Tenant Rights: What Landlords Can and Can’t Legally Do
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Understanding Tenant Rights: What Every Renter Needs to Know
Whether you're signing your first lease or have been renting for years, understanding your rights as a tenant is essential to protect yourself and maintain a fair relationship with your landlord. Rental laws vary by state, but across the U.S., tenants have basic legal protections—some of which are frequently misunderstood or overlooked by both landlords and renters.
Tenant rights protect renters from unlawful landlord behavior—and knowing what landlords can and can’t do can save you from costly disputes. In this guide, we break down what landlords can and can’t legally do, so you know exactly where you stand.
Legal-ish Disclaimer: We’re lease geeks, not legal eagles. So before you sue your landlord or draft a manifesto, consult an attorney.
What Landlords Can Do (Within Legal Limits)
1. Collect Rent and Security Deposits
Landlords have the right to collect rent on time and charge a security deposit, typically equal to one or two months’ rent. However, state laws often limit how much a landlord can collect and how quickly they must return the deposit after move-out.
Pro-Tip: Always get a receipt or confirmation for any payments—especially for your security deposit. For a breakdown of rules in your area, check out this guide to security deposit laws from Legal Aid at LawHelp.org.
2. Screen Potential Tenants
Landlords can run background checks, verify income, and check credit history—as long as they follow the Fair Housing Act and state-specific tenant screening laws.
They cannot discriminate based on race, religion, national origin, sex, disability, or familial status.
3. Enter the Property — With Proper Notice
Landlords have the right to access the rental property for repairs, inspections, or showings. However, they must provide reasonable notice, usually 24–48 hours, depending on local laws.
They cannot show up unannounced, except in emergencies like a fire or flood.
"Understanding your rights as a renter is key to protecting your peace of mind—and your housing."
4. Enforce Lease Terms
If you violate your lease—for example, by having unauthorized pets or failing to pay rent—the landlord can take legal steps, including issuing notices or pursuing eviction (through proper legal channels).
5. Raise the Rent (With Notice)
In most cases, a landlord can raise the rent after the lease ends or during a month-to-month tenancy—but only if they give proper written notice (usually 30 days).
Pro-Tip: Landlords do have rights—but they come with legal responsibilities, too. For a national overview, check out NOLO’s guide to landlord rights and responsibilities.
What Landlords Can’t Do (These Are Violations)
1. Enter Without Permission (Except in Emergencies)
Unless there's a serious issue like a burst pipe, landlords cannot enter your unit without advance notice—even if they own the property.
2. Shut Off Utilities or Lock You Out
Trying to force a tenant out by shutting off heat, water, or electricity is illegal in every state. This is called a “constructive eviction” and gives you the right to take legal action.
3. Discriminate Against You
Under the Fair Housing Act, landlords cannot refuse to rent, evict, or impose different terms on tenants based on protected characteristics:
Race
Religion
Gender
National origin
Disability
Family status
Sexual orientation and gender identity (protected in many states)
4. Retaliate for Complaints
If you report code violations or request necessary repairs, your landlord cannot retaliate by raising your rent, threatening eviction, or otherwise punishing you.
Many states have “anti-retaliation” laws protecting tenants from this exact behavior.
5. Keep Your Security Deposit Unfairly
Landlords must itemize and justify any deductions from your security deposit. They also must return it within a legally defined timeframe (often 30 days after move-out).
Pro-Tip: Take move-in and move-out photos for documentation—and don’t forget to keep a copy of your lease and all communication. Want to make sure you get your deposit back? Check out our full guide: Tips for Protecting Your Security Deposit.
Know Your Lease—and Your Local Laws
While this article covers general rights and rules, lease terms and landlord behavior must also comply with state and local laws. Your lease can’t override legal protections.
For example:
In Michigan, landlords cannot charge more than 1.5 times the monthly rent as a security deposit—it's the legal maximum.
In California, landlords can’t charge more than two months’ rent for an unfurnished unit.
In New York, tenants are entitled to a “warranty of habitability”, ensuring the home is livable.
In Arizona, landlords must give tenants at least 48 hours’ notice before entering the rental unit, except in emergencies—state law strictly enforces this.
Pro-Tip: Check with your local housing authority or a legal aid organization if you suspect your rights are being violated.
What to Do If Your Rights Are Violated
Document Everything: Take photos, save emails, and keep notes on interactions.
Send a Written Request: Start with a calm, professional written complaint.
Contact Local Tenant Support: Many cities offer tenant advocacy groups.
Seek Legal Help: If the issue persists, consider small claims court or consulting a landlord-tenant attorney.
Bottom Line
Understanding your rights as a renter is key to protecting your peace of mind—and your housing. A respectful landlord-tenant relationship starts with knowing the law, enforcing fair lease terms, and communicating clearly.
If you feel your landlord is crossing a legal line, don’t stay silent. Know your rights, and take action when needed.
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About the Author Ricardo Reis - Learn About Ricardo
Entrepreneur, Inventor, Investor, Military Veteran. Ricardo is a member of G3 Management & Investments a division of Great Lakes Real Estate and a real estate professional. He is a successful real estate investor and property professional with over 15 years of experience.
NOT INVESTMENT, FINANCIAL, LEGAL, TAX, OR OTHER ADVICE: This blog is for informational purposes only and not a substitute for professional advice. We do not offer advice, solicitation, recommendations, or endorsements. You are solely responsible for evaluating the information's merits and risks. Always consult a qualified professional before acting.