Know Your Rights
As a tenant, you have fundamental legal rights that protect you from unfair treatment. Understanding these rights is the first step in defending yourself against eviction.
Warranty of Habitability
Your landlord must maintain the property in livable condition.
What this includes:
- Working plumbing, heating, and electrical systems
- Weatherproofing and structural integrity
- Freedom from pests and mold
- Compliance with building and housing codes
Your remedy: You may withhold rent, repair and deduct, or terminate the lease if conditions are not fixed.
Recognized in all 50 states + DC
Security Deposit Protection
Limits on how much can be charged and requirements for return.
What this includes:
- Most states limit deposits to 1-2 months rent
- Must be returned within 14-60 days (varies by state)
- Itemized statement of deductions required
- Penalties for wrongful withholding (often 2-3x deposit)
Your remedy: Sue for return of deposit plus statutory penalties in small claims court.
Protected in all states with varying limits
Protection from Retaliation
Landlords cannot evict you for exercising your legal rights.
What this includes:
- Reporting code violations to authorities
- Requesting repairs
- Joining tenant organizations
- Testifying in housing-related proceedings
Your remedy: Presumption of retaliation (90 days to 1 year depending on state) shifts burden to landlord.
Protected in 48+ states
Proper Notice Before Eviction
Landlords must provide written notice and follow legal procedures.
What this includes:
- Written notice with specific information required
- Notice period varies (3-30 days for nonpayment)
- Right to cure violations in most states
- Only courts can authorize physical removal
Your remedy: Improper notice is a defense to eviction; case may be dismissed.
Required in all states
Due Process in Eviction
You have the right to contest an eviction in court.
What this includes:
- Right to receive proper service of lawsuit
- Right to appear and present your defense
- Right to a jury trial (most states)
- Right to appeal an adverse decision
Your remedy: Self-help evictions (lockouts, utility shutoffs) are illegal and carry penalties.
Constitutional right in all jurisdictions
Fair Housing Protections
Protection from discrimination based on protected characteristics.
What this includes:
- Race, color, national origin, religion
- Sex (including gender identity and sexual orientation)
- Familial status (children under 18, pregnancy)
- Disability (includes service/emotional support animals)
Your remedy: File complaint with HUD or state civil rights agency; sue for damages.
Federal Fair Housing Act + state laws
Domestic Violence Protections
Victims cannot be evicted for actions of their abuser.
What this includes:
- Right to terminate lease early with documentation
- Cannot be denied housing due to DV victim status
- Right to request lock changes
- VAWA protections for federally-assisted housing
Your remedy: Defense to eviction; early termination with limited liability.
Protected in all 50 states + DC
Just Cause Eviction Protections
In these jurisdictions, landlords must have a valid reason ("just cause") to evict tenants. You cannot be evicted simply because your lease expires.
| State/Jurisdiction | Law | Scope |
|---|---|---|
| California | AB 1482 | After 12 months |
| New York | Good Cause (2024) | Opt-in municipalities |
| New Jersey | Anti-Eviction Act | All tenancies |
| Colorado | HB24-1098 | After 12 months |
| Washington | RCW 59.18.650 | Statewide |
| Oregon | SB 608 | After 12 months |
| Washington DC | D.C. Code ยง 42-3505 | All tenancies |
Source of Income Protection
In these 21+ states, landlords cannot refuse to rent to you because you use housing vouchers (Section 8) or other forms of assistance.
Many cities and counties also have local protections. Check your local laws.