Tenant Rights: Security Deposits, Repairs and Evictions
This guide is general information, not legal advice. Laws differ from state to state and change over time. For advice about your situation, talk to a licensed lawyer in your state.
Most rules between landlords and tenants come from state and local law, plus the lease you signed. The details vary a lot from place to place, but some basic protections apply almost everywhere. This guide covers the issues renters ask about most.
Read your lease
Your lease is a contract. It sets the rent, due date, late fees, length of the tenancy, rules about pets and guests, and who handles which repairs. Keep a signed copy. A lease cannot take away rights that state or local law gives tenants; terms that try to do so are often unenforceable.
Security deposits
- Limits: many states cap how much a landlord can charge, often one or two months’ rent.
- Move-in record: photograph or video every room when you move in, and give the landlord a written list of existing damage. Do the same when you move out.
- Return deadline: after you move out, state law gives the landlord a set time, commonly between two weeks and two months, to return the deposit or send an itemized list of deductions.
- Allowed deductions: usually unpaid rent and damage beyond normal wear and tear. Faded paint and minor scuffs are generally normal wear and tear.
- Penalties: in many states, a landlord who wrongfully keeps a deposit can owe the tenant extra damages.
Repairs and habitable housing
In most states, landlords must keep rental homes “habitable,” meaning safe and fit to live in. That generally includes working plumbing, heat, hot water and electricity, a weather-tight structure, and freedom from serious pest infestations and hazards.
- Request repairs in writing and keep a copy, with photos of the problem.
- Give the landlord reasonable time to fix it.
- Some states allow remedies such as “repair and deduct” or withholding rent for serious problems, but the rules are strict. Withholding rent without following your state’s procedure can lead to eviction. Check local law or talk to a lawyer or tenant organization first.
- Local housing or code enforcement offices can inspect serious conditions.
Discrimination is illegal
The federal Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, familial status (having children) or disability. Many states and cities add more protected groups. Tenants with disabilities can request reasonable accommodations, such as an exception to a no-pets rule for an assistance animal.
Privacy
Landlords can usually enter for repairs, inspections and showings, but many states require advance notice, often 24 to 48 hours, except in emergencies.
How evictions work
A landlord generally must go through the court process to evict a tenant. The usual steps are:
- A written notice, such as a notice to pay rent or move out, with a deadline set by state law.
- If the tenant does not comply, the landlord files an eviction lawsuit.
- The tenant is served and has the right to respond and appear at a hearing.
- If the landlord wins, the court issues an order, and a sheriff or marshal carries out the eviction.
In most states, “self-help” evictions are illegal. A landlord generally cannot change the locks, remove your belongings or shut off utilities to force you out. Many states also protect tenants from retaliation for complaining about conditions or contacting housing authorities.
If you receive an eviction notice
- Do not ignore it. Deadlines to respond to an eviction lawsuit are often very short.
- Go to every court date. Missing a hearing usually means losing automatically.
- Look for rental assistance programs and free legal aid. Many areas have tenant hotlines or right-to-counsel programs.
- Talk to a landlord-tenant lawyer if you have defenses, such as improper notice, unrepaired conditions or retaliation.
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