Tenant
Know your rights, protect your deposit, and avoid abuse.
No matter your nationality or immigration status: as a tenant in the United States you have rights that the law protects. In this guide you will find, clearly and in plain language, everything you need to rent with confidence, protect your money and know what to do if you have problems with your landlord.
Your rights as a tenant in the USA
- You cannot be denied housing because of your race, origin, religion, sex, disability or for having children (Fair Housing Act).
- Your landlord MUST keep the home in habitable condition: water, heat, electricity and a safe structure.
- You cannot be evicted without a written notice and without going through court, even if you have no papers.
- You have the right to privacy: the landlord must give notice before entering (usually 24 hours in advance).
- If your landlord retaliates against you for complaining, that is illegal in most states.
How to read and understand your lease
- Read the ENTIRE lease before signing, even if it is in English. If you do not understand something, ask for help.
- Look for these key clauses: rent amount, payment date, late fees, term length, and cancellation rules.
- Check how much the security deposit is and under what conditions you get it back.
- Review who pays utilities (electricity, water, gas, internet) and whether pets are allowed.
- Never sign a lease with blank spaces and always keep a signed copy.
How to get your security deposit back
- Take dated photos and video of the apartment BEFORE you move in and when you leave.
- Leave the home clean and in good condition, repairing any damage you caused.
- Return the keys and give written notice of your move-out with the date and your new address.
- Your landlord has a legal deadline (varies by state) to return your deposit.
- If they do not return the deposit, you can sue in Small Claims Court.
What to do if the landlord will not make repairs
- Make your repair request IN WRITING (text, email or letter) and keep a copy.
- Give a reasonable deadline to respond (usually 14 to 30 days depending on the state).
- If they do not respond, you can call your city housing inspector for an inspection.
- Depending on your state, you may be able to make the repair and deduct it from rent (repair and deduct).
- In serious cases, it can be legal grounds to break the lease without penalty.
Protection against unfair evictions
- Your landlord CANNOT throw you out by changing the locks, removing the door or cutting off utilities. That is illegal.
- A legal eviction requires a written notice and a court order.
- You have the right to attend the eviction hearing and present your defense to the judge.
- If the eviction is retaliatory (you complained about something), you can ask for the case to be dismissed.
- There are free legal aid organizations that can represent you in court.
Government housing assistance
- Voucher Program (Section 8): the government pays part of your rent if you qualify.
- Emergency rent programs: many states have funds for people who cannot pay.
- Public housing: low-cost apartments managed by the local government.
- Call 2-1-1 to learn about the assistance available in your area, in Spanish.
- You do not need citizenship for many of these programs, depending on your situation.
Your credit score and renting
- Many landlords check your credit history before approving you. A good score opens doors.
- You can check your credit for free once a year at AnnualCreditReport.com.
- Paying rent on time helps build credit if you use services like Rent Reporting.
- If your credit is low, you can offer a higher deposit or a co-signer to get approved.
How to negotiate with your landlord
- Research rent prices in your area before negotiating (use Zillow or Apartments.com).
- If you are a good tenant (pay on time, care for the property), you have more negotiating power.
- You can ask them to freeze the rent at renewal, especially if the market is slow.
- Every agreement should be put in writing, even if it is a verbal adjustment.
What your landlord CANNOT do
- ✕Change the locks or cut off water, electricity or gas to force you out.
- ✕Enter your apartment without giving you advance notice.
- ✕Discriminate against you because of your race, origin, religion, sex, disability or for having children.
- ✕Retaliate if you complain about unsafe conditions or report a code violation.
- ✕Threaten to call immigration.
Frequently asked questions from tenants
Can I be evicted if I do not have immigration papers?
Your landlord must follow the legal eviction process regardless of your immigration status. They cannot threaten to call immigration or throw you out without going to court. The Fair Housing Act protects you.
What do I do if the landlord raises the rent overnight?
If you have a lease, the rent cannot go up until the term ends. If it is month-to-month, the landlord must give you advance written notice (usually 30 days). If your city has rent control, increases are limited.
Can I withhold rent if the landlord does not make repairs?
It depends on your state. Some allow "repair and deduct" or withholding rent in certain cases. NEVER stop paying without knowing your state law, because you could be sued for non-payment.
Do I need renters insurance?
It is not required by law, but many landlords ask for it in the lease. It is cheap (from $15/month) and covers your belongings in case of theft, fire or flood. Some also cover liability if someone gets hurt in your apartment.
What can I do if there is discrimination when looking for a rental?
If you believe you were rejected because of your race, origin, language, religion, sex, disability or for having children, you can file a free complaint with HUD at 1-800-669-9777 (Spanish available).
More guides for tenants
Need urgent help?
Call 2-1-1 for free housing resources in your area. Available in Spanish 24/7.
Call 2-1-1Discrimination
If you are discriminated against when looking for housing, report it free to HUD:
1-800-669-9777Spanish available
Key tip
Put EVERYTHING in writing. Your requests, complaints and agreements with the landlord should always be by text, email or letter. It is your best legal protection.