Tenant rights after you move in, and where to complain

Step 1 — Find the rules for your state and city

Your rights as a tenant usually come from your lease and from state or local laws (CFPB).

• Your lease. Before you complain, read it again and check that you are following the rules you agreed to (USA.gov).
• Your state’s tenant resources. Start from HUD’s state pages. Depending on your state, you may find links to your attorney general, your housing agency or a state tenant rights handbook (USA.gov). For example, California’s Department of Real Estate publishes a tenants’ and landlords’ guide and updates it every year (California DRE).

One federal law applies to nearly all housing: the Fair Housing Act, which bans housing discrimination (HUD). See Step 7, and for your rights while you apply, renting your first apartment.

Step 2 — Keep records and put requests in writing

HUD’s training for housing counselors tells tenants to document everything, including the landlord’s promises and repair requests, and to do an inspection when moving in and moving out (HUD). In practice:

• keep a signed copy of your lease and a receipt for every payment;
• take dated photos at move-in, at move-out and whenever a problem appears;
• ask by email, text or letter, and save the replies.

For example, California’s tenant guide says to describe the problem specifically, date your note and keep a copy; for urgent repairs, call first, then put it in writing right away (California DRE).

Step 3 — Get repairs made

HUD lists rights that a lease usually protects, including a home that is “safe, sanitary, and generally habitable” (fit to live in), gas and water service without interruption, and timely repairs (HUD). Landlords typically fix heating, plumbing and large appliances and follow housing codes; tenants typically repair damage they or their guests cause and report major damage right away (HUD).

The CFPB says your landlord cannot refuse to make necessary repairs, fail to pay for utilities under their control, or endanger tenants’ health and safety (CFPB).

If a written request doesn’t work, your next options depend on your state. For example, in California, a tenant can ask the city or county building department, health department or housing agency for an inspection (California DRE). California also lets tenants pay for some repairs and deduct the cost from the rent, but if it’s done the wrong way, a court can order the full rent paid or let an eviction go ahead (California DRE). So check your state’s rules, ideally with legal aid, before you hold back any rent.

Step 4 — Know when your landlord can come in

HUD’s counselor training says leases generally require the landlord to give notice before coming, and tenants don’t have to let a landlord in without prior notice, except in an emergency (HUD). How much notice depends on your state. For example, in California, 24 hours’ written notice is considered reasonable in most situations (California DRE). Write down each visit made without notice.

Step 5 — Rent increases, renewals and your deposit

Your lease term. A lease legally binds you to pay rent for the whole lease period (HUD). If you need to leave early, HUD notes that a landlord may release you if given enough warning to find a new tenant, and that each state has its own laws on ending a lease early (HUD).

Rent increases. Whether, when and how much rent can go up depends on your lease and on state and local law. For example, in California, a landlord can’t raise the rent during a fixed-term lease unless the lease allows it, must give 30 or 90 days’ written notice on a month-to-month agreement, and some cities have stricter rules (California DRE). Anywhere, your landlord cannot demand fees that you didn’t agree to or that state or local law prohibits (CFPB).

Your deposit. HUD counts a refund of your security deposit at the end of the rental agreement among the rights a lease usually protects (HUD). In HUD’s sample lease, the landlord can deduct unpaid rent, cleaning, key replacement and damage beyond normal wear and tear, with a written list of charges (HUD). Deadlines differ by state. For example, in California, the landlord has 21 days after you move out to return the deposit or send an itemized statement (California DRE). Give the landlord your new address in writing, and see our guide to changing your address.

Step 6 — Retaliation and eviction notices

Retaliation means a landlord punishing you for using your rights, for example by raising the rent or trying to evict you after you complained (California DRE). For example, in California, if a landlord tries to evict a tenant within six months after the tenant used certain rights, such as complaining to local code enforcement, the law assumes the eviction is retaliatory (California DRE). Under federal law, it is illegal to retaliate against anyone for reporting housing discrimination (HUD).

Eviction notices. Eviction rules are set by each state. The CFPB says your landlord cannot force you out by changing your locks without a court order (CFPB). For example, in California (California Courts):

• the landlord first gives a written notice, with a deadline from 3 days to 60 or 90 days (California Courts);
• if the tenant doesn’t do what it says, the landlord can start a court case;
• if the landlord wins, the sheriff, not the landlord, carries out the eviction;
• the landlord cannot lock the tenant out, shut off utilities or throw out their belongings.

Also in California, a tenant who is handed the court papers has 10 court days to respond, and a tenant who doesn’t respond can lose without being heard (California Courts).

Wherever you live, read every notice, write down every deadline and get legal help right away. Eviction court cases could stay on your tenant screening record for up to seven years (CFPB). See our guide to free legal aid.

Step 7 — Housing discrimination after you move in

The Fair Housing Act bans housing discrimination because of race, color, national origin, religion, sex, familial status or disability (HUD). It doesn’t end when you sign the lease: landlords generally can’t sexually harass you, evict you, or set different rules for your rental agreement because of these characteristics (CFPB).

National origin discrimination can be based on the country where you were born or where your ancestors came from (DOJ). With some exceptions, landlords also can’t impose special conditions on families with children under 18, such as keeping them in one part of a complex (DOJ).

HUD says it now prioritizes cases with “actual, provable instances of discrimination” (HUD), so your records from Step 2 matter. With HUD, you must file within one year of the last date of the alleged discrimination (HUD — Process), so report as soon as possible. For discrimination outside housing, see discrimination and consumer complaints.

Step 8 — Where to complain, in order

1. Your landlord or property manager, in writing. HUD also suggests mediation through an agency that specializes in tenant-landlord disputes (HUD).
2. Your state or local agency: find your attorney general or housing agency through HUD’s state pages (USA.gov) or USA.gov’s list of state attorneys general (USA.gov).
3. HUD, if your building is HUD-insured or HUD-assisted: report poor maintenance, health and safety dangers, mismanagement or fraud at 1-800-685-8470 (HUD).
4. Housing discrimination:
   • HUD, online or at 1-800-669-9777; include who was involved, the address, what happened and the dates (HUD);
   • the Justice Department at 1-833-591-0291, or for sexual harassment in housing 1-844-380-6178 or [email protected] (DOJ); this covers harassment by landlords, property managers and maintenance workers (DOJ);
   • your own lawsuit in federal or state court (DOJ).
5. Court forms: Law Help Interactive helps you fill out legal forms for free, including for landlord/tenant disputes (USA.gov).