Tenant rights screener

General guidance only. Tenant protections vary enormously by state and even by city. Some jurisdictions have far stronger protections than others. This screener identifies likely rights for discussion with an attorney - it doesn't replace review of your specific lease and local ordinances. See our full disclaimer.

Your tenant rights summary

Talk to a tenant rights attorney - free

A landlord-tenant attorney confirms your exact rights under your state and local law, reviews your lease for unenforceable clauses, and advises on the strongest path forward. Free initial consultation in most areas.

What federal rights protect every tenant in the U.S.?

The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. This applies in every state regardless of local law - a landlord can't refuse to rent to you, charge different terms, or harass you based on a protected characteristic.

The federal lead paint disclosure law requires sellers and landlords of pre-1978 housing to disclose known lead hazards and provide an EPA pamphlet. The Servicemembers Civil Relief Act gives active-duty military tenants the right to terminate a lease early under specific circumstances, including deployment orders.

If you're dealing with a security deposit dispute on top of a rights question, the security deposit dispute tool screens your specific deposit issue separately. And if discrimination is part of your situation, document everything carefully before filing a HUD complaint.

What rights vary significantly by state?

Habitability standards exist in every state but vary in strength. Some states have detailed statutory checklists for what constitutes habitable housing. Others rely on broader common-law standards interpreted by courts.

Rent control and just-cause eviction protections exist only in specific states and cities - California, New York, New Jersey, Oregon, and Washington D.C. among them, along with individual cities like Los Angeles, San Francisco, and Saint Paul. If you're in one of these jurisdictions, your landlord needs a legally valid reason to not renew your lease - they can't simply choose not to renew.

Security deposit limits, return deadlines, and required move-in inspections also vary state by state. Use the rent withholding eligibility tool if habitability issues are part of your situation - it walks through the state-specific requirements for that specific remedy.

What can you do if your landlord violates your rights?

Document everything immediately - photos, written communications, dates, and witnesses. Verbal complaints are easy for landlords to deny later; written records create a paper trail that holds up in court or at a housing agency hearing.

Many violations can be addressed through a written demand letter before escalating to litigation. Citing the specific statute violated often resolves disputes quickly, since most landlords prefer to avoid the time and cost of a legal dispute. If the issue is unresolved, small claims court handles most tenant-landlord disputes without requiring an attorney, though one is recommended for complex cases. If you're facing an active eviction over a rights dispute, the eviction process guide covers your defenses and the full court process.

Frequently asked questions

No. The Fair Housing Act protects "familial status" - meaning households with children under 18, pregnant women, and anyone in the process of securing legal custody of a minor. A landlord can't refuse to rent, set different terms, or advertise preferences excluding families with children. The only legal exception is qualified senior housing communities that meet specific federal requirements (55+ or 62+ communities under HOPA). A "no children" policy or "adults only" advertising for ordinary rental housing is a federal violation that can be reported to HUD.

It depends on your state and city. Federal law does not require landlords to accept Section 8 vouchers - this is called "source of income" discrimination, and it's legal in some places and illegal in others. States and cities that prohibit source-of-income discrimination include California, New York, New Jersey, Massachusetts, Washington D.C., and dozens of individual cities. If you're in one of these jurisdictions, a landlord who refuses to accept your voucher solely because it's a voucher is violating fair housing law. Check your specific city and state law, since this varies considerably.

In most states, yes - there's no statewide rent control, and landlords can raise rent to any amount when a lease term ends or for month-to-month tenancies with proper notice (typically 30 to 60 days). California, Oregon, and a handful of other states have statewide rent caps limiting annual increases (often tied to inflation plus a percentage). Many cities have local rent control ordinances even in states without statewide caps - New York City, Los Angeles, and San Francisco are well-known examples. Confirm whether your specific city has rent control, since this is often more restrictive than state law.

Your lease survives a change in ownership - the new owner steps into the prior landlord's shoes and must honor the existing lease terms through its expiration. They can't immediately evict you or change your rent mid-lease just because they bought the building. Your security deposit should transfer to the new owner along with the obligation to return it under the same terms. If you're on a month-to-month tenancy, the new owner can terminate with proper notice once they take ownership, subject to any applicable just-cause requirements in your jurisdiction.

Generally yes, but with the same notice requirements that apply to any landlord entry - typically 24 to 48 hours advance notice in most states, and only at reasonable times. The landlord can't show up unannounced or let prospective tenants wander through without your knowledge. Your lease may have specific language about showings during the final 30 to 60 days of your tenancy. If a landlord is showing your unit excessively or without proper notice, document each instance - repeated improper entry can constitute harassment and may give you grounds for legal action in some states.