What Landlords Can and Cannot Do

Last Updated: July 15, 2024 by Roberto Valenzuela

In every state, there are laws prohibiting certain landlord actions against tenants. Find out more about what landlords are not allowed to do, including both state and federal laws and their consequences.

What Landlords Cannot Do

The following are actions that landlords cannot do, based on state and federal laws:

• Retaliate
• Discriminate
• Evict Without Cause
• Increase Rent At Will
• Withhold Security Deposits for a Disallowed Reason
• Violate a Tenant’s Rights 
• Defraud Tenants
• Fail State Inspections

Retaliate

Landlords in most states are not allowed to retaliate against tenants who exercise their rights under the law. Landlord actions that may constitute retaliation include:

• Increasing rent
• Decreasing services
• Evicting and terminating the lease
• Filing a frivolous lawsuit against the tenant

Tenant rights under the law include:

• Reporting violations to the local health boards
• Withholding rent for landlord’s failure to make repairs
• Taking the landlord to court for lease violations
• Enjoying the premises free from unreasonable interference
• Participating in a tenant’s organization

Landlord actions that may constitute retaliation include:

• Increasing rent
• Decreasing services
• Evicting and terminating the lease
• Filing a frivolous lawsuit against the tenant

Consequences for Landlords Who Retaliate

Landlords who retaliate are at risk of having the tenant terminate the lease and sue the landlord for damages. If a court finds that a landlord has retaliated against a tenant, the landlord may be liable for the following:

• One to three months’ rent plus additional fees
• Relocation fees
• Attorneys fees

When Can a Landlord Retaliate?

Actions that may seem retaliatory can be legal if within the law. For instance, a landlord may increase the rent at the end of the lease term, and terminate a lease or evict a tenant for violating the terms of the agreement.

Landlords can retaliate in the following states:

• Arkansas
• Oklahoma
• Wyoming

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Discriminate

The Fair Housing Act (FHA) prohibits all landlords from discriminating against tenants because of their race, color, national origin, religion, sex, familial status, or disability.

Discriminatory acts include:

• Harassing tenants
• Refusing to rent to and making housing unavailable
• Setting different terms and conditions for certain tenants
• Providing lesser services to different tenants

Consequences for Landlords Who Discriminate

Landlords who discriminate are at risk of having the tenant terminate the lease and sue the landlord for damages. Tenants may be able to sue landlords by filing a complaint with the Department of Housing and Urban Development (HUD) or the federal court in the jurisdiction where the tenant resides. If successful, a tenant would be entitled to:

• Compensation for actual damages (i.e., damages suffered from the discrimination such as the cost associated with moving, or from pain and suffering)
• Injunctive relief (i.e., the process where the court restrains a party from committing certain acts)
• Equitable relief such as providing alternative housing
• Reasonable attorney’s fees
• Payment of civil penalties

When Can a Landlord Discriminate?

Generally, a landlord cannot discriminate against a tenant based on a protected characteristic. There is a “Mrs. Murphy” exemption that exists federally. The federal exemption provides that a landlord may discriminate in some cases when the landlord owns four or fewer rental units and lives in one of them. However, many states have anti-discrimination laws that supersede the Mrs. Murphy exemption.

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Evict Without Cause

In every state, a landlord cannot evict a tenant or force them to vacate the rental premises without legal cause that a tenant violated the lease.

Legal grounds for evicting a tenant include:

• Not paying rent on time
• Staying after the lease ends
• Violating the terms of the lease
• Not upholding legal responsibilities

Consequences for Landlords Who Evict Without Cause

Landlords who evict a tenant without legal cause are at risk of having the tenant terminate the lease and sue the landlord for damages. While consequences vary from state to state, landlords are commonly liable for:

• One to three months’ rent plus additional fees
• Relocation fees
• Attorneys fees

When Can a Landlord Evict a Tenant?

Although landlords cannot evict a tenant without legal cause, there are certain times when evictions are legal. These situations include when a tenant:

• Does not pay rent
• Uses the premises in an illegal way
• Holds over after the lease ends

Eviction proceedings include:

• A written Notice To Vacate
• Filing of the eviction suit
• Judgment
• Appeal
• Writ of Execution

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Increase Rent At Will

Landlords in every state cannot raise the rent as often as they want nor increase it by an unreasonable amount during the life of the lease term. A rent increase will be illegal if it is done in any of four instances:

• Before the expiration of the current lease
• In a discriminatory way
• As an act of retaliation
• If it violates rent control

When landlords do raise the rent for the aforementioned reasons, they will be in violation of the lease, and the tenant will be able to terminate the lease. Landlords may also be charged fines and penalties associated with increasing rent.

Consequences for Landlords Who Increase Rent 

When landlords do raise the rent for the aforementioned reasons, they will be in violation of the lease, and the tenant will be able to terminate the lease. Landlords may also be charged fines and penalties associated with increasing rent. 

When Can a Landlord Increase the Rent?

A landlord can increase rent at the end of any lease term. A lease is a legally binding contract, and the landlord must abide by the terms, including the set monthly rent. A landlord can raise the rent as much as they like (provided they’re not in violation of any rent control laws) and allow the tenant the chance to renew at the new rate. 

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Withhold Security Deposits for a Disallowed Reason

In all states, landlords cannot withhold a tenant’s security deposit for any disallowed reason. For example, a landlord would be unable to withhold the security deposit for property damage incurred from normal wear and tear. Normal wear and tear is deterioration or damage that happens as a result of a tenant living in and using the rental unit in a reasonable manner.

Consequences for Landlords Who Withhold a Security Deposit

A landlord who withholds a tenant’s security deposit will be responsible for repaying the tenant the whole security deposit amount. A landlord who illegally withholds a security deposit must pay the tenant: 

• The original amount of the security deposit
• Three times the amount of the security deposit 
• Three times the amount of damages plus interest
• Attorney’s fees

When Can a Landlord Withhold a Security Deposit?

A landlord will be able to withhold a tenant’s security deposit for certain reasons. These reasons include: 

• Damages incurred because of lease breaches
• Damages not normal wear and tear 
• Unpaid monthly rent
• Unpaid utilities
• Cleaning fees at the end of the lease 
• Expenses incurred in securing a new tenant 
• Lease cancellation fees

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Violate a Tenant’s Rights

Landlords cannot engage in activities that violate a tenant’s right to both:

• Enjoy the rental premises quietly and peacefully; and
• Live in a habitable premise

Covenant of Quiet Enjoyment

Landlords cannot violate the covenant of quiet enjoyment, which is an implied term in every lease that guarantees the tenant will have quiet and peaceful possession of the leased premises.

There are several ways a tenant’s right to quiet enjoyment can be violated. Some common examples of violations include:

• Entering the tenant’s premises without providing adequate notice
• Allowing too much noise that interferes with the tenant’s enjoyment of the premises
• Not taking the necessary precautions to keep the premises safe
• Allowing the tenant to be harassed by other tenants
• Locking out the tenant from the premises

Consequences for Landlords Who Violate the Covenant of Quiet Enjoyment

There are different recourse options that tenants can take when their rights are violated, including but not limited to:

• Refusing to pay rent
• Bringing legal action
• Terminating the lease

Any of these actions would have a negative impact on the landlord. The landlord could also be liable for compensation such as moving expenses, attorney’s fees and other expenses.

When Can a Landlord Violate the Covenant of Quiet Enjoyment?

A landlord cannot violate the covenant of quiet enjoyment under any circumstances.

However, actions that seem to violate the covenant of quiet enjoyment may be legal in certain circumstances. For example, a landlord may enter the premises without providing notice to the tenant, in the event of an emergency. 

Warranty of Habitability

In every state except Arkansas, landlords must uphold the implied warranty of habitability, which is guaranteed in every lease and ensures that the leased premises meet habitability requirements.

There are several ways a landlord may violate the warranty of habitability. Some common examples of violations include:

• Broken locks
• Lack of proper plumbing
• Lack of utilities such as heat, electricity and water
• Failure to exterminate a rodent infestation

Consequences for Landlords Who Violate the Warranty of Habitability

Landlords who violate the warranty of habitability are at risk of having the tenant terminate the lease and sue the landlord for damages. While consequences vary from state to state, landlords may be liable for:

• A court order directing the landlord to repair the condition
• A court order reducing the tenant’s rent
• A judgment for one to three months’ rent plus additional fees
• A judgment for actual damages
• Any court and attorneys’ fees

When Can a Landlord Violate the Warranty of Habitability?

Landlords cannot violate the warranty of habitability at any time. The only state that does not require the landlord to follow the warranty of habitability is Arkansas.

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Defraud Tenants

When landlords communicate with tenants, they cannot make any statements under false pretenses, which may lead the tenant to believe something that is not true.

There are many ways in which a landlord can commit fraud, including: 

• Making a false or misleading oral or written statement 
• Representing that the property has a characteristic or use that it does not have
• Representing that the property is of a particular standard, quality, or style that it is not
• Failing to state a material fact if the failure deceives or tends to deceive
• Putting a clause in a lease that waives the tenant’s right to use a legal defense

Consequences for Landlords Who Defraud Tenants

Landlords who defraud current and prospective tenants may face litigation. Depending on the court, the tenant may be entitled to:

• Economic damages
• Statutory fraud damages
• Exemplary damages
• Mental anguish damages
• Attorney’s fees
• Equitable relief
• Declaratory judgment

When Can a Landlord Defraud Tenants?

A landlord cannot defraud tenants at any time.

Fail State Inspections

Prior to renting out leased premises, landlords must register the rental premises with the proper authorities. Landlords must then conduct a proper inspection so that the premises are in a habitable condition for the tenant. 

Consequences for Landlords Failing to Pass State Inspections

Failure to register the premises and conduct an inspection may lead to fines and other taxes. 

When Can a Landlord Fail to Pass State Inspections?

Landlords must always pass state inspections to lease out the rental property.

What Landlords Can Do

The following are actions that landlords are able to take, which will not be deemed to be violations of the law:

• Deny Subleases and Assignments
• Charge a Security Deposit
• Sue a Tenant for Lease Violations
• Enter During an Emergency 
• Conduct Background Checks
• Set Occupancy Limits 
• Charge Application Fees

Deny Subleases and Assignments

A landlord can deny any and all future requests from a tenant to sublease or assign the lease if the sublessee is unqualified. A landlord can also put terms in a lease that forbid subleases, or make subleases depend on the landlord’s written approval. If a lease is silent on sublease and assignment, a landlord generally cannot deny a qualified sublessee or assignee.

A qualified sublessee or assignee is one that:

• Has the financial ability to continue paying the rent
• Passes the background check
• Is a high character individual who will not cause the landlord trouble

Charge a Security Deposit

Landlords in all states can collect a reasonable security deposit from tenants. In the following states, there is no legal limit to how much the collected security deposit can be:

• Florida
• Idaho
• Indiana
• Kentucky
• Louisiana
• Minnesota
• Mississippi
• Montana
• Ohio
• Oklahoma
• Oregon
• South Carolina
• Tennessee
• Utah
• Vermont
• Washington
• West Virginia
• Wisconsin
• Wyoming

Although there are no rent control laws capping the security deposit amount, landlords are still expected to charge only a reasonable amount for the security deposit. 

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Sue a Tenant for Lease Violations

A landlord can sue a tenant for violating the lease. Common lease violations include:

• Illegal activity
• Unauthorized pets
• Disturbing other tenants
• Not keeping the premises clean

Landlords can recover damages such as unpaid rent, costs of property damage the tenant caused and eviction of the tenant.

Enter a Tenant’s Premises for an Emergency

A landlord can enter into a tenant’s premises when there is an emergency.

In practice, a landlord should try to give at least 24 hours of advance notice before entering a rental property to make repairs, inspect the premises, or show the unit to prospective buyers or tenants. 

In the event of an emergency, such as a fire, burst water pipe, or gas leak, landlords may enter without notice. They may also enter the premises if a tenant has moved out without notifying the tenant, or when the landlord has a court order authorizing entry.

Conduct Background Checks

A landlord can conduct a background check on prospective tenants. Landlords must make available to the applicant, a printed notice of the landlord’s tenant selection criteria, including:

• Criminal history
• Previous rental history
• Current income
• Credit history

Federal law requires landlords to notify a rejected applicant if they used an item from a screening report.

Set Occupancy Limits

Landlords may set occupancy limits depending on the type of property the landlord owns.

Generally, the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the premises. There are certain exceptions allowing a higher occupancy limit such as state or federal laws that allow a higher occupancy rate or if an adult is seeking temporary sanctuary from family violence.

Charge Application Fees

In every state except Massachusetts, a landlord can charge an application fee associated with a rental application. The fee is to cover the landlord’s cost of running a background check on a prospective tenant. There are limits to the application fee. States putting a limit on the application fee include:

• California
• Delaware
• New York
• Rhode Island [1]
• Virginia
• Wisconsin

If the landlord rejects an applicant and does not provide a written explanation for the reasons associated with using the application fee , the landlord will have to return the application fee. In these cases, tenants may request to have this refund mailed to them and the landlord must comply.

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