6 Tenant Legal Rights To Know

Although tenant rights vary by state, all renters share a few core rights. These include:

• Right to live in a healthy environment
• Right to protection from discrimination
• Right of quiet enjoyment
• Right to privacy
• Right to safety disclosures
• Right to an advance notice of eviction
• Right to return of security deposit if warranted

Tenants and renters have specific rights during the lease term or tenancy. This includes tenants in public housing. Local landlord-tenant law, state law, and federal law are all sources of tenant rights.

Renters should understand their rights when entering a lease or rental agreement, whether it’s month-to-month or for a longer term. They should also research local renters’ rights to determine the specific rights in their city and state. Often, localities offer more rights, such as rent control, which regulates rent increases, as well as the right to organize.

This article shares six important tenant rights all renters should know. Understanding these rights will help you protect your housing and address issues. If you need more help, consider talking to a local attorney. They are experts in landlord-tenant law and can explain your options and next steps.

Where Do Tenant Protections Come From?

In any tenancy, the landlord usually has the upper hand. Landlords often set lease terms, including occupancy limits, without negotiation. Tenant rights offer tenants some protection in the landlord-tenant relationship. Tenant rights should not depend on the lease term. These rights apply to long-term and month-to-month leases alike.

Although landlord-tenant law is a subset of real estate law, four primary sources of law contribute to tenants’ rights:

• Federal law
• State law
• Local law
• Common law

For example, common law contributes to the warranty of habitability included in all residential lease agreements.

1. The Right to Freedom from Discrimination

Federal law protects prospective and current renters from discrimination. These laws apply to almost all real estate professionals, including:

• Landlords and property owners
• Property managers
• Realtors
• Real estate agents
• Mortgage lenders

Protected Characteristics

Under the federal Fair Housing Act, it is illegal to discriminate based on the following protected characteristics:

• Race
• Religion
• National origin
• Age
• Sexual orientation and gender
• Familial status
• Physical or mental disability, including alcoholism or prior drug addiction

Some states, like New York state, go further and include sources of income and immigration status as protected characteristics.

Housing Discrimination Examples

Discrimination against anyone for the above reasons is illegal. Housing discrimination may take many forms, including:

• Advertisements for rental units indicating a preference or limitation
• Being told an available rental unit is not available
• The use of different criteria for assessing certain applicants
• A landlord’s refusal to rent to you without a valid and lawful reason
• Poor treatment of certain tenants (such as unreasonably larger deposit requirements)
• Eviction for a discriminatory reason
• Refusing to rent to a low-income family using a voucher
• A property owner requiring extra proof of a disability from a disabled renter using Social Security Disability Insurance (SSDI)
• Asking a low-income tenant for a higher last month’s rent than other tenants
• Refusing reasonable accommodations for a tenant with a disability, including installing ramps for renters who use wheelchairs

The U.S. Department of Housing and Urban Development (HUD) enforces the federal Fair Housing Act. Anyone who has experienced housing discrimination should file a complaint with their office.

2. The Right to a Habitable Home

Everyone has the right to habitable housing conditions. Your state’s housing laws include housing codes that cover many elements of habitability. A habitable home is fit for humans to live. Some of the qualities you should expect include:

• No pest or rodent infestation
• Working electrical systems
• Working carbon monoxide and smoke detectors
• Heat
• Running water
• Hot water

Disclosures

State and federal laws outline the types of disclosures tenants must receive. These include lead-based paint disclosures for homes built before 1978 and mold disclosures. Landlords must disclose anything that may negatively affect tenants’ health. Landlords risk liability and fines if they do not provide proper notice.

Common Areas

Landlords must maintain the common areas of a rental property, such as hallways and lobbies.

Repair and Deduct

If your landlord or property manager refuses to make a necessary repair, you may be able to repair and deduct. First, give your landlord written notice of the necessary repair. Explain the necessary repair, and give them reasonable time to respond.

In some states, if the landlord or property manager does not respond to a tenant’s request for a necessary repair, the tenant may pay for the repair and deduct the costs from the next month’s rent.

If you are considering this option, seek legal advice first, as repair and deduction is not available in all states. In some states, tenants must file a legal action before using this option.

3. Right to Privacy

Landlords cannot enter your home at any time. They need a valid reason, such as a fire or gas leak. If they suspect domestic violence, they still cannot enter your premises. They must call local law enforcement.

Your landlord must give you advance notice before entering your apartment. The required notice amount depends on your state laws, but it is often at least a one-day notice.

4. Right of Quiet Enjoyment

Tenants have the right to enjoy their homes without any obstruction or intrusions. Although tenants are renting a property, it is often their family home. Landlords who allow excessive noise or open a tenant’s mail without permission violate the tenant’s right to quiet enjoyment.

5. Right to Advance Notice of Eviction

Lease agreements are binding contracts, so landlords can’t evict a tenant without a valid reason. A few valid reasons landlords evict tenants include:

• Unpaid rent or nonpayment of rent
• Lease or occupancy violations
• Damage to property
• Criminal activity
• Other lease violations

If a landlord wants to evict you, they cannot change the locks or remove your personal property from the rental unit. They must go through your local eviction process.

The Eviction Process

Your landlord must first give you an eviction notice with reasonable time to either fix the reason for eviction or vacate the premises. If the underlying cause is nonpayment of rent, you can often fix it by paying the past-due rent and any late fees.

If you do not, your landlord can go to a housing or small claims court to obtain a court order. If the landlord prevails, the court can order the eviction and assess the landlord’s attorney’s fees to you.

Landlords must act in good faith when pursuing an eviction. They cannot retaliate by evicting you if you complained or reported them to local or federal housing authorities.

If you’ve received an eviction notice, you’re not necessarily out of options. Eviction is a legal process, and your landlord must follow certain steps. An attorney can negotiate on your behalf and represent you in eviction court if needed. Find local legal help.

6. Right to Return of Security Deposit

Most landlords ask for a security deposit before you can move into your new home. The security deposit gives the landlord financial reassurance if you damage the property or can’t pay rent.

Most states regulate security deposits. This includes regulations on the following:

• How much the landlord can ask for a deposit
• Whether the landlord must place the funds in an interest-bearing account
• How the landlord can use the security deposit
• The period of time for the landlord to return the deposit

For example, in Maryland, landlords cannot ask for more than two months’ rent as a security deposit, and they must place that money into an interest-bearing account. Finally, landlords must return the deposit within 45 days of the tenant moving out.

Regardless of location, landlords should send the refund to the tenant via certified mail to avoid disputes.

Security Deposit Deductions

Landlords can make certain deductions from the security deposit, but they must provide an itemized list of these deductions. Landlords can deduct unpaid rent, repair costs, and cleaning costs from the security deposit if necessary.

How To Get Back Your Full Security Deposit

A tenant can take steps to ensure they receive a full refund of their security deposit. These include:

• Ask for a receipt when paying the security deposit.
• Inspect the rental unit before moving in, and document any existing damage.
• Notify the landlord of any necessary repairs during the tenancy.
• Give written notice at least 30 days before moving out.
• Conduct a final inspection before moving out, and document the rental unit’s condition at move-out.
• Provide a forwarding address (ideally through certified mail so you have proof) so the landlord can return the security deposit

If the landlord doesn’t return the security deposit within the specified time required by your state, you can take legal action in small claims court. If you prevail, the court can order the landlord to pay damages and attorney’s fees.

Assert Your Tenant Rights: Get Legal Help

Your rental is your home, and you have a right to enjoy it. Knowing your rights is an important part of asserting them. Still, situations may arise that require extra help and more care. If this happens, a local attorney can offer legal advice tailored to your location and situation. A local legal services office may also have information on local tenants’ rights.

FindLaw’s directory of attorneys can connect you with qualified legal help near you. Enter your legal issue and city or ZIP code for a list of legal professionals in your area. Because state law is relevant, your attorney should be licensed in the state of the rental property. Your search results will also show important details about prospective attorneys, like ratings, areas of practice, and whether they offer free consultations.