Repairs, deposits, eviction or housing discrimination

Repairs and habitability

Many states require landlords to keep rental homes safe and livable: working heat, plumbing, water and electricity, and no serious structural, pest or safety problems. In many of those states, this duty can't be signed away in a lease. Local housing codes often add specific standards, and city or county inspectors enforce them.

Many states also ban landlords from retaliating against tenants who ask for repairs or report code violations.

Security deposits

State law decides how much a landlord can charge (in some states), how quickly the deposit has to be returned after you move out, and what can be deducted. Deductions are generally limited to unpaid rent and damage beyond normal wear and tear, and many states require an itemized list.

Eviction basics

• A notice isn't an eviction. A notice to pay or move out is usually the first step. In general, a landlord must then file a case in court, and only a court order, carried out by a sheriff or marshal, can remove you.
• Lockouts are illegal in most states. Changing the locks, removing your belongings, or shutting off utilities to force you out is generally not allowed.
• Court deadlines are short. If you're served with court papers, the time to respond or appear can be a matter of days. Don't ignore them, and go to every hearing.
• Free help exists. Legal aid offices handle many eviction cases, and some cities provide free lawyers to tenants facing eviction.

Extra protections in federally assisted housing

If you live in public housing or a HUD-assisted building, federal rules give you added protections, including the right to decent, safe and sanitary housing and protection from eviction except for the reasons allowed under your lease. The Violence Against Women Act also protects survivors of domestic violence, dating violence, sexual assault and stalking from being denied or evicted from covered federal housing because of that abuse.

Source: HUD, resident rights and responsibilities (opens in a new tab)

Lead paint in older homes

For housing built before 1978, federal law requires landlords to disclose any known lead-based paint or lead hazards before you sign a lease, give you any available records, provide the EPA pamphlet "Protect Your Family From Lead in Your Home," and include a lead warning statement in the lease.

Source: EPA, real estate disclosures about potential lead hazards (opens in a new tab)

Housing discrimination: the Fair Housing Act

That includes:

• Refusing to rent, or falsely saying a unit isn't available
• Setting different rents, deposits, rules or terms
• Steering people toward or away from certain buildings or neighborhoods
• Sexual harassment by a landlord, manager or maintenance worker
• Refusing reasonable accommodations in rules or policies, or reasonable modifications to a unit, that a person with a disability needs
• Retaliating against someone for making a fair housing complaint

The law has a few narrow exemptions, such as some small owner-occupied buildings. Many states and cities add more protected groups.

Source: U.S. Department of Justice, the Fair Housing Act (opens in a new tab)

• A serious repair problem, such as no heat or water, leaks, mold, pests or broken locks, wasn't fixed after you asked in writing
• Your deposit wasn't returned on time, or deductions were taken for normal wear and tear
• You were locked out, your belongings were removed, or your utilities were shut off
• An eviction notice or rent increase came soon after you asked for repairs or complained to an inspector
• You were told a unit wasn't available, offered different terms, or treated differently because of race, disability, children, religion or another protected trait
• A request for a disability accommodation, such as an assistance animal or a reserved parking space, was refused
• You've been served with eviction court papers

None of these on its own means you have a case. A lawyer or legal aid office can look at the facts.

1. 1

   Step 1: Ask for repairs in writing.

   Text, email or letter, with the date. Keep copies of what you send and anything you get back.

2. 2

   Step 2: Photograph and video the problem.

   Add dates, and keep doing it if it gets worse.

3. 3

   Step 3: Call your local code enforcement or housing inspector.

   Do this if a serious problem isn't fixed.

4. 4

   Step 4: Keep paying rent unless a lawyer or legal aid office tells you otherwise.

   Keep receipts or bank records for every payment.

5. 5

   Step 5: At move-in and move-out, photograph every room.

   Give your landlord your forwarding address in writing so your deposit can be returned.

6. 6

   Step 6: If you get an eviction notice or court papers, act right away.

   Read them, note every date, contact legal aid, respond by the deadline and go to court.

7. 7

   Step 7: If you think you faced discrimination, write it down.

   Note what was said, by whom and when. Save the listing and any messages, and file with HUD within one year.

8. 8

   Step 8: Ask for a disability accommodation in writing.

   Keep a copy.

• Lead paint disclosure: must happen before you're bound by the lease.

Deadlines set by your state

• How fast a landlord must return a deposit
• How much notice a landlord must give before filing for eviction
• How many days you have to respond to eviction court papers

Eviction deadlines in particular can be very short, so check the papers and contact legal aid quickly.

• You've received an eviction notice or court papers
• You've been locked out, or your utilities were shut off
• You believe you were treated differently because of a protected trait, or a disability accommodation was refused
• Your landlord retaliated after you asked for repairs or contacted an inspector
• A health hazard such as mold or lead paint is making someone in your home sick

Many security deposit disputes are handled in small claims court, where people often represent themselves. For evictions, legal aid offices are often the first place to call.

• U.S. Department of Housing and Urban DevelopmentHUD: file a housing discrimination complaintFile online, or call 1-800-669-9777.hud.gov (opens in a new tab)
• U.S. Department of Housing and Urban DevelopmentHUD: how housing discrimination complaints are investigatedhud.gov (opens in a new tab)
• U.S. Department of JusticeU.S. Department of Justice: the Fair Housing Actjustice.gov (opens in a new tab)
• USAGovUSA.gov: how to file a complaint against a landlordFind your state's tenant resources.usa.gov (opens in a new tab)
• U.S. Department of Housing and Urban DevelopmentHUD: renter information by statehud.gov (opens in a new tab)
• U.S. Environmental Protection AgencyEPA: lead disclosure for rentalsepa.gov (opens in a new tab)
• Legal Services CorporationLSC Eviction Laws DatabaseA research tool comparing state and local eviction procedures (laws in effect January 1, 2021).lsc.gov (opens in a new tab)
• Legal aid directoryLawHelp.orgFind free legal aid for renters in your state.lawhelp.org (opens in a new tab)

More questions in the FAQ