Know Your Tenant Rights

Use these links to jump to different sections:

• Right to Quiet Enjoyment
• Right to Habitable Premises
• Freedom from Housing Discrimination
• Right to Security Deposit Return
• Right to Reimbursement for Necessary Repairs
• Protection from Wrongful Eviction
• What Are the Sources of Tenant Rights?
• Options for Resolving Disputes with Your Landlord
• Find Experienced Legal Help

If you rent an apartment or house, you have important basic rights. Landlord-tenant laws at the local, state, and federal levels protect tenants’ rights and interests, including the right to a habitable living environment, protection from unfair eviction, and the return of security deposits.

Right to Quiet Enjoyment

As a tenant, you have the right to enjoy your property without obstruction or intrusion from others. Landlords violate this right if they or their representatives enter your home without notice or good reason.

Right to Habitable Premises

Many issues could temporarily or permanently make a home uninhabitable, from mold to structural issues to faulty plumbing. Tenants in nearly every state have an implied warranty of habitability in their lease agreements, which ensures that the rental property is suitable for living in.

“Safety and habitability issues are primarily a matter of state law and are based on a state-by-state determination,” says Nevada real estate attorney Terry Moore. “However, if somebody is a participant in the federal Housing Choice Voucher Program (HVCP)—which provides subsidized housing for eligible people—then habitability is based on federal guidelines. The program entity that administers HVCP will conduct inspections to ensure housing quality standards are met.” Since most cases don’t involve HCVP participants, safety and habitability are primarily handled at the state level.

Freedom from Housing Discrimination

Federal and state laws prohibit landlords from discriminating against tenants based on their membership in a protected class, including race or color, religion, sex (including sexual harassment), national origin, familial status, and disability.

“Most fair housing rights are [both] federal and state law-based,” says Moore. At the federal level, there is “the Fair Housing Act and the Americans with Disabilities Act (ADA), which is made applicable to landlords through the Fair Housing Act. Many states have implemented their own policies, procedures, and statutory frameworks concerning discrimination in housing.”

Right to Security Deposit Return

If you have failed to pay rent or caused property damage beyond normal wear and tear, your landlord can keep a substantial part of your security deposit. But there must be a legitimate reason to keep a portion of the deposit, and landlords violate state law when they charge more for a security deposit than the limit set in landlord-tenant statutes. They can also violate the law by wrongly keeping your security deposit at the end of your tenancy.

Right to Reimbursement for Necessary Repairs

If a tenant is forced to make necessary repairs to the rental unit because their landlord refused or failed to make them, tenants have a right to reimbursement.

Protection from Wrongful Eviction

Landlords can legally evict renters for several legitimate reasons, including nonpayment of rent, violating the terms of the lease, or causing damage. However, even if a landlord has a legitimate reason to evict, they must follow the correct legal procedures for eviction. Not following eviction procedures can result in a wrongful eviction claim.

Moore says the reason why landlord-tenant lawyers handle a lot of eviction cases is that many tenants don’t communicate with their landlords about rental issues they are having. “Landlords aren’t in the business of evicting people. They want people to live in their property, they want them to pay their rent, and they want to operate a nice place for people to live. If they can go without ever evicting somebody, that would be their preferred course.”

What Are the Sources of Tenant Rights?

“The source of landlord and tenant rights depends on the context. They cover an extremely broad category of things,” says Moore. Your lease agreement is one immediate source of rights and responsibilities as a renter, and you are obligated to follow the lease terms. But what if there are illegal provisions in the lease, or your landlord engages in illegal practices against you? Federal, state, and local laws protect tenants against such activities.

The Written Lease

“In the vast majority of cases, property rental is based on a written agreement,” says Moore. You will most likely review and sign a written lease agreement when renting an apartment, house, condo, or other property. While leases vary in their specific contents, they typically address the following topics:

• Names and contact information of the tenant and landlord
• How many people will be living in the rental unit
• Lease terms stating if the lease is month-to-month or for a fixed period of time
• Move-in and move-out dates
• Options for renewing the lease
• Rent, when it’s due, and who is responsible for payment
• Security deposits and late fees
• When landlords may enter the premises
• Who is responsible for repairs and smoke detectors

When reviewing your rental agreement, check for illegal clauses—things landlords can’t legally require, such as forcing you out whenever they want, claiming your entire security deposit regardless of damages, denying responsibility for necessary repairs, or prohibiting service animals. If there are provisions like this in your lease agreement, speaking with a landlord-tenant lawyer is a good idea.

Federal Law

The federal Fair Housing Act protects renters from various forms of housing discrimination. Tenants who believe their landlord has discriminated against them can file a complaint with their state’s Department of Housing and Urban Development (HUD).

The HUD office will investigate and take action against the landlord if there was discrimination in the application process. Tenants also have the option to file a civil lawsuit against the landlord for discrimination. It is always a good idea to speak with a qualified attorney before pursuing any type of lawsuit to ensure you are set up for success.

State Law

State law is another important source of tenant rights and responsibilities. State landlord-tenant laws address a wide range of issues, including limits on how much a security deposit can be, the reasonable time for making repairs, the eviction process, and written notice requirements for raising rent, entering the premises, or terminating a lease

Local Law

Tenants also have legal protections through local ordinances and regulations. Housing codes are an important source of safety and health standards for rental properties, setting requirements on:

• Smoke and carbon monoxide detectors
• Ventilation and water damage
• Roofing, plumbing, and electrical safety
• Insect or rodent infestation

If you are having health or safety-related issues with your apartment or rental house, a good strategy for solution is to see if your landlord is violating the local housing code.

Options for Resolving Disputes with Your Landlord

There are several options for dealing with your landlord.

1. Talking it Out

Drawing on his experience as a real estate attorney, Moore says, “One of the most important things any tenant can do is communicate with their landlord promptly, honestly, and consistently. If a tenant falls on hard times or has an issue come up, they need to communicate with their landlord. For example, if a tenant is trying to find a way to pay back last month’s rent they fell behind on, most landlords are going to try to work with them.”

2. Writing a Demand Letter

Many solutions begin and end with talking to your landlord about the problem. However, if that doesn’t work, you can take the next step of writing a demand letter that explains your problem, attempts to address it, and your plan to take legal action if they don’t quickly address the issue.

3. Withholding Rent

“The tenant is also entitled to withhold rent if the landlord fails to act promptly in fixing a problem,” says Moore. “If the landlord then tries to evict them for nonpayment, the tenant must deposit the rent money with the court—this is a requirement showing that the tenant actually had the rent and wasn’t using this as an excuse to not pay. Then the landlord and tenant will go to a court hearing where a judge evaluates the tenant’s complaint and what the landlord allegedly didn’t do, and will make a decision about whether rent should be abated.”

4. Filing a Lawsuit

You can also file a lawsuit against your landlord in more serious matters. Where you do this will depend on the particular case you are bringing. For example, pursuing action in a small claims court is a good option if you are trying to recover a smaller amount of money from the landlord. But if you’re pursuing a discrimination claim, you will pursue a lawsuit in regular civil court.

Find Experienced Legal Help

Getting legal advice from a landlord-tenant lawyer is essential if you plan to take legal action—or to take effective steps to prevent a lawsuit. Many attorneys give free consultations to prospective clients. Visit the Super Lawyers directory to find a landlord-tenant lawyer in your area.