Can my landlord ask me about my immigration status?

No. The Fair Housing Act prohibits discrimination based on national origin. Your landlord cannot ask your immigration status, request immigration documents, or treat you differently based on nationality.

Do I have the right to call the police if I am undocumented?

Yes. You have the right to police protection regardless of your status. Many cities have "sanctuary" policies that prevent local police from cooperating with ICE on civil matters.

Rights of undocumented tenants in the United States

Your tenant rights do NOT depend on your immigration status

This is one of the most important and least known facts: in the United States, tenant protection laws apply to ALL people living in a rented property, regardless of whether you have documentation or not.

Fundamental rights that protect you

Right to a habitable home: your landlord must keep the property in safe and functional condition

Protection against discrimination: the Fair Housing Act prohibits discrimination based on national origin

Right to get your deposit back: deposit laws apply equally to everyone

Protection against illegal evictions: only a judge can order an eviction

Right to privacy: your landlord cannot enter without prior notice

What your landlord CANNOT do

Some landlords try to take advantage of their tenants’ fear. It is illegal for your landlord to:

Threaten to call immigration if you complain about conditions

Refuse to make repairs because of your immigration status

Charge you more rent than other tenants for being undocumented

Illegally evict you (changing locks, cutting off utilities)

Keep your deposit without a valid reason

How to protect yourself

1. Keep everything in writing: contracts, payment receipts, communications with the landlord

2. Pay by check or money order: so you have proof of every payment

3. Take photos of the apartment’s condition when you move in

4. Know the free legal aid resources in your city

5. Do not be afraid to report: housing agencies do NOT ask about immigration status

Safe and free resources

Legal Aid Society: offers legal help without asking about immigration status

2-1-1 Line: connects you with housing resources in Spanish

MALDEF (Mexican American Legal Defense and Education Fund): legal help for Latinos

National Immigration Law Center: information about rights

If they threaten you with deportation

If your landlord threatens to call immigration:

1. Do not panic — this threat is illegal

2. Document the threat (record it if your state allows it, or write it down with the date)

3. Contact a legal aid organization immediately

4. Report the landlord to your city’s consumer protection office

Landlords who use the fear of deportation as a weapon can face severe fines and civil lawsuits.

Rights of undocumented tenants in the United States

Your tenant rights do NOT depend on your immigration status

Fundamental rights that protect you

What your landlord CANNOT do

How to protect yourself

Safe and free resources

If they threaten you with deportation

Frequently Asked Questions

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