What a Landlord Cannot Do
Written by Law on Call Staff | Reviewed by Nathan Askins | Last Updated September 4, 2025
As a renter, it’s easy to feel taken advantage of when you don’t have access to clear information on what landlords can and cannot legally do.
This guide to tenant rights breaks down your legal protections as a renter, helping you understand where the line is and what your options are when your landlord crosses it. If you’re dealing with landlord issues, or just want to understand your rights better, this guide is for you.
Main Takeaways
- Your landlord can’t break the law just because it’s in the lease. Illegal terms are unenforceable, no matter what you signed.
- You always have a right to privacy, safety, fair treatment, timely repairs, and proper communication.
- Tenant protections vary by location. Always check your state and city laws to know what applies to you and your situation.
What Can and Can’t Be in a Lease?
Your lease lays out the terms of your rental. Your landlord can include unique or specific requests, but that doesn’t mean everything a landlord puts in writing is actually enforceable.
Landlords can’t include any illegal clauses, such as:
- Waive your right to sue
- Charge excessive late fees beyond what the state allows
- Make you take care of the normal wear-and-tear fixes that they’re responsible for
Can my lease be changed?
You’re entitled to full transparency as a renter when it comes to your lease. Your landlord has to give you a signed copy, and they can’t quietly rewrite it in the middle of your tenancy. Any changes typically require advance notice (approved timing varies by state) and full agreement by all.
If your landlord tries to increase rent or change other rules without providing a new lease, you may be protected under your state’s landlord-tenant laws, which will always override anything illegal your landlord might try to include.
In general, when going over your lease with your landlord, don’t hesitate to question anything that wasn’t discussed or that you don’t understand.
What Repairs are Landlords Responsible For?
Repairs are an important part of a landlord’s basic responsibilities. If something essential breaks, like your plumbing or electricity, your landlord is legally required to fix it within a reasonable timeframe.
All states recognize that landlords must maintain safe and livable conditions for renters under what’s called the “implied warranty of habitability.” This means landlords have an obligation to make repairs that will impact a renter’s health and safety. This can include leaky roofs, broken locks, pest infestations, and even A/C or heating problems.
What if my landlord ignores my requests?
If a landlord repeatedly ignores repair requests from a tenant, especially when it’s delivered in writing, it’s often considered a violation of both the lease and state law.
In some cases, tenants could have the right to withhold rent, pay for the repair themselves and deduct the cost, or even end the lease early. But these options come with rules, so it’s important to follow your own state’s process step by step.
Understand your rights as a tenant.
What are My Privacy Rights as a Renter?
Even though the property is owned by someone else, your’re entitled to privacy. Here’s what that means.
- Landlords can’t enter your home without giving you proper notice. Most states require at least 24 hours’ notice before entering, unless it’s an emergency. Entry rules should be clearly outlined in your lease, including acceptable reasons (like repairs or regular inspections) and how notice must be given (whether written, posted, or verbal).
- Your financial privacy matters, too. While your landlord can request things like income verification or a credit check during the application process, they can’t demand access to your bank accounts or ask invasive questions. They can’t misuse your personal data, either. In Utah, for example, any financial information collected must be handled securely and in compliance with federal privacy laws.
Invading your privacy can lead to legal consequences for your landlord. While state enforcement varies, tenants can often take action through housing authorities, small claims court, or by seeking damages. In some cases, repeated violations may even be considered harassment or grounds to break the lease without penalty.
What are My Personal Rights as a Renter?
All renters have the right to live in their home without being harassed or discriminated against. That means landlords can’t treat you differently based on race, religion, gender, disability, or any other protected traits covered under the Fair Housing Act. Some cities go even further, adding local rules that protect renters against discrimination based on sexual orientation or source of income.
Harassment can look like constant threats of eviction, repeated uninvited visits, or trying to intimidate you into moving out. If you think your landlord’s behavior crosses the line, you have the option to file a complaint or speak with a housing attorney about your rights.
What Makes an Eviction Legal?
Landlords must follow the law when evicting a tenant, no matter the reason. That means they must give renters proper written notice and a chance to respond.
What if I’m behind on rent?
Even if you’re behind on rent or broke a lease rule, your landlord can’t change the locks, shut off your utilities, or toss your belongings without following proper eviction proceedings. These “self-help” eviction tactics are illegal and can result in fines or lawsuits.
All evictions need to follow strict timelines that are generally determined by your state. For example, in Utah, tenants usually get three days’ notice to fix a problem (like unpaid rent) before a formal eviction filing. In Arizona, it’s five days. Some cities and states require relocation assistance or limit evictions unless there’s a legal reason, like serious lease violations or the landlord moving in. Even then, due process is non-negotiable.
Frequently Asked Questions
When dealing with lease or legal violations, most renters start by documenting everything: dates, texts, photos, and any written requests they’ve sent. It’s useful to check your state’s landlord-tenant laws to see what remedies you’re entitled to. You may be able to file a complaint with a housing agency, withhold rent, break your lease, or take legal action. If you’re unsure, it’s smart to speak with a tenant attorney right away.
No. Under the Fair Housing Act, it’s illegal to discriminate against families with children. This includes refusing to rent, steering you toward certain units, or setting stricter rules for your household. If this happens, some renters may have grounds for a legal complaint.
Some states allow limited non-refundable fees, like application or cleaning fees, but they must be clearly stated in the lease and comply with state law. In places like Arizona, these fees must be itemized and disclosed up front. In other states, they may be restricted or outright banned.
That depends on your lease and your state. If you’re month-to-month, some states allow no-cause eviction with proper notice. But in places with “just cause” protections, your landlord must give a legal reason. And they must always follow a formal legal process.
Landlords can charge a security deposit, but state laws limit how much, when it must be returned, and what can legally be deducted when the lease is up. They’re usually required to return the deposit within a set timeframe and provide an itemized list if they keep any of it.