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Your Rights as a Renter: What Landlords Can and Can't Do

5/19/2025

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Your Rights as a Renter: What Landlords Can and Can’t Do
Whether you're renting an apartment, house, or commercial space, it's important to know your rights as a tenant. Landlords do have certain powers—but they also have legal limits.

What Landlords Can Do:
1. Set Rules in the Lease
Landlords can include rules about:
  • Pets
  • Noise
  • Smoking

Maintenance responsibilities
But: These rules must comply with local laws and be applied equally.

2. Collect Rent and Security Deposit
They can:

Set the rent amount

Require a security deposit (within legal limits)
Security deposits are usually capped (e.g., 1–2 months’ rent) and must be returned with an itemized statement after move-out.

3. Enter the Property — With Proper Notice
Landlords can enter:

For repairs or inspections

To show the property to new tenants or buyers
But: They must give advance notice (typically 24–48 hours) unless it’s an emergency.

4. Evict Tenants — For Legal Reasons Only
Legal reasons include:
  • Nonpayment of rent
  • Lease violations
  • Property damage

But: They must follow the legal eviction process—no lockouts or shut-offs.

What Landlords Can’t Do:
1. Enter Without Notice or Permission
Unless there’s an emergency (like a fire or flood), unannounced entry is illegal.

2. Retaliate Against You
  • It’s illegal for landlords to retaliate because you:
  • Report code violations
  • Join a tenants’ union
  • File a complaint or lawsuit

3. Discriminate Against Tenants
Under Fair Housing laws, landlords cannot discriminate based on:
  • Race
  • Religion
  • Gender
  • Disability
  • National origin
  • Family status (like having kids)
  • Sexual orientation (in many states)

4. Refuse Necessary Repairs
Landlords must:

Keep the rental in habitable condition

Address serious health/safety issues (heat, plumbing, mold, etc.)
You may have the right to withhold rent or pay for repairs and deduct (depending on your state).

5. Raise Rent Illegally
In rent-controlled or rent-stabilized areas, increases must follow strict rules.
Even in non-controlled markets, proper notice is required (typically 30 days+).

What You Can Do as a Tenant:
Document everything (emails, texts, maintenance issues)

Know your local tenant laws

Report violations to your housing authority

Join a tenant advocacy group if needed

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