Learn About Tenants' Rights

• Tenants' Rights Basics - Introductory information on landlord-tenant law and your rights as a tenant.
• Eviction and Lease Termination - The eviction process, identifying illegal evictions, and more.
• Landlord Repairs and Maintenance - Tips on tenants' rights to repairs, maintenance, and safe property.
• Rent and Security Deposits - Information on rent and security deposits, including state security deposit limits.
• Leases and Rental Agreements - What to look for in a lease, adding a roommate, more.
• Tenant Safety and Landlord Liability - Tenants' rights to safety, and landlords' obligation to prevent injury and crime.
• Tenants and Fair Housing - Information on fair housing laws and housing discrimination.
• Get Help Now - Quick access to information on finding and hiring a lawyer.
• Forms and Resources - Links to state-specific landlord-tenant laws, forms, and more.

Your Rights as a Tenant

If your application to rent an apartment is rejected, you have a right to know why. It is illegal for a landlord to refuse your rental application for discriminatory reasons. Federal law prohibits discrimination on the basis of:

• Race
• Color
• Religion
• National origin
• Sex
• Age
• Familial status (including not allowing children, discrimination against pregnant women)
• Physical disability
• Mental disability (including alcoholism and past drug addiction)

States and many cities have similar housing laws, and yours may prohibit other kinds of discrimination, including:

• Marital status
• Sexual orientation

Federal housing law prohibits a variety of discriminatory conduct:

• Advertising cannot contain any statement indicating a preference or limitation based on any of the protected classes listed above.
• The landlord may not make any similar implication or statement.
• A landlord cannot say that an apartment is not available when in fact it is available.
• A landlord cannot use a different set of rules for assessing applicants belonging to a protected class.
• A landlord cannot refuse to rent to persons in a protected class.
• A landlord cannot provide different services or facilities to tenants in a protected class or require a larger deposit, or treat late rental payments differently.
• A landlord cannot end a tenancy for a discriminatory reason.
• A landlord cannot harass you.

Note: The federal housing statutes do not apply to all rental property. The main exceptions are owner-occupied buildings with four or fewer rental units (e.g., a duplex), housing offered by religious groups or private organizations for their members, housing designated for senior citizens, and single-family housing being rented without discriminatory advertising or a real estate broker.

A landlord cannot refuse to rent to you because of a "no pets" policy if you have a trained helper animal, such as a seeing-eye dog, or a dog that helps you negotiate with a physical or mental disability. If the landlord does refuse, he or she has violated federal law, including the Americans with Disabilities Act.

Example: A jury in Minneapolis, Minnesota, recently awarded large damages to a man who was grief-stricken after his son's murder and had begun taking care of his son's dog at the suggestion of his therapist. Before he started taking care of the dog he was severely depressed and not functioning normally. The jury concluded that enforcing the landlord's no-pets policy under those circumstances was a form of disability discrimination.

If you were rejected because the landlord received negative information about you, including information from previous landlords, your employer, your bank or other third parties, you have a right to know why.
Under the federal Fair Credit Reporting Act a landlord has to tell you if the rejection was based on negative credit information that came from a source other than your credit report.

• The federal Fair Credit Reporting Act also requires a landlord to tell you that, during the sixty days after he or she informs you that there was negative credit information, you may submit a written request for disclosure of the negative information.
• After receiving your request for disclosure of the negative information, the landlord must tell you "the nature of the information," within a "reasonable time." The law does not indicate how much detail the landlord must give you.

You have a right to "habitable" premises. This is a fancy way of saying the apartment or house you are renting is fit to be lived in. Don't compromise on this right. You have a right not to live in a hovel. Most states do not let a landlord put language in the lease stating that you "waive" the right (that is, give it up). The following conditions could make premises "uninhabitable."

• Unsafe conditions, such as holes in the floor, plaster coming down from the ceiling, bad wiring, and the like.
• Gross infestation of vermin such as cockroaches or mice.

Under federal law, rental housing must be free of lead-based paint. It is more typical in older buildings, and up to 75 percent of the housing stock is still affected by it. No matter how old or new the premises are, watch for chipping paint, peeling paint, flaking paint, and paint dust.

You have a right to privacy. Your landlord cannot come into your apartment or house without prior permission unless there is a true emergency like a fire or a flood in the bathroom.

The landlord must give you advance notice before coming into your apartment for other reasons, like making repairs or showing the unit to a potential tenant. Some states have laws that regulate these entries and set forth rules on how much advance notice the landlord must give, and whether the landlord must tell you what time he or she will enter and why.

Your landlord cannot require a deposit that exceeds a limit set by your state's law. Not all states have an upper limit, however. Also, the statute may allow different limits depending on your age (a lower limit for senior citizens, for example), whether you have a pet or waterbed, the length of your lease, or other factors.

A landlord must treat tenants equally on deposit requirements. If you are required to provide a larger deposit than one of your neighbors, you have the right to know why.

In many states the landlord must return the deposit to you at the end of the lease term with interest set by a statute. Many states also have a statute stating how much time a landlord may take to return your deposit after you move out (usually thirty days). If the entire deposit is not returned, your landlord must send you an itemized list of how the money was spent. Common conditions that lead to reduced deposit refunds include:

• Repairs to damages on the premises beyond mere wear and tear
• Cleaning to restore the premises to the condition they were in at the beginning of your lease (beyond normal wear and tear)
• Unpaid rent

Tip : Take pictures of the apartment when you first move in, especially areas that may be damaged already, and take the same picture when you move out. Save the receipts for developing the film so you know which is which and can establish the date on which you took the pictures. Or make videotape.
You have several legal rights if your landlord takes action against you for nonpayment of rent or a breach of the lease. Generally, your rights relate to having proper notice of the proceedings against you, a chance to make good on the unpaid rent or to repair your breach of the lease, and rights to appeal. If you are worried that you may be evicted, you may want to discuss the situation with a lawyer or a local tenants' association.
You also have a right to take legal action against your landlord for breach of contract if he or she breaches the lease, fails to return your deposit, takes unwarranted deductions from your deposit, or fails to make repairs. Before proceeding, you will want to discuss your options with a lawyer.

Tips for Tenants

Know your rights when you rent a house or apartment.
1. Bring your paperwork. The best way to win over a prospective landlord is to be prepared. Bringing the following information when you meet prospective landlords will give you a competitive edge over other applicants: a completed rental application; written references from landlords, employers, friends and colleagues; and a current copy of your credit report (see "How to Get a Copy of Your Credit Report," at the end of this list).
2. Review the lease. Carefully review all of the conditions of the tenancy before you sign on the dotted line. Your lease or rental agreement may contain a provision that you find unacceptable -- for example, restrictions on guests, pets, design alterations, or running a home business.
3. Get everything in writing. To avoid disputes or misunderstandings with your landlord, get everything in writing. Keep copies of any correspondence and follow up an oral agreement with a letter, setting out your understandings. For example, if you ask your landlord to make repairs, put your request in writing and keep a copy for yourself. If the landlord agrees orally, send a letter confirming this.
4. Protect your privacy rights. Next to disputes over rent or security deposits, one of the most common and emotion-filled misunderstandings arises over the tension between a landlord's right to enter a rental unit and a tenant's right to be left alone. If you understand your privacy rights (for example, the amount of notice your landlord must provide before entering), it will be easier to protect them.
5. Demand repairs. Know your rights to live in a habitable rental unit -- and don't give them up. The vast majority of landlords are required to offer their tenants livable premises, including adequate weatherproofing; heat, water, and electricity; and clean, sanitary, and structurally safe premises. If your rental unit is not kept in good repair, you have a number of options, ranging from withholding a portion of the rent, to paying for repairs and deducting the cost from your rent, to calling the building inspector (who may order the landlord to make repairs), to moving out without liability for your future rent.
6. Talk to your landlord. Keep communication open with your landlord. If there's a problem -- for example, if the landlord is slow to make repairs -- talk it over to see if the issue can be resolved short of a nasty legal battle.
7. Purchase renters' insurance. Your landlord's insurance policy will not cover your losses due to theft or damage. Renters' insurance also covers you if you're sued by someone who claims to have been injured in your rental due to your carelessness. Renters' insurance typically costs $350 a year for a $50,000 policy that covers loss due to theft or damage caused by other people or natural disasters; if you don't need that much coverage, there are cheaper policies.
8. Protect your security deposit. To protect yourself and avoid any misunderstandings, make sure your lease or rental agreement is clear on the use and refund of security deposits, including allowable deductions. When you move in, do a walk-through with the landlord to record existing damage to the premises on a move-in statement or checklist.
9. Protect your safety. Learn whether your building and neighborhood are safe, and what you can expect your landlord to do about it if they aren't. Get copies of any state or local laws that require safety devices such as deadbolts and window locks, check out the property's vulnerability to intrusion by a criminal, and learn whether criminal incidents have already occurred on the property or nearby. If a crime is highly likely, your landlord may be obligated to take some steps to protect you.
10. Deal with an eviction properly. Know when to fight an eviction notice -- and when to move. If you feel the landlord is clearly is the wrong (for example, you haven't received proper notice, the premises are uninhabitable), you may want to fight the eviction. But unless you have the law and provable facts on your side, fighting an eviction notice can be short-sighted. If you lose an eviction lawsuit, you may end up hundreds (even thousands) of dollars in debt, which will damage your credit rating and your ability to easily rent from future landlords..

Resolving Landlord-Tenant Disputes FAQ

Lawyers and lawsuits should rarely be your first choice when faced with a landlord-tenant dispute.
What's Below:
How can landlords and tenants avoid disputes?
Can I get help settling a landlord-tenant dispute out of court?
What's the best court to use for landlord-tenant disputes?

How can landlords and tenants avoid disputes?

Whether your disagreement is over a rent increase, responsibility for repairs, or the return of a security deposit, rarely should lawyers and litigation be the first choice for resolving a landlord-tenant dispute.
Both landlords and tenants should follow these tips to avoid legal problems:

• Know your rights and responsibilities under federal, state, and local law.
• Make sure the terms of your lease or rental agreement are clear.
• Keep communication open. If there's a problem -- for example, a disagreement about the landlord's right to enter a tenant's apartment -- see if you can resolve the issue by talking it over or using a local dispute resolution service.
• Keep copies of any correspondence and make notes of conversations about any problems. For example, tenants should ask for repairs in writing and keep a copy of the letter. The landlord should keep a copy of the repair request and note when and how the problem was repaired.

Can I get help settling a landlord-tenant dispute out of court?

If you can't work out an agreement on your own, consider mediation by a neutral, third party, called a mediator. Unlike a judge, the mediator has no power to impose a decision, but will simply work to help find a mutually acceptable solution to the dispute. Mediation is often available at little or no cost from a publicly funded program.
For information on local mediation programs, call your mayor's or city manager's office, and ask for the staff member who handles "landlord-tenant mediation matters" or "housing disputes." That person should refer you to the public office, business, or community group that handles landlord-tenant mediations.
What's the best court to use for landlord-tenant disputes?
If mediation fails, you can take the case to small claims court, assuming the disagreement involves money, such as return of the security deposit.
Small claims court fees are relatively low, and you aren't required to bring a lawyer to small claims court, which saves attorneys fees. (In fact, in some states, such as California, you are not allowed to bring a lawyer to small claims court.)
A few states use different names for this type of court (such as "Landlord-Tenant Court"). Whatever the name, the purpose is the same: to provide a speedy, inexpensive resolution of disputes that involve relatively small amounts of money. (The maximum amount you can sue for in small claims court varies, but most states range from $3,000 to $10,000.)

Everybody's Guide to Small Claims Court (National and California editions), by attorney Ralph Warner (Nolo), provides useful information on landlord-tenant disputes that end up in small claims court. The books explain how to evaluate your case, prepare for court, and convince a judge you're right.

Landlord-Tenant Dictionary

Below you will find definitions for a number of common words and phrases that can arise in the context of the landlord-tenant relationship. Those terms contained within quotes, i.e. "termination date of lease," are defined as they might be found in a clause or provision of a typical residential lease or rental agreement.

Abandonment: A tenant's conduct that demonstrates his or her intent to give up the right to reside in the rental property, without the landlord's authorization or agreement. For example, if the tenant hires a moving company, removes all of his or her personal property from the rental unit, and has not been seen on the premises for two weeks, the tenant can be said to have abandoned the rental property.   

Constructive Eviction: A process through which a landlord's actions (or failure to act) interfere with a tenant's possession of rental property to such an extent that the property is made unfit for reasonable occupation by the tenant.  

Eviction: A court-based process through which a landlord may remove a tenant from rental property, with good cause and after following a number of procedural requirements.  The eviction process is also called "unlawful detainer" in some states.

Fixture: In the residential rental context, a fixture is personal property owned by the tenant, but made a permanent part of the rental property so that removal would be impossible or impractical. For example, a tenant's installation of custom double-paned windows would amount to a fixture. Ordinarily, a fixture remains in the rental property upon termination of the lease or rental agreement, although landlord and tenant may agree to some form of compensation. 

Landlord: An owner of real property who, through a lease or rental agreement, promises to rent all or a portion of the property to another person (a "tenant") for his or her exclusive use -- usually for a set period of time and in exchange for an agreed-upon amount of money.

Lease: A written agreement entered into between a landlord and tenant, through which the tenant is granted the right to exclusive use and occupation of the landlord's residential property for a specified amount of time, and in exchange for an agreed-upon sum of money. Also called a "rental agreement."

"Property":  A lease or rental agreement should give a full description of the property being leased.  This description should include the street address, city, state, and zip code.  It should also include the number of square feet in the space and the means by which the square footage is measured.

Quiet Enjoyment: A tenant's implied right to the enjoyment and use of rental property without obstruction or intrusion from other building residents, the landlord, or other persons.

Renewal: An option for the tenant upon termination of a lease or rental agreement, giving he or she the choice to renew the agreement during a certain window of time.

Rent:  The payment of a specified amount of money for the right to exclusive enjoyment of residential property, usually via periodic (i.e. monthly) payments. A residential lease or rental agreement should state the amount of rent, and when and how the rent is to be paid.

Rent control: Found mostly in urban areas, rent control laws limit the amount of rent that a landlord may charge tenants, subject to certain restrictions. Most rent control laws allow annual rent increases in a certain amount, i.e. 2.5%.

Right of entry: A landlord's (very limited) right to enter premises that have been leased to a tenant, usually only in emergency situations, to show the unit to a prospective tenant, or make repairs (in the latter two situations proper notice to the tenant is required).

Security deposit:  Refundable money paid by a new tenant to the landlord at or before the move-in date, to guarantee the tenant's performance of lease obligations, i.e. no damage to the property beyond wear and tear, and payment of rent. Most states have set limits on the amount of money a landlord may demand for a security deposit. A lease or rental agreement should state the amount of the security deposit, and should also state what the security deposit will be used for, where it will be held, and whether it will earn interest.

"Subletting or assignment": Gives the tenant the right to sublease or assign the property if the tenant cannot fill out the term of the lease or wants to rent part of its space to someone else.  This clause will specify under what conditions the tenant can avail itself of this right.  Under a sublet, the original tenant is still responsible for honoring the provisions in the lease. In an assignment, the original tenant is out of the picture and has no further liability under the lease.

Tenant: A person who has been given the right to use and occupy rental property owned by another person, usually through a lease or rental agreement. The tenant's right to exclusive enjoyment of the property is typically granted in exchange for an agreed-upon amount of money, and is limited to a fixed time period (usually set forth in the lease).

"Tenant improvements": Indicates whether the tenant has the right to make improvements to the property and the extent to which the landlord will allow such improvements.

"Termination":  Imposes an obligation on the tenant to return the property in a certain condition at the end of the lease.

"Termination date of lease":  Specifies the lease's ending date.

"Term of the lease":  Identifies in months or years the duration of the lease.  It should also state when the tenant is entitled to possession.

"Use of premises":  Specifies any restrictions on the use of the premises.

Warranty of habitability: A residential landlord's obligation to provide his or her tenant with a rental unit that is reasonably fit for human occupation, including as to basic living conditions and the performance of timely repairs. What is "reasonable" in one area may not be so in another, however. For example, a California landlord's failure to properly insulate pipes may not violate the warranty of habitability, but a Minnesota landlord's failure to do so may result in liability if the pipes are constantly freezing overnight.

Question: I am a new landlord. Does the standard renters insurance policy cover the landlord for physical damage to the rental property made by the tenant during his/her tenancy?

Question: A neighbor who recently moved out of our four-plex told me that the landlord deducted from her security deposit a monthly amount of her rent increase. She had paid the last month's rent when she moved in. I was under the impression that when you pay the last month's rent as part of the move-in costs (and the lease clearly separates the costs as "1st month's rent," "Last month's rent," and "Security deposit'), then the last month's rent was paid for even if there was a subsequent rent increase. I have lived in the complex for more than three years and I am planning on moving. I would like to know if the landlord can legally make up the rent difference for the last month's rent?