter where you live, housing laws share commonalities.

Federal, state, and local laws dictate landlord rights and responsibilities. These statutes regulate the occupancy of real property by touching on:

• Rent control and stabilization (how much you can charge your tenant, including for rent increases)
• Written notice requirements and reasonable time to act in different situations
• Eviction proceedings and the rules governing the eviction process
• Lease termination for year-long versus month-to-month terms
• The Fair Housing Act and habitability of rental property
• Rental applications and lease terms
• Limits on a tenant’s ability to withhold rent
• Late fees for unpaid rent or nonpayment of rent

Tenants’ Right to Clear Terms of Lease

A lease is a binding written agreement. It outlines the tenant’s side of the landlord-tenant relationship and identifies the duties and responsibilities of both parties. While there is room for negotiation, most landlords use their own leases. For this reason, tenants must review the lease terms carefully.

The written lease should identify the following:

• Amount of rent
• The rent due date
• Terms of occupancy
• A description of the dwelling unit
• Where to pay rent
• Notice of any late fees

The lease should identify the duration of the tenancy. While most rental agreements are for a fixed period, some tenants prefer a month-to-month lease. Month-to-month leases need 30 days’ written notice to end the lease. The lease should also include required disclosures and whether the rental unit used lead-based paint before 1978.

Rent Control

State or local laws regulate rent and rent increases for rent-controlled properties. The amounts these landlords can charge are pursuant to local laws. Tenants interested in a rent-controlled property should contact their local housing authority to ensure the rent is proper. But not all states have rent-control regulations.

Landlord-tenant laws vary by state and even city and county. Both tenants and property owners can benefit from a lawyer’s guidance to understand their rights and duties in their area. Find local legal help.

Tenants’ Rights and Discrimination

The Federal Fair Housing Act (FFHA) protects a tenant’s civil rights. Under FFHA, landlords may not discriminate against current or prospective tenants based on any of the following:

• Race
• Religion
• Gender
• Sexual orientation
• Familial status
• National origin
• Disability

This federal law applies to advertisements that exclude any of those protected characteristics. Some states extend these protections to other protected classes.

Anyone who has experienced housing discrimination can contact the Department of Housing and Urban Development (HUD) to file a complaint.

Retaliation

Similarly, landlords are prohibited from retaliating against their tenants. Retaliation means punishing a tenant for exercising their legal rights. For example, a tenant might complain that their roof is caving in. Or they might give the landlord 30 days’ notice that an infestation or hazardous lead-based paint needs to be removed.

The law requires a landlord to provide a tenant with safe dwelling units. A tenant must be protected when they exercise their legal rights to complain about a material problem affecting the rental unit’s safety. But suppose that the landlord gets upset and threatens the tenant with an eviction notice. Or suppose the landlord punishes the tenants by cutting off their access to hot water, forcing them to vacate.

This kind of retaliatory behavior is prohibited in all 50 states. But as with everything in the law, nuances exist between states in what the law says and how it’s applied to a specific situation.

The Right to a Habitable Home

A “habitable home” is a house or apartment that is reasonably fit to live in. Rental properties come with an implicit warranty of habitability. This means your rental home should be free from unsafe conditions, such as the following:

• Bad electrical wiring
• Lack of running water
• Infestation of rats, cockroaches, or other pests
• Mold

Code Compliance

The rental property must comply with local housing and health codes. For example, the rental property and common areas should be free of pest infestations. The property should also be structurally sound. Tenants can report any code violations to the local housing authority.

Sometimes, the tenant can fix the maintenance issue and abate their rent. But check your lease agreement to see whether the landlord has a grace period to make necessary repairs before abatement occurs.

Security Deposits

Most landlords require tenants to pay a security deposit before the renter’s move-in date. After the end of the lease, the landlord must return the security deposit minus any deductions for cleaning or unpaid rent. Landlords may also charge the tenant for damages beyond normal wear and tear.

Limitations

Many states limit how much a landlord can charge for a security deposit. Consider New Jersey as an example. In New Jersey, landlords can charge up to 1.5 times the rent for a security deposit. They must return the deposit within five to 30 days after the tenant leaves.

Returning the Security Deposit

Tenants have rights if the landlord fails to return the security deposit or provide an itemized list of deductions. They can report the landlord to the local housing authority or sue the landlord, usually in small claims court. If the tenant wins, the court may award up to three times the security deposit value, attorney fees, and court costs.

Landlords should return the security deposit and itemized list to the tenant using certified mail to avoid issues. The tenant must also provide a forwarding address so the landlord knows where to send the security deposit.

Tenants’ Right to Privacy

Landlords do not have an automatic right to enter a leased rental unit. Tenants have the right to a reasonable level of privacy and quiet enjoyment of the property. The landlord can enter the rental property with reasonable notice (at least one day’s notice) to do the following:

• Perform repairs
• Show the rental property to a prospective new tenant
• In case of emergencies, such as fire or burst pipes

The landlord has the right to reasonably screen prospective tenants. This includes checking the prospective tenant’s credit history, rental history, and criminal records.

Tenants’ Rights and Evictions

Many circumstances, including nonpayment of rent, lease violations, and property damage, can lead to eviction. Even if they have valid grounds to evict a renter, landlords must follow a legal eviction process. Self-help evictions are against the law in most states.

Self-Help Is Illegal

Self-help is generally illegal and occurs when the landlord does not follow the legal process. Self-help includes removing the tenant’s personal property, changing the locks, or turning off the utilities.

The Eviction Process

This legal process varies by state and involves local courts. The landlord must file a complaint with the magistrate court, seeking an eviction. Then the local sheriff’s office serves the tenant with the complaint. State law usually determines how long the tenant has to answer the complaint, and the notice also states the deadline.

The legal process allows the tenant to present their case before a neutral party. If the judge rules in favor of the tenant, they do not have to vacate the premises immediately.

If the judge rules in favor of the landlord, the tenant is given a reasonable period of time to leave. If the tenant does not show up to court, the landlord can receive an immediate writ of possession and will not have to wait to go forward with removing items from the home.

Coming home to an eviction notice can be jarring and unsettling. But you may still have options. Eviction is a legal process, and your landlord must follow specific steps. An attorney can negotiate on your behalf and represent you in eviction court if needed. Find local legal help.

External Resources: Tenant Rights and Housing

While prospective tenants with lower incomes have limited housing options, their rights are still non-negotiable. These rights apply to different rental properties, including apartments, single-family homes, and mobile homes.

Federal and state governments offer resources to help you learn about other areas of landlord-tenant law. Here are some helpful starting points:

• U.S. Department of Housing and Urban Development (HUD) State Directory
• Tenant Rights, Rental Laws, and Protections in Your State (HUD)
• Affordable Places to Live (HUD)

For more assistance, you can also contact your state’s attorney general. For example, New York City residents can visit New York State’s Attorney General’s website for tenants and homeowners.

Get Legal Help With a Landlord-Tenant Issue

Understanding your rights and responsibilities can help you with any disputes or legal action with your landlord. But you may still need legal advice for your specific circumstances. How the law might apply to the facts of your case varies in every situation. For more information and to get the most out of the legal help available to you, set up a consultation with a landlord-tenant attorney today.

FindLaw’s directory of landlord-tenant lawyers can get you started. Enter your city or ZIP code for a list of legal professionals in your area. Because state and local tenant laws are relevant, your attorney should be licensed in the state where you live. Your search results will also show important details about prospective attorneys, like ratings, languages spoken, and whether they offer free consultations.