How to Protect Your Rights As a Tenant

You need to protect your rights at each stage of the landlord-tenant relationship, beginning with the rental process. For example, the landlord might try to discriminate on the grounds of a protected characteristic by asking you questions about your national origin or religion. Later on, your landlord might refuse to make necessary repairs. Your landlord might even try to evict you for no reason. To protect yourself, you need a firm understanding of your rights and learn how to assert them.

Part 1

Part 1 of 4:

Protecting Your Rights during the Rental Process

1
Read the application closely. Your landlord may ask that you fill out an application during the rental process. You should read the application closely. There are some questions a landlord should not ask, because he or she might use the information in a discriminatory manner. Inappropriate questions include the following:^{[1]XResearch source}
- your national origin
- how many children you have
- whether you are disabled
- your religion
2
Challenge inaccurate credit information. Your landlord might run a credit check on you as part of the application. If you are rejected because of your credit, your landlord must tell you in writing that you were rejected for that reason.^{[2]XResearch source}
- The landlord must also tell you in writing the name of the credit reporting agency which it used. You can then get a free copy of your report from that credit reporting agency.^{[3]XResearch source}
- You can then challenge the credit information if it is inaccurate.
3
Get a lease in writing. Some landlords might prefer an oral agreement.^{[4]XResearch source} However, it is important that you try and get a written lease. A signed, written lease is a contract between you and your landlord.
- Once you get your lease, read it closely. Make sure that you agree with everything in the lease before signing. If you violate a provision of your lease, your landlord can evict you, so it is important that you agree with all obligations in the lease.
- Bring any disagreement to the attention of your landlord. Talk about why you don’t agree with the provision. For example, the lease might state that you can’t have a pet when you want one.
- Initial all changes on the lease before signing. Keep a copy for your records.
4
Ask what happens to any security deposit. State or city laws often regulate what your landlord can do with any security deposit. For example, your state might require that the landlord report annually how much interest your security deposit has accrued.^{[5]XResearch source}
- The law might also require the landlord to apply the interest to your rent once a year. Be sure to ask what happens to your security deposit if your lease does not explain.
5
Take photos before moving in. You want to make sure that you document the condition of the apartment before you move in.^{[6]XResearch source} This way, you will have proof if there is damage. You don’t want your landlord to turn around and claim that you caused the damage during your tenancy.
- Some landlords will give you a checklist and ask you to walk through the apartment. You can then note on the list anything wrong with the apartment. Although you might be anxious to move in, you really should set aside some time to go through the apartment thoroughly and note any problems.
- Look for scuff marks on the floor, holes in the wall (no matter how small), loose bathroom tiles, etc.
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Part 2

Part 2 of 4:

Protecting Your Rights as a Tenant

1
Read your state law. Your lease sets out one set of obligations for your landlord. However, all states (and many cities) have created their own list of obligations. These laws supplement your lease. For example, the law in Texas requires that an apartment have window latches, dead bolts on exterior doors, and door viewers.^{[7]XResearch source}
- Search online for your city or state housing code. Type “your state” and “housing code” to find the applicable law.
- You might also want to stop into your town or county office, which might have a handout or other information on housing code requirements.
2
Pay your rent promptly. You will be able to protect your rights much better if you always pay your rent on time. Make sure to pay the full amount before it is due.
- Failure to pay rent is a pretty good reason to evict someone. For this reason, you should always pay your rent promptly.
- If you pay in cash, then make sure to get a rent receipt from the landlord.
3
Guard your privacy. You have the right to the quiet enjoyment of your property.^{[8]XResearch source} This means that your landlord cannot enter your apartment without first giving you sufficient notice. Your state law will define how much notice is sufficient.^{[9]XResearch source}
- Typically, your landlord must give you written notice 24 hours in advance.
- If your landlord does not give you sufficient notice, then you should immediately write your landlord to complain. See Claim a Tenants’ Rights Violation for tips on what you should write.
4
Request reasonable accommodations. Disabled tenants have a right to request reasonable accommodations from their landlord, and your landlord must provide those accommodations. Be sure to make any request in writing.
- The request must be “reasonable.” You cannot, for example, demand that your landlord install an elevator in a three story walk-up. That is an unreasonable accommodation because it imposes an “undue burden” on the landlord. In that situation, you probably have to move.
- However, requests for non-burdensome accommodations should be granted. For example, a blind person who wants a service animal should be able to get an accommodation for his service dog.
- A landlord should also accommodate a disabled tenant’s parking needs. Although the landlord might not assign parking spots, he should reasonably accommodate the disabled tenant by assigning a parking spot close to the tenant’s apartment.
5
Ask that repairs be made promptly. You should promptly tell your landlord when something is wrong in the apartment. Your landlord has a legal obligation to make sure that the apartment’s condition does not impair your health or safety.^{[10]XResearch source}
- Your landlord must make repairs promptly. If he doesn’t, then you should read your state law to find out what next steps to take. In some states, you can make the repairs yourself and then deduct the cost from your rent.^{[11]XResearch source}
- Depending on your state, you might also be able to sue. The judge will order the landlord to make repairs.
6
Write everything down. In order to successfully protect your rights, you should always document your communications with your landlord. Ideally, you will get an email address so that you can send emails. However, if the landlord does not have email, then make sure to deliver written letters.
- Always follow up a phone conversation with a letter. Mail any letter certified mail, return receipt requested.^{[12]XResearch source}
- The purpose of always putting communications in writing is to protect you. Many disputes turn on whether you promptly notified the landlord of a problem. Your landlord can always claim that he didn’t know that something was wrong with your apartment. Your written communication is proof that you gave the landlord notice.
7
Contact your state health department. Your apartment may be unsanitary or unsafe. If your landlord refuses to make repairs, then you can contact the appropriate housing authority and complain.^{[13]XResearch source}
- To find the agency, search the Internet for “your city” or “your state” and “building health and safety.” You can also look in your phone book under city services.
- The department might send out an investigator to your property. Try to meet with this person and try to get a copy of any report they fill out.
- It is illegal for your landlord to retaliate against you for complaining about the health or safety of your apartment. If you feel that you have been retaliated against, then contact a lawyer.
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Part 3

Part 3 of 4:

Protecting Your Rights when you Leave

1
Give proper notice. Your lease should tell you how much notice you must give in order to terminate your tenancy. Follow the lease requirements.
- It is important to leave on good terms because you might need to use the landlord as a reference in the future.
- You should probably write a letter when telling your landlord that you are leaving. In the letter, include your address and unit number. Tell the landlord the date you will be moving out.^{[14]XResearch source}
2
Clean your apartment. You should thoroughly clean your apartment before leaving. Make sure to throw out all trash, box up and move all of your personal items (no matter how small), and try to return your apartment to the condition in which you received it.
- Make minor repairs if necessary. For example, you can remove nails and screws from the wall and fill the holes with putty.^{[15]XResearch source}
- After you finish cleaning, make sure to photograph the apartment. You could also walk through with a digital recorder and record the apartment. You will want proof of the condition you left the apartment in if any dispute arises over the security deposit.
3
Get your deposit returned. You are entitled to a return of any security deposit. However, your landlord can also deduct from the deposit to make repairs. Be sure to give a forwarding address where the landlord can send the deposit.^{[16]XResearch source}
- Your landlord cannot deduct from your deposit in order to make minor repairs caused by everyday “wear and tear.” Ask your landlord to provide a written, itemized list of repairs that he had to make.^{[17]XResearch source}
- If your landlord makes improper deductions, then you have the option of suing in small claims court to get back the money the landlord deducted.
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Part 4

Part 4 of 4:

Filing Legal Complaints

1
Get legal help. You should certainly have legal help if you are suing your landlord. A qualified landlord-tenant attorney can advise you on what steps you need to take in order to protect your rights.
- To find a landlord-tenant attorney, ask people you know for a referral. If a friend or family member recommends their lawyer, then you could call and set up an initial consultation.
- You can also get referrals from your state or local bar association.^{[18]XResearch source} Look in your phone book for a number or search the Internet for a website.
- Schedule a consultation with the lawyer. Many landlord-tenant attorneys provide a half hour consultation for free. During the consultation, be sure to discuss your options and also ask about the lawyer’s fees.
2
Complain to HUD. The federal Department of Housing and Urban Development enforces the nation’s anti-discrimination laws with respect to housing. If you feel that you have been discriminated against, then you can file a complaint with HUD.
- Visit HUD’s website at http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/online-complaint. You may also contact your local HUD office, which depends on the state you live in.^{[19]XResearch source} You can also call the national number at 1-800-669-9777.^{[20]XResearch source}
- At the website, you can enter minimal information. A housing specialist will follow up and get any remaining information that is necessary.
- After you file your complaint, HUD will investigate. If HUD finds that the complaint has merit, it will then contact the landlord and investigate your allegations.^{[21]XResearch source}
- HUD might then try to get you and the landlord to come together and reach a settlement. If no settlement can be reached, HUD can then sue the landlord in court or before an administrative law judge.^{[22]XResearch source}
3
File a discrimination lawsuit. You don’t have to file a complaint with HUD. Instead, you can go immediately to court and sue. In order to bring the strongest case possible, you should have a lawyer represent you.
- Lawyers handle housing discrimination cases on “contingency.” Under this arrangement, you don’t pay the lawyer anything in attorneys’ fees. Instead, the lawyer takes a percentage of any amount you win at trial (usually 20-40%). If you don’t win, then the lawyer doesn’t get a fee.^{[23]XResearch source}
- If you file in federal court, then you have only two years to file suit. The clock starts running from the date of the discriminatory violation.^{[24]XResearch source}
- You can win compensation from the landlord. The landlord may also be forced to rent the unit to you.^{[25]XResearch source}
4
Fight an eviction. Your landlord might try to evict you for a frivolous reason. If you have been following the terms of your lease and paying your rent on time, then the landlord cannot try to kick you out. The landlord might not agree to renew your lease, but so long as the lease is in force you should fight any eviction.
- You can defeat an eviction lawsuit in a few ways. First, the landlord might not have followed the proper procedures to evict you.^{[26]XResearch source} Your state law will require that your landlord give you certain notices to either quit the premises or cure any deficiency, such as unpaid rent. If your landlord failed to follow the strict rules for what should be in the notices, you can beat the lawsuit.
- Second, the landlord might have used “self-help,” which is usually prohibited. For example, a landlord cannot change your locks or throw your possessions onto the sidewalk. If your landlord does this, then you can usually win the eviction lawsuit.
- Third, you can quickly cure any alleged violation and stay in the apartment. Pay unpaid rent or stop doing something that violates your lease. Tell the landlord.^{[27]XResearch source}
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