What Can a Landlord Not Do?

Leases give landlords many rights, but federal, state and local laws set limits that cannot be waived in the lease.

Landlords cannot discriminate

The federal Fair Housing Act prohibits discrimination in renting based on race, color, religion, sex, national origin, familial status (families with children) and disability (42 U.S.C. 3604). That includes refusing to rent, setting different terms, false statements about availability, and refusing reasonable accommodations for disabilities, such as assistance animals. Many states and cities add more protected classes, such as source of income.

Landlords cannot evict you themselves

In nearly all states, a landlord must go through the court eviction process. "Self-help" evictions are illegal, including:

• Changing the locks
• Removing your belongings or doors
• Shutting off water, heat or electricity
• Threatening or harassing you to leave

See what to do when you get an eviction notice.

Landlords cannot retaliate

Many states prohibit raising rent, cutting services or starting an eviction because you complained about conditions, contacted code enforcement, or joined a tenant group (Cornell LII). Some states presume retaliation if the action follows a complaint within a set time.

Landlords must keep the home habitable

Most states recognize a warranty of habitability: the rental must be safe and fit to live in, with working plumbing, heat, electricity, and freedom from serious hazards (Cornell LII). See if your landlord won't make repairs.

Landlords must respect your privacy

Many states require advance notice, often 24 hours, before non-emergency entry, and entry only at reasonable times for legitimate reasons. Emergencies are an exception.

Security deposit rules

Many states cap deposit amounts, set deadlines to return deposits and require itemized deductions. Normal wear and tear cannot be charged. See how to get your security deposit back and your state's rules under state laws.

Other common limits

• Late fees may be capped or must be reasonable in many places.
• Rent increases may require notice, and some cities have rent control.
• Leases cannot waive your right to habitable housing or to go to court.

What tenants can do

Keep everything in writing, document problems with photos, and contact local code enforcement or a fair housing agency. Use our move-in and move-out checklist. A real estate lawyer or tenant legal aid office can advise on your rights.

Sources

1. Cornell Law School LII: 42 U.S.C. 3604, Discrimination in the sale or rental of housing
2. Cornell Law School LII: Warranty of habitability
3. Cornell Law School LII: Retaliatory eviction