What Are Your Rights as a Tenant?
According to 2019 data from the U.S. Census Bureau, there are nearly 44.1 million renter households nationwide. With so many people renting, fair and equitable access to rental housing is paramount.
“Historically, a lease gave a tenant the right to use the property in exchange for payment of rent, and the landlord had few obligations to the tenant,” Professor Andrew Scherer of the New York Law School says. This has changed in most parts of the U.S. According to Scherer, “Leases are now treated by law as a contract with mutual obligations for each party regardless of what the lease says.”
Despite the protections you have, there are still bad-actor landlords who take advantage of their tenants. Before you pack all your belongings into a moving truck and head towards a new rental, make sure you know your rights as a renter. To help renters understand their next steps, we consulted the following experts in law and housing policy:
- Andrew Scherer, professor of law and policy director of the Wilf Impact Center for Public Interest Law at New York Law School
- Ryan Sullivan, professor of law at the University of Nebraska-Lincoln
- Carl Gershenson, director of the Eviction Lab at Princeton University
Tenant Laws and Rights
Tenant rights vary depending on which state you live in. Although every renter has a right to fair housing and protection against discrimination, resources and local laws differ based on exactly where you live.
It’s illegal for a landlord or rental company to deny you housing based on race, age, religion, sex, family status, national origin, or mental and physical disability. “Some jurisdictions also provide protections based on marital status, gender expression, sexual orientation, lawful occupation, source of income, and alienage or citizenship status,” Scherer says.
If you have a disability when you apply for housing, the landlord is required to offer reasonable accommodations, such as leasing you a ground-level unit, installing ramps, or making other updates to improve accessibility.
Under the Fair Credit Reporting Act, you’re entitled to a report explaining why you were denied housing should the landlord reject your application based on information in your credit report. Landlords must also disclose any lead paint on the premises before you sign a contract.
However, “the fact that these laws are on the books does not mean that discrimination doesn’t continue to exist,” Scherer says. If you feel that a landlord has unlawfully denied you housing or has violated the terms of your lease, you have the right to take legal action.
Fair Housing Act
The Fair Housing Act (FHA) is a federal law that was enacted in 1968 as part of the Civil Rights Act. The FHA guarantees equal opportunity and access to housing regardless of race or color, religion, sex, national origin, familial status, or disability. FHA violations can result in legal action, so you should understand your rights as a renter.
The FHA exists to prevent discrimination in housing-related activities. Here are some key takeaways to understand during your rental search:
- Prohibition of discrimination: The FHA prohibits discrimination in the sale, rental, financing, and advertising of housing based on race, color, religion, sex, familial status, national origin, or disability.
- Fair housing enforcement: The law empowers the Department of Housing and Urban Development (HUD) to investigate complaints of housing discrimination and take legal action against anyone who violates it.
- Accessibility requirements: Housing must be accessible to individuals with disabilities, meaning landlords must make reasonable accommodations and modifications.
- Affirmative fair housing marketing: Landlords must ensure that their housing is marketed and made available to all eligible individuals, regardless of the characteristics mentioned above.
The Right to a Livable Home
Whether you pay $600 a month for rent or $6,000, you have a right to safe and habitable housing conditions. Also known as a “warranty of habitability,” this right means that your landlord is responsible for making sure you have access to the following basic needs in your home:
- Floors, walls, and a roof that are up to code
- Heat during winter months
- Hot water
- No dangerous exposure to lead, asbestos, or mold
- Protection from criminal intrusions, such as working locks
- Safe and reliable electricity
- Safe drinking water
- Sanitary conditions free of insect and rodent infestation
- Working ventilation
These conditions are protected under safe housing laws, but that doesn’t mean all landlords or housing companies follow them. Sullivan has seen some landlords employ “bait and switch” tactics and has represented tenants who’ve been victims of this practice.
“It has become common practice for landlords to have a ‘model’ apartment that they present online or allow potential tenants to tour,” Sullivan says. He explains that this leads tenants to believe the apartment they move into will be of the same quality and condition when, too often, that isn’t the case. “Landlords know that most tenants will often have no choice but to accept the unit as is when they arrive to move in because they have already moved out of their prior housing and often have all their belongings in a truck, ready to move into their new home,” Sullivan says. He recommends demanding to see the actual unit you’ll be renting.
Security Deposit Rights
You typically pay a security deposit to rent a property, often one or two months’ rent. This deposit is meant to cover damages, unpaid rent, or any breaches of your rental agreement. Laws set limits to the security deposit and mandate its return within a certain period, usually 14–45 days after your move-out date.
If you leave damages beyond normal wear and tear, a security deposit can be used to pay for repairs. Typically shown as an itemized list of deductions, you can see how much of the deposit was used for repairs and what it was used to cover. If there are deductions you don’t agree with, you can dispute those charges. You have a right to take the landlord to small claims court if they withhold your security deposit or refuse to give you an itemized list of deductions.
Eviction Rights
As a tenant, you’re protected against wrongful evictions. A landlord can only evict you for a valid reason. The following are legitimate reasons for a landlord to terminate your lease:
- Breach of your rental agreement, such as pets or people not allowed to live there
- Criminal activity on the property
- Damage to the property
- Nonpayment of rent
If you get evicted, the landlord must provide a written notice and give you a reasonable amount of time to fix the issue before going to court. Once the eviction has been filed, you’ll have the chance to appear in court and present your side of the story.
Common Rental Fees From Landlords
Aside from monthly rent, you may be surprised by additional fees that can add up. “You might be charged maintenance fees, trash fees, recreation and facilities fees, parking fees, and even ‘convenience’ fees for using the property’s payment portal,” Gershenson says. To avoid sticker shock, familiarize yourself with these common extra charges from landlords.
Application Fees
An application fee is a non-refundable fee you pay when applying for an apartment. It covers the cost of your background check, credit check, and rental history. Application fees typically range from $20–$70 or more per rental unit. It’s illegal to charge a rental application fee in two states: Massachusetts and Vermont.
Security Deposit
Your security deposit is money that’s generally returned to tenants once they move out of their rental unit. This fund is designed to cover the cost of damage to the property or unpaid rent should a tenant fail to pay or leave the property in violation of the rental agreement.
First and Last Month’s Rent
Instead of a security deposit—or potentially on top of it—you may be responsible for covering the first and last month’s rent. This money is applied to what you owe for rent.
Move-In and Move-Out Fees
Depending on the rental complex, you may need to pay a move-in fee of 20%–50% of one month’s rent. Move-out fees are more common and typically cost between $150 and $350. If you move to a different unit within your apartment complex, you may be charged a transfer fee.
Pet Fees
“Many pet owners find themselves surprised by high pet fees,” Gershenson says. Pet fees can amount to as much as $600 per pet. These fees are often nonrefundable and differ depending on the type of pet. Cat fees may be several hundred dollars less than dog fees.
In addition to the one-time pet deposit, you may have to pay a monthly pet rent. This can increase your rent by as much as $100 per pet but could be as low as $15–$20, depending largely on the apartment complex.
Parking Fees
Most rentals—especially in cities—charge fees for parking spaces. These spaces may be outdoors, in an underground garage, or for a personal garage unit. The cost of these parking fees depends on your landlord. Expect to pay $150–$500 in large urban areas. Apartments in suburban areas may offer parking spots as part of your rent or for up to $75.
Elevator Fees
Meant to cover the cost of potential damages, some condos and high-rises may charge an elevator fee when you move into or out of an apartment. This may be a refundable deposit instead of a nonrefundable fee.
Administrative Fees
When you apply for an apartment and move in, you’re likely to see some administrative fees. These extra charges can add hundreds to your bill but may sometimes be applied to future rent.
Pay Attention To Your Lease and Added Fees
Renters should pay closest attention to the lease itself. The lease is a binding legal document and breaking it could lead to hefty fees or an appearance in court. Aside from lease terms, be aware of added costs that may hike your monthly rent far above the initial list price.
“Another common tactic of landlords is to advertise a low rent amount, and then once they have the tenant committed, they present them with a lease containing numerous add-on charges,” Sullivan says. Here’s his list of fees to look for:
- Amenity fees
- Common area fee
- Convenience fee (for being able to pay rent through a portal)
- Facilities fee
- Garage fee
- Internet or cable fee
- Parking fee
- Pet fees
- Renters insurance fees
- Risk mitigation fee
Rising Rental Prices in the U.S.
Compared to the average annual wage increase of 3.7% per year over the past 40 years, the quick rise in the cost of rent has become an issue. The U.S. is in the middle of a profound crisis where annual wages have largely failed to keep pace with rising rents. The past 30 years have seen a hasty and continued increase in rent that shows no indication of stabilizing.
High rental prices mean renters may exceed the recommendation of spending no more than 30% of their monthly income on rent. What’s more, there is great competition for rental units. High demand allows rental companies to set steeper prices, driving the cost up further.
How To Resolve a Landlord and Tenant Dispute
When you’re in a rental dispute, understand tenant rights. “If you anticipate any kind of dispute with your landlord, it is vital that you document your payments and communications with them,” Gershenson says. Rent receipts, copies of correspondence, and records of maintenance requests or repairs can serve as physical evidence should the dispute escalate.
Scherer highlights the power of collective action in addressing common rental problems. Forming or joining a tenants’ association can amplify your voice and increase your effectiveness in negotiating with the landlord. Local community organizations may offer support and resources for tenants who want to establish associations and build strategies to address unfair treatment. If you suspect that your landlord is treating you unfairly, Sullivan suggests reading tenant acts specific to your state along with contacting legal clinics for help.
In the event of a dispute where rent withholding becomes necessary due to landlord breaches, become familiar with your state law. Some states offer the option to deposit rent into escrow to ensure that tenants fulfill their financial obligations while holding landlords accountable for their responsibilities. This proactive approach safeguards against eviction for nonpayment and provides a structured process for resolving disputes while upholding your tenant rights.
Our Conclusion
With the increase in renting households, understanding fair housing laws and lease agreements is necessary to know your rights in case the landlord acts illegally. Landlords may exploit tenants despite legal protections, so awareness and action offer protection for the millions of renter households in the U.S.
Our Experts
- Andrew Scherer is a professor of law and the policy director of the Wilf Impact Center for Public Interest Law at New York Law School, where he directs the Housing Rights Clinic and co-directs the Housing Justice Leadership Institute. Scherer plays a prominent role in housing policy, access to justice, and other public interest matters. In 2017, the efforts of Scherer and others led to New York City legislation establishing a right to counsel in eviction cases, the first such legislation in the U.S. As of March 2024, 18 other localities and three states have adopted similar legislation. Scherer is the author of “Residential Landlord-Tenant Law in New York,” published by Thomson Reuters, and of numerous other publications. He was the executive director of Legal Services NYC from 2001 to 2010 and has taught at a number of other institutions in addition to New York Law School. Scherer is a graduate of the University of Pennsylvania and New York University Law School.
- Ryan Sullivan joined the University of Nebraska-Lincoln College of Law faculty in August 2013 as a supervising attorney in the civil clinical law program. He received his B.A. from Colorado State University-Pueblo while completing his enlistment in the U.S. Army, majoring in business administration. Thereafter he attended Pennsylvania Western University, California, where he obtained his master’s in health sciences. After a career in the fitness industry, he enrolled at University of Nebraska-Lincoln College of Law, where he served as editor of the Nebraska Law Review, chair of the Moot Court Board, and a member of the National Trial Team. Following graduation, Sullivan joined the law firm of Kinsey, Rowe, Becker, and Kistler where he practiced in the area of general civil litigation. As director of the civil clinic, Sullivan supervises student attorneys providing legal services to veterans and underserved populations in the areas of tenant rights, debt collection defense, criminal record rehabilitation, estate planning, family law, and other civil matters. Sullivan also manages the Advance Directive Clinic (ADC) Project, wherein civil clinic students provide basic estate planning services to older adults in rural and semirural communities around Nebraska. Sullivan also supervises several outreach projects within the civil clinic including the Clean Slate Project, the Veterans Advocacy Project, the Tenants’ Rights Project, and the Family Law Project.
- Carl Gershenson is director of the Eviction Lab at Princeton University. He has published on the causes and consequences of housing instability, with a special focus on how eviction leads to further economic and residential insecurity. He received his Ph.D. in sociology from Harvard University, where his dissertation explored the political and cultural origins of the American business corporation. After graduation, Gershenson joined the sociology department at Washington University in St. Louis as a postdoctoral research fellow.
FAQ About Tenant Rights
Can a landlord break a lease?
Yes, a landlord can break a lease, but only for certain circumstances, such as unpaid rent by the tenant. If a landlord wishes to terminate a lease for other reasons, it must have been agreed upon in the lease agreement.
How much can a landlord raise rent?
How much a landlord can raise rent depends on your state and county and whether you have rent control laws. Some states have no limit, but landlords must give appropriate notice.
How can I sue my landlord for unsafe living conditions?
To sue your landlord for unsafe living conditions, you first need to gather evidence, such as pictures and written documentation. Next, notify your landlord of the problems. If they don’t fix the problems within a designated and reasonable amount of time, reach out to an attorney.
