Renting a property? Heads up: you’re operating inside tenant rights and renter protections.
Make a mistake here, and you’d better get ready for complaints, disputes, and even possible legal action.
We’re here to make sure that won’t happen. Here’s a no frills guide to US tenants’ rights:
Fair Housing Act Anti-Discrimination Requirements
Let’s start with the basics: At the federal level, the Fair Housing Act bans discrimination in housing based on protected classes: race, color, religion, sex, national origin, familial status, and disability.
In practice, that means no different terms, steering, harassing conduct, or ads that exclude a protected group. Most housing is covered, with only narrow exemptions.
Reasonable Accommodations and Assistance Animals
A “reasonable accommodation” is a change to a rule or service so a resident with a disability can fully use the housing. Examples include assigned parking, permission to pay rent on a specific day, or allowing an assistance animal where pets are otherwise restricted.
Assistance animals are not pets, so by law, you aren’t allowed to charge pet rent or pet deposits for them. When the disability or need is not obvious, you can request reliable documentation.
Learn more: how to sell a home with a tenant
Tenant Screening and Applications
Set written, objective criteria first, and apply them consistently to every applicant. Keep it to income, verifiable employment, rental history, credit, and material conduct. Avoid criteria that screen out protected classes or rely on arrest only records. HUD urges case by case reviews for criminal history, considering the nature of the offense, its age, and relevance to safety or property risks. Document your reasoning.
If information in a credit or tenant screening report drives a denial or worse terms, send an “adverse action” notice. State the consumer reporting agency’s name, address, and phone. Say the agency did not make the decision and cannot explain why you made it.
Then, tell the applicant they have a right to a free copy of the report within 60 days and can dispute inaccuracies. If you used a credit score, include the score and key factors. Put the notice in writing and keep a copy in your screening file.
Applicants have dispute and accuracy rights. If they ask, provide the report you relied on and point them to the screening company’s dispute process. Keep all screening records, messages, and timestamped notes together. That consistency supports fair outcomes and protects you if your decision is challenged.
Communication and Documentation (How to Avoid Rights Violations)
Keep communications between yourself and the prospective tenant or current tenant in writing. Centralize email, texts, and portal messages in a single message log and keep timestamped records for each issue.
When you inspect or receive a complaint, take clear photos or short videos, save invoices and receipts, and note the dates, times, and who was present. Tie every action to a specific lease clause and the state rule that applies.
When notice is required, send a written notice that uses your state’s wording, includes the deadline, and explains the next step if the issue is not fixed. Deliver it as your state allows, and keep a copy and proof of service in the file. After any phone call or onsite conversation, send a short written summary so your record matches what was discussed.
Apply the rules the same way for everyone and write down what you did. If a resident requests a disability related accommodation, document the request, your prompt response, and your decision.
Learn more: tenants’ rights during home sale
Security Deposits (Limits, Use, and Return)
Security deposits are set by state law, so start by checking your state’s deposit limits, handling rules, and return deadlines. Collect only what your statute allows and store the money the way your state requires. In some places, you must pay interest on held deposits, often annually or at move out.
Remember, only use deposits for what the law permits: unpaid rent, late fees allowed by your lease, and itemized deductions for damage beyond normal wear and tear or for necessary cleaning to restore the unit.
Do not charge for ordinary wear from lawful use. Keep this clean and provable with a move in checklist, date stamped photos, and receipts or written estimates for any work.
When the tenancy ends, return the deposit by the deadline with a clear, itemized statement that lists each deduction, the amount, and the reason. Include copies of invoices or good faith estimates if final bills are pending, then follow up with the actuals. Mail to the tenant’s last known address and keep a copy of everything in your records.
If your state requires interest, calculate it accurately and include it with the refund. If you discover new charges after you send the accounting, follow your state’s process for supplemental notices.
When in doubt, check a current state chart for limits, allowable deductions, return deadlines, and whether interest applies before you act.
Habitability and Repairs (What “Livable” Means)
In most states, every residential lease includes an implied “warranty of habitability.” That means the home must be safe and sanitary, meet basic building and health codes, and provide essential services such as heat, hot and cold water, working plumbing, reasonable weatherproofing, and secure doors and windows.
Landlords must correct serious issues that threaten health or safety, and mold or moisture problems tied to leaks or defects usually fall under that duty.
Repairs should be timely. A good rule is to treat loss of essentials as urgent and to log every step: the tenant’s request, your acknowledgement, vendor dispatch, photos, invoices, and completion date. State rules also control access, notice, and maintenance responsibilities, so align your workflow with those requirements and keep written records for each repair.
Tenants in many states have specific remedies if major problems are not fixed after proper notice. Common examples include repair and deduct and limited rent withholding, but the availability, caps, and waiting periods are state specific.
Learn more: California tenant rights for required repairs
Privacy and Entry (When You Can Enter the Unit)
Tenants have the right to privacy. You can enter only for valid reasons like repairs, inspections, or showings, and you must follow your state’s notice and timing rules. Many states treat 24 hours’ written notice as reasonable for non emergencies, but the exact window and service method come from state law or the lease.
Emergencies allow immediate entry, although for any other reason, keep entries to reasonable hours and state the date, approximate time, and purpose in the notice.
California is a good example of typical rules. The statute requires “reasonable” written notice that includes the date, approximate time, and purpose, sets a presumption that 24 hours is reasonable, limits entry to normal business hours, and bars using access rights to harass.
It also lists permitted reasons, such as repairs and showings, and allows immediate entry in emergencies.
Safety and Required Disclosures
If your rental was built before 1978, federal law says you must disclose any known lead based paint or hazards before a tenant signs, hand over the EPA pamphlet “Protect Your Family From Lead in Your Home,” provide any available lead records, and include a Lead Warning Statement in the lease.
Keep a signed copy of the disclosure with the lease for at least three years. Some homes are exempt, like zero bedroom units, short term leases of 100 days or less, housing for seniors or people with disabilities where no child under six will live, and dwellings certified lead free.
Renters do not get a federally mandated 10 day inspection window; that right applies to buyers, though landlords still must disclose and provide the pamphlet to renters.
Local safety items sit on top of that.
You see, most jurisdictions require working smoke alarms, and many require carbon monoxide alarms in specific locations, but the exact rules and placement vary by state and city. Use your state’s landlord/tenant code or fire authority guidance as your source of truth, and follow nationally recognized alarm guidance when local rules point to it.
Protection From Retaliation
Retaliation is any action that punishes a tenant for exercising their rights, such as reporting code violations or requesting repairs. Many states ban “retaliatory eviction” and related actions, such as sudden rent increases or service reductions, after a protected complaint. Use this idea as a guardrail when you enforce the lease.
Common examples of retaliation include serving a notice to quit, refusing to renew, raising rent, or cutting services because a tenant complained to a government agency, requested repairs, or joined a tenant group.
Several states even presume retaliation for a period after a complaint is filed.
For example, California bars rent hikes, service cuts, or eviction for six months after a tenant exercises repair rights, absent legitimate cause. Texas similarly prohibits retaliation for six months after a good faith complaint. New York protects tenants from eviction or lease refusal for making a good faith complaint.
There is also a federal overlay. The Fair Housing Act makes it unlawful to coerce, intimidate, threaten, or interfere with anyone for exercising fair housing rights, which covers retaliation tied to protected classes and fair housing activity.
Keep this in mind when handling assistance animal requests, screening outcomes, or complaints alleging discrimination.
Lawful Evictions and Due Process (No “Self Help”)
Eviction is a court process. You cannot change locks, shut off utilities, remove doors, or force a tenant out without a court order. Those “self help” tactics are illegal in many states and can trigger penalties, damages, and even criminal charges.
The lawful path, in most states:
- Serve the proper written notice. Use the notice your state requires for the issue at hand, then wait the required days. A notice to quit ends the tenancy by a deadline; a cure or quit tells the tenant to fix a specific breach or move; some states allow unconditional quit for severe or repeated violations.
- File the case with the court after the notice period expires. Courts dismiss cases if the notices were incorrect or served incorrectly.
- Properly serve the court papers as your state requires.
- Get a court judgment for possession after a hearing.
- Enforcement is by sheriff, marshal, or constable only. The officer executes the writ; landlords do not perform the set out themselves.
Check your state’s rules before acting. Notice types, grace periods, service methods, and filing steps vary by state. Use a current state by state chart to confirm your timelines and forms.
Conclusion and Next Steps
Alright, let’s wrap this up! Tenant rights can be a bit of a minefield. The best approach is to learn the federal baselines, then apply them locally to your state and city rules.
If it all seems a bit much, and you’d rather not juggle the paperwork, a property manager like Ziprent (that’s us!) can take it off your plate.
We can document issues, serve the correct notices, coordinate repairs, and help you stay compliant while you focus on the property, not the process.Head over to our homepage to get started.