What a Landlord Cannot Do: Understanding Your Rights as a Tenant

Under the Fair Housing Act in the United States, it's illegal for landlords to discriminate against tenants based on race, color, national origin, religion, sex, familial status, or disability. This applies from the moment a potential tenant applies for a lease, throughout their tenancy.

Every tenant has the right to the peaceful enjoyment of their home. Landlords must provide reasonable notice, typically 24 to 48 hours, before entering the rental property. 'Snooping around' without consent or proper notice is strictly prohibited.

Landlords have a legal obligation to maintain a safe and habitable living environment. This includes attending to urgent repairs like heating, plumbing, or potential safety hazards. Tenants can take various actions if a landlord neglects this duty, ranging from withholding rent to taking legal action.

Most states have clear laws specifying when and how landlords can use a security deposit. If there are no significant damages or unpaid rent, the landlord should return the security deposit within a specific time frame after the lease ends.

Eviction must follow a legal process, and a landlord cannot force you to move out without going through this process. Self-help evictions, like changing locks or removing a tenant's belongings, are illegal.

Harassment or intimidation by a landlord can be verbal or physical. No tenant should live in fear in their own home. If you're experiencing harassment from your landlord, you have legal rights and resources at your disposal.

Most jurisdictions have laws about how and when a landlord can raise the rent. Typically, they must provide adequate notice, and the increase must be reasonable.

Landlords must maintain appropriate insurance for the rental property. If they fail to do this, they could be held liable for damages or injuries occurring on the property.

Unreasonable rules, such as excessive noise restrictions or visitor limitations, can be contested by tenants. Such rules must not infringe on a tenant's rights to reasonably use their rental unit.

While landlords can set out certain conditions in the lease agreement, there are bounds to what they can ask. Any clauses that violate a tenant's rights or state laws are considered illegal, even if they were signed in a lease agreement. For instance, a term that absolves the landlord of all responsibilities to maintain the property would be seen as unreasonable.

In retaliation for a dispute, a landlord cannot decide to cut off essential services such as water, electricity, or heating. This is viewed as a 'constructive eviction' and is generally illegal. If a landlord chooses this course of action, you have the right to take legal action or break the lease without penalty.

By law, landlords are required to maintain a safe living environment. This means that they must ensure the property is secure and safe from criminal activity. If the landlord fails to address potential security threats, they could be held responsible for any resultant harm.

Landlords cannot make false or unfounded accusations against tenants, such as accusing them of property damage without proof. If a tenant feels targeted or harassed by such behavior, they may have grounds to file a lawsuit for defamation.

Every jurisdiction has local ordinances or codes that landlords must adhere to. This may relate to noise levels, waste disposal, or building safety standards. Ignorance of these rules does not exempt the landlord from compliance.

Landlords should not take advantage of tenants based on their lack of knowledge about tenant rights. This can include coercing a tenant into signing an unfair lease, overcharging rent, or failing to address maintenance requests.

1. What can I do if my landlord is violating my rights?

You can file a complaint with a local housing authority or consult with a housing attorney.

2. What steps should I take before moving into a rental property?

Before moving in, document the condition of the property to avoid being falsely blamed for pre-existing damages.

3. Can a landlord enter my property anytime they want?

No, landlords must typically provide reasonable notice before entering, except in emergencies.

4. Can a landlord evict me without a reason?

No, a landlord must have a legal reason to evict a tenant.

5. What if my landlord refuses to make necessary repairs?

You have the right to withhold rent or 'repair and deduct,' but make sure to consult with a legal expert first.

6. Can my landlord increase my rent at any time?

No, the terms of rent increase should be outlined in your lease agreement and must follow local and state laws.

7. What can I do if my landlord won't return my security deposit?

You can take your landlord to small claims court if they refuse to return your security deposit without a valid reason.

8. How can I protect myself from landlord harassment?

Keeping a record of all interactions with your landlord can be useful evidence in case of disputes or legal proceedings.

9. Can my landlord charge me for ordinary wear and tear?

No, landlords should not deduct costs for normal wear and tear from your security deposit.

10. Can a landlord enter my property for an inspection?

Yes, but they usually need to give you notice and perform the inspection at a reasonable time.