Landlord & Renters’ Rights: What a Landlord Cannot Do

Most Americans prefer to rent a house instead of buying one. They do it because it has many advantages. If you  want to rent a property, you must follow the rules and learn all about the renters' rights.

To ensure the rental market is fair, we must protect the houses of both landlords and renters. If you wish to upgrade your living situation, determine your state's renters’ rights. 

As a renter, knowing what a landlord can't do is important. Read your state's local landlord and tenant laws carefully before renting to or from someone since sections of landlord and tenant law might differ from state to state.

U.S. federal landlord-tenant laws provide substantial protections for tenants and landlords. The Fair Housing Act and the Americans with Disabilities Act protect disabled renters from prejudice.

Landlords must protect security payments and tell renters if a rental unit was built before 1978 and has lead paint. Federal law says that renters can't be punished for standing up for renters' rights, and the Fair Credit Reporting Act says how to screen tenants.

Even though removal laws are usually handled at the state level, landlords must know renters’ rights and follow the rules set by federal law. To have a fair and proper relationship with your landlord, you need to be aware of federal landlord-tenant laws.

When it comes to government landlord-tenant rules and renters’ rights in the United States, there are a few important things to keep in mind:

As part of a tenancy agreement and renters’ rights, landlords are not allowed to do any of the actions mentioned below.

When someone is treated poorly because of who they are, it is known as discrimination. According to the Fair Housing Act (FHA), ignoring the renters’ rights and treating them unjustly is illegal. Discrimination happens when:

Whatever a tenant's ethnicity, gender, nationality, disability, or family situation, a landlord must treat them with respect and fulfill the renters’ rights. Any of these conditions may lead to legal action. These rules support variety and equality. How? By ensuring everyone has the same rights to a good standard of life.

Property owners must take reasonable steps to protect renters’ rights and keep the person’s home safe for tenant occupancy. Repairs must be made promptly, especially when the living conditions affect the tenant’s physical health and safety. Such cases include:

Although property owners typically wait to make repairs until their insurance company covers the damage claim and protects renters’ rights, the landlord should—as soon as possible—repair damages that are caused by emergencies or natural disasters, such as

• Floods;
• Fires; 
• Hurricanes or other storms.

The security deposit that a tenant pays to a landlord is meant to reimburse the landlord for:

While most states limit the amount a landlord can collect, a few states have no such limit, which slightly decreases renters’ rights. However, in all states, a landlord must return the finances to the tenant if there are no issues.

Where there are damages or unpaid rent to attach the security deposit, the landlord must send the tenant an itemized receipt and return the remainder, if any. A landlord cannot withhold the security deposit without letting the tenant know how it is being used –– this is against renters’ rights. Some states also permit using the security deposit as an investment. However, when the lease ends, the landlord should have the deposit returned to the tenant when the conditions are met, according to renters’ rights.

Once a property owner rents  to a tenant, the landlord’s rights  are limited. The renters’ rights include living on the property without intrusion and retaliation. This right to quiet enjoyment bars the landlord from entering the home without giving proper notice unless there is an emergency.

When a landlord plans to enter the property to make repairs, conduct inspections, or show the property to future tenants, the tenant must know, regardless of whether the tenant will be present. If the landlord fails to inform the tenant, entering the premises can be considered trespassing.

According to federal law and renters’ rights, landlords need to provide their tenants with a rental unit that is liveable. What is considered an inhabitable property generally varies from state to state. Still, all premises must have specific basic requirements, such as running water, heating, plumbing, lockable doors and windows, and smoke detectors, according to local building codes. Landlords cannot neglect these necessities.

A landlord may want to evict a tenant for many different reasons, but the primary reason is typically when a tenant breaches the terms of the lease and neglects their rights. To expel, the landlord must notify the tenant using a notice of lease termination. What constitutes adequate notice may vary, but a typical starting point is at least 30 days.

To evict a tenant and keep their renters’ rights unviolated, the landlord must follow these steps:

Renters may be able to defend their renters’ rights to remain on the property, especially if the landlord does not follow the proper eviction process.

A landlord may have a copy of the key to the tenant’s apartment, but they cannot use that key to invade the tenant’s privacy. Changing the locks and effectively keeping the tenant out of the property can also constitute an illegal eviction and violate renters’ rights.

When inflation grows and costs increase, property owners may need to raise rent to cover those costs. However, a landlord cannot increase rent without sufficient notice to the tenant. The property owner must write a rent increase letter that would reasonably notify the tenant.

If any utility or other service is included in the rental agreement, the landlord may not turn off these services without proper reason and notice. Being without these services may render the property uninhabitable or force the tenant to leave, which can be considered an illegal eviction and a breach of the renters’ rights.

A landlord must disclose certain information about the property's condition, specifically any that may affect the tenant’s health or safety and the renters’ rights.

Retaliation is when an owner does something terrible to a tenant because the tenant stands up for their rights under the law. Any kind of retaliation is against the law and would violate the renters’ rights. There may be things like

• Removal threats;
• Abuse; or
• The sudden and unjustified lease end.

Federal and state laws protect renters’ rights and defend tenants from punishment. Landlords must treat tenant concerns fairly and reasonably, encouraging respect and cooperation.

Whether you are a landlord or a tenant, it helps to know the renters’ rights and what a landlord can and cannot do. The following are some things that landlords can do regarding their properties:

Tenants can take legal action against their landlords if they breach the lease’s terms and their renters' rights. A lease agreement is a legally binding contract that may help tenants remind landlords of the terms and rights of both parties. Therefore, the tenant can take legal action if the landlord breaches the lease terms and may sometimes be awarded damages.

It may be tempting to take legal action when the relationship with the landlord is strained due to violating the lease agreement and the renters’ rights. However, given the limitations of lawsuits, the tenant may wish to send the landlord written notice of the violation to prevent further breaches and allow them to correct the issue. A tenant may also opt for third-party mediation before taking other legal action.

Landlord and tenant laws generally vary by state. Therefore, tenants should stay informed regarding renters’ rights and landlords’ obligations. Be sure that the terms of the lease are clear before signing. As a tenant, you will want to be aware of illegal things landlords do and what you can do about it. When in doubt, you may wish to seek legal advice from an experienced attorney.