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Tenant rights

Tenant rights basics

Security deposits, repairs and eviction notices. What a landlord may and may not do, and why your rights do not depend on your immigration status.

Last updated: August 26, 2026Last reviewed: August 26, 2026About 5 min read

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Rental law in the US is mostly state and city law, so the details vary enormously. But a handful of principles hold almost everywhere, and knowing them keeps you from being taken advantage of.

One thing first: your rights as a tenant do not depend on your immigration status. A landlord threatening to call immigration to make you leave is retaliation, and in many states it is illegal.

Security deposits

How much a landlord may hold

Most states cap the deposit, commonly at one or two months' rent. Some states have no cap at all. This is a number you have to look up for your own state.

When it has to come back

After you move out, the landlord has a set period to return the deposit, typically 14 to 45 days depending on the state. If any of it is kept, the landlord has to give you an itemised statement saying exactly what was deducted and why.

What can be deducted

A landlord may deduct unpaid rent and the cost of repairing damage beyond normal wear and tear. A landlord may not deduct for repainting because the colour has aged, carpet worn down by ordinary walking, or routine maintenance.

Repairs

Nearly every state requires a landlord to keep the home fit to live in. The principle is usually called the warranty of habitability, and it covers:

  • Running hot and cold water
  • Working heat during cold months
  • Safe electrics and working drainage
  • A roof that does not leak, and intact doors and locks
  • No serious infestation of rodents, roaches or bedbugs

A landlord may not ask you to sign away these rights. Clauses that try to are usually unenforceable even after you have signed.

How to ask for a repair properly

  1. Ask in writing. A text or an email is fine, as long as there is a record. A conversation cannot be proved later
  2. Date it and be specific. "The kitchen tap has dripped since 3 August" beats "there is a problem in the kitchen"
  3. Keep every reply. Silence is itself evidence
  4. Allow a reasonable time. Emergencies like no hot water are measured in days; small items in weeks

When a landlord may enter

The place you rent is your home. Most states require advance notice, commonly 24 hours, before the landlord enters, except in a genuine emergency such as a burst pipe or a fire.

A landlord repeatedly letting themselves in without notice is in breach, and you should log every occurrence.

Eviction

This is the most misunderstood part, so it is worth stating plainly.

In the US a landlord cannot evict you personally. Only a court can order it, and only a sheriff or court officer can carry it out.

All of the following are illegal in almost every state, even when you owe rent:

  • Changing the locks so you cannot get in
  • Shutting off electricity, water or heat
  • Putting your belongings outside
  • Threatening to call immigration to make you leave

How the process actually runs

  1. Written notice. The landlord must first serve a notice with a deadline set by state law, for example three days to pay or leave
  2. Court filing. If the deadline passes unresolved, the landlord files a case
  3. You are served with court papers. This is the critical moment
  4. The hearing. A judge hears both sides
  5. Enforcement. Only on a judge's order, and only by a court officer

Discrimination

The federal Fair Housing Act forbids refusing to rent to someone because of race, colour, national origin, religion, sex, family status, or disability. National origin covers speaking English with an accent, or speaking Vietnamese.

If you believe you have been discriminated against, you can file a complaint with HUD. There is normally a one-year deadline from the date it happened.

Where to get help

  • LawHelp.org lists free legal aid organisations by state
  • Call 211 to find local tenant services
  • Many large cities have a dedicated rental office; search "tenant rights" plus your city name
  • If you receive an eviction notice, get help that same day. Court deadlines are short

What to do next

  • Photograph the whole home today, even if you have lived there for years
  • Put your lease somewhere you can find it again. A lease is also one of the proofs of address accepted when you apply for a driver's license
  • Look up two numbers for your state: the deposit return deadline, and the required notice period before eviction

Common questions

My landlord threatens to call immigration if I complain. What do I do?

That is retaliation, and in many states it is illegal. Your rights as a tenant do not depend on your immigration status. Get the threat in writing if you can, then contact a free legal aid organisation.

I rent without a written lease. Do I still have rights?

Yes. In almost every state a verbal agreement still creates a tenancy, and you are still protected on habitability, on notice before the landlord enters, and on the court process for eviction.

My landlord kept the deposit without explaining. What can I do?

Ask in writing for an itemised statement of every deduction. Many states penalise landlords two or three times the deposit for withholding it improperly, so a written request often resolves it quickly.

The locks were changed and I cannot get in. Is that legal?

No. In almost every state only a court can order an eviction and only a court officer can carry it out. Changing locks, cutting utilities or putting your belongings outside is illegal, even if you owe rent.

Sources / Nguồn

Official US government pages. If anything here disagrees with the official page, trust the official page.