Tenant Rights Basics: Leases, Security Deposits, and Repairs

Tenant rights come mostly from state and local law, plus your lease and a handful of federal protections. That means the answer to "can my landlord do that?" usually depends on where you live. Still, a few principles hold almost everywhere: you are entitled to a home that is safe to live in, landlords must follow your state's rules on deposits and entry, and no one may discriminate against you for protected reasons.

This guide is for anyone renting a home who wants to read a lease with confidence, protect a security deposit, handle repair problems in a way that creates a record, and know where to turn for help. It explains general principles and says clearly where state law takes over.

Read the lease before you sign

A lease spells out the rent, the length of the tenancy, and what each side must do. HUD's tenant information for states stresses the same basic advice: know your responsibilities as a tenant and read your lease agreement carefully. Take your time, and ask for a copy to read at home.

Look for these items:

• Rent and fees. The amount, due date, grace period, late fees, and accepted payment methods.
• Term and renewal. Fixed term or month-to-month, and what happens when it ends. Many leases renew automatically or convert to month-to-month unless someone gives notice.
• Deposit. The amount, where it is held, and what it can be used for.
• Repairs and maintenance. Who handles what, and how to report problems.
• Entry and privacy. What notice the landlord promises before entering.
• Rules on guests, pets, and subletting. And any fees or restrictions tied to them.
• Early termination. What it costs to leave before the lease ends.
• Insurance. Some leases require renters insurance. See renters insurance explained for what it covers.

Get promises in writing. If a landlord says the carpets will be replaced or a pet is allowed, ask for it to be added to the lease or confirmed by email.

Security deposits: what varies by state

A security deposit is money you pay up front to cover unpaid rent or damage beyond normal wear and tear. States regulate it differently, and the main variables are:

For an example of how detailed these rules can get, LawHelp.org's page on the District of Columbia says the deposit cannot exceed one month's rent, must be held in an interest-bearing account, and must be returned or accounted for within 45 days after move-out. That page was last updated in 2017 and applies only to D.C., so treat it as an illustration of the kinds of rules that exist, not as a rule for your state.

Protect your deposit

1. Document move-in condition. Take dated photos or video of every room, and note existing damage in writing.
2. Submit a move-in checklist. Give the landlord a copy and keep your own.
3. Pay by traceable method. Use a check or electronic payment and ask for a receipt.
4. Clean and photograph at move-out. Take dated photos after you finish.
5. Give a forwarding address in writing. Many states require the landlord to send the deposit or statement there.
6. Respond to deductions in writing. If charges seem wrong, dispute them with photos and receipts. Small claims court is a common route, and the small claims court guide explains how it works.

Normal wear and tear, such as small scuffs or faded paint from ordinary use, generally cannot be deducted. Damage beyond that can be.

Habitability and repairs

Most states recognize some form of a duty for landlords to keep rentals fit to live in, often called the warranty of habitability. The specifics come from state and local law and local housing codes. Problems that commonly qualify include no heat in cold weather, no running water, serious plumbing or electrical hazards, and infestations. Cosmetic issues usually do not.

Your options if a landlord ignores a serious problem vary by state. They can include contacting a local housing or code enforcement office, repair-and-deduct, rent withholding or paying rent into escrow, or sometimes ending the lease. Some of these are risky if done wrong, and in some states they are not allowed at all. Check your state's rules or speak to a legal aid office before withholding rent, because doing it incorrectly can lead to an eviction case.

How to make a repair request

1. Write it down. Send an email or letter, not just a text or phone call. Describe the problem, where it is, when it started, and what you want done.
2. Be specific and polite. "The kitchen sink has leaked since March 3 and water is reaching the cabinet floor" is better than "the plumbing is bad."
3. Attach photos. Date them if you can.
4. Set a reasonable deadline. Emergencies like a gas smell or no heat in winter need an immediate call to the landlord and, if there is danger, to emergency services.
5. Keep records. Save copies, log phone calls, and note when someone came to fix the problem.
6. Follow up. If nothing happens, send a second written notice and consider contacting local code enforcement.

Entry, privacy, and retaliation

Landlords generally cannot enter your home whenever they like. Most states require advance notice, with a set number of hours or days for routine entry, and allow immediate entry only for emergencies. The number and the form of notice vary, so check your state's rule and your lease.

Many states also protect tenants from retaliation, meaning a landlord cannot lawfully raise rent, cut services, or start an eviction just because you complained about conditions or asserted a legal right. How long the protection lasts and how it is enforced depends on the state.

Landlords generally cannot evict you by changing the locks or removing your belongings. Eviction normally requires written notice and a court process, with details set by state law. If you receive an eviction notice, read it right away and contact legal aid or a housing counselor, because deadlines can be short.

Fair housing protections

The federal Fair Housing Act is enforced by HUD's Office of Fair Housing and Equal Opportunity. HUD lists the protected classes as race, color, national origin, religion, sex, familial status, and disability. The law covers discrimination in renting and in related activities. Many states and cities add more protected categories, such as source of income or sexual orientation, so check local law.

To report discrimination, HUD says you can file online at its report-housing-discrimination page or call 1-800-669-9777. HUD notes there are time limits for filing and advises reporting as soon as possible. Have the following ready: your name and address, the name and address of the person or company involved, the address of the housing, a short description of what happened, and the dates. Retaliation against someone who files a complaint is illegal.

Common mistakes

• Signing without reading. Hidden fees and automatic renewals are easy to miss.
• Handling repairs by phone only. If it is not written, it is hard to prove.
• Skipping move-in photos. Without them, you cannot show what was already damaged.
• Withholding rent without checking state law. It can backfire badly.
• Missing notice deadlines. Moving out or renewing at the wrong time can cost you.
• Assuming a lease clause is always enforceable. Some terms are void if they conflict with state law, but do not rely on that without checking.

Frequently asked questions

Can my landlord keep my whole deposit?

Only for lawful reasons, such as unpaid rent or damage beyond normal wear and tear, and usually with an itemized statement within a deadline set by your state. Dispute improper deductions in writing.

Can a landlord enter without notice?

In an emergency, yes. For routine matters, most states require advance notice, but the amount varies. Check your state's landlord-tenant law and your lease.

Who pays for repairs?

Landlords are generally responsible for major systems and keeping the unit habitable, while tenants are responsible for damage they or their guests cause. Leases can shift small tasks, such as changing light bulbs, but cannot waive habitability duties in many states.

Where can I get free help?

Start with a local legal aid organization, a HUD-approved housing counseling agency, or your state attorney general or housing agency. Many courts also run self-help centers.

Next steps

1. Find your state's landlord-tenant law summary on an official state website, such as the attorney general, housing agency, or court self-help page.
2. Review your lease for deposit, entry, repair, and renewal terms, and note any dates that matter.
3. Create a folder with your lease, receipts, move-in photos, and all written communications.
4. If you have a problem now, send a dated written request, then contact local legal aid or code enforcement if it is not fixed.