Tenant Rights by State

· Written by AskDoss Research Team

Tenant rights in the United States are a patchwork. There’s no single federal standard for how landlords must treat renters — most of the rules come from state and local law, and the differences are staggering. A tenant in San Francisco has more legal protections than a tenant in Houston has legal options. This guide breaks down the major areas where your rights are defined and shows you where to find the specifics for your state.

Federal Protections: What Applies Everywhere

Fair Housing Act

Applies to nearly all rental housing. Landlords cannot discriminate based on: race, color, religion, national origin, sex (including sexual orientation and gender identity as of 2021 HUD guidance), familial status (having children under 18), or disability. This means: no “adults only” policies (unless it’s qualified senior housing), no refusing to make reasonable accommodations for disabled tenants (wheelchair ramp, service animal), and no steering tenants toward or away from particular units based on protected characteristics.

Servicemembers Civil Relief Act (SCRA)

Active-duty military can break a lease with 30 days written notice after receiving permanent change of station (PCS) orders or deployment orders of 90+ days. The lease terminates 30 days after the next rent payment is due. Landlords cannot penalize service members for this — no early termination fees, no forfeiture of security deposit (beyond normal damage deductions).

Lead Paint Disclosure

For any housing built before 1978, landlords must: disclose known lead paint hazards, provide an EPA-approved lead paint pamphlet, and include specific lead paint language in the lease. Failure to comply can result in fines up to $19,507 per violation.

How States Differ: The Big Disparities

The easiest way to understand tenant rights in America is to compare two states at opposite ends of the spectrum.

California (Extremely Tenant-Friendly)

  • Rent control: Statewide — annual rent increases capped at 5% + local CPI (max 10%) for buildings 15+ years old (AB 1482, the Tenant Protection Act)
  • Just-cause eviction: Required for buildings covered by AB 1482. Landlords must have a specific reason (nonpayment, lease violation, owner move-in, etc.) — they can’t just choose not to renew
  • Security deposit: Maximum 1 month’s rent. Must be returned within 21 days.
  • Relocation assistance: For no-fault evictions (owner move-in, major renovation), landlords must pay one month’s rent as relocation assistance
  • Repair and deduct: Tenants can hire a contractor and deduct up to one month’s rent for habitability issues after giving reasonable notice
  • Retaliation protection: Landlords cannot raise rent, decrease services, or evict within 180 days of a tenant filing a complaint

Texas (Extremely Landlord-Friendly)

  • Rent control: Prohibited by state law. Cities cannot enact rent control ordinances.
  • Just-cause eviction: Not required. Landlords can decline to renew a lease for any non-discriminatory reason.
  • Security deposit: No state cap on the amount. Must be returned within 30 days.
  • Relocation assistance: None required
  • Repair and deduct: Limited. Tenants can exercise “repair and deduct” only for conditions affecting health and safety, after following a specific notice procedure (Section 92.0561 of Texas Property Code)
  • Retaliation protection: Exists, but only for 6 months after a tenant exercises specific rights

Same country, radically different rules. This is why “know your state law” isn’t a cliche — it’s the single most important thing a renter can do.

Rent Control: Where It Exists and What It Does

Rent control is far less common than most people assume. It exists in:

  • California: Statewide cap (5% + CPI, max 10%) for covered units. Additional local ordinances in San Francisco, Los Angeles, Oakland, San Jose, and others with stricter limits.
  • New York: Rent stabilization covers ~1 million apartments in NYC. Annual increases set by the Rent Guidelines Board (typically 1-3%). Rent control (even stricter, applies to pre-1947 buildings with continuous tenancy) covers about 22,000 units.
  • Oregon: Statewide cap of 7% + CPI per year (first state to enact statewide rent control in 2019)
  • New Jersey: No statewide law, but about 100 municipalities have local rent control ordinances
  • Washington, D.C.: Annual increases capped at CPI + 2% for most covered units
  • Maryland: Some municipalities, notably Montgomery County and Prince George’s County, have rent stabilization

More than 30 states have preemption laws that prohibit cities from enacting rent control. If you live in one of these states, there is no rent cap and cannot be one without changing state law.

Repair and Deduct Laws

Most states give tenants some mechanism to force repairs when landlords drag their feet. The two main approaches:

Repair and Deduct

The tenant hires a contractor, pays for the repair, and deducts the cost from the next month’s rent. Available in: California, Arizona, Montana, South Dakota, Nebraska, and others. Typical limits: one month’s rent per repair, sometimes twice per year. You must give written notice and allow the landlord reasonable time to fix it first (typically 14-30 days).

Rent Withholding

The tenant stops paying rent (or pays into an escrow account) until the landlord makes repairs. Available in many states but the rules are strict — you typically must prove the issue substantially affects habitability, you must have given written notice, and in many states you must deposit the withheld rent with the court. Do NOT just stop paying rent without understanding your specific state’s procedure — incorrect rent withholding is grounds for eviction.

Retaliation Protections

Retaliation occurs when a landlord takes adverse action (raises rent, decreases services, files eviction) because a tenant exercised a legal right — such as filing a complaint with the health department, requesting repairs, or joining a tenant union.

Most states have anti-retaliation statutes. They vary in scope:

  • Some states presume retaliation if adverse action occurs within 6-12 months of the tenant’s protected activity
  • Some states flip the burden of proof — the landlord must show the action was for a legitimate, non-retaliatory reason
  • A few states (like Arkansas and a handful of others) have no specific anti-retaliation statute, though tenants may have common law protections

Document everything. If you file a complaint about mold on March 1st and receive a rent increase notice on March 15th, that timeline helps your case. Keep copies of all complaints, maintenance requests, and landlord responses.

Eviction Protections

Outside of rent-controlled jurisdictions, most states allow landlords to decline to renew a lease for any non-discriminatory reason. But the eviction process itself has rules everywhere:

  • Notice period: Landlords must provide written notice before filing for eviction. For nonpayment: 3 days (many states) to 14 days (some states). For lease violations: 10-30 days with a chance to “cure” (fix the violation) in many states. For no-cause in month-to-month: 15-90 days depending on state.
  • Court process: “Self-help evictions” — changing locks, removing belongings, shutting off utilities — are illegal everywhere. Eviction must go through the court system.
  • Right to cure: Many states give tenants the right to fix a lease violation (pay back rent, remove the unauthorized pet, reduce noise) before the landlord can proceed with eviction.

How to Find Your Specific State Laws

Don’t rely on general advice — including this guide — for your specific situation. Here’s where to find accurate, state-specific information:

  • Your state’s tenant rights handbook: Most state attorneys general publish a free guide. Search “[your state] tenant rights handbook” or “[your state] landlord-tenant law guide.”
  • Legal aid organizations: Free legal assistance for qualifying tenants. Search “legal aid [your city]” for local resources.
  • State statute: Every state’s landlord-tenant code is available online. Search “[your state] landlord tenant statute” for the actual law text.
  • Local tenant unions or housing rights organizations: They know the local landscape, including city-specific ordinances that may provide additional protections beyond state law.

Frequently Asked Questions

Can my landlord evict me without a reason?

In most states, yes — at the end of your lease term or in a month-to-month tenancy, landlords can choose not to renew for any non-discriminatory reason with proper notice. “Just cause eviction” protections that require a specific reason exist only in rent-controlled areas and a few states/cities with specific ordinances (California statewide, Oregon statewide, some cities in New Jersey and Washington). During a fixed-term lease, landlords need cause (nonpayment, lease violation, etc.) to evict.

Can my landlord raise my rent by any amount?

In states without rent control: yes, with proper notice (30-60 days typically). There’s no cap on the increase. In rent-controlled areas, increases are limited to a specific percentage annually. Even in rent-controlled areas, there are often exceptions — when a unit is voluntarily vacated, the landlord can sometimes reset to market rate (vacancy decontrol).

What do I do if I’m being harassed by my landlord?

Document everything — dates, times, witnesses. If the harassment involves illegal entry, shutting off utilities, or threats, these may constitute constructive eviction, which is illegal. File a complaint with your local housing authority or code enforcement. For serious situations (threats, intimidation), contact local law enforcement and a tenant rights attorney. Many legal aid organizations provide free consultation for housing issues.

Are emotional support animals the same as pets under rental law?

No. Under the Fair Housing Act, emotional support animals (with documentation from a licensed mental health professional) are considered reasonable accommodations for disability. Landlords cannot charge pet deposits or pet rent for ESAs, cannot apply breed or weight restrictions, and cannot deny housing based on a no-pet policy. Service animals have even stronger protections. However, landlords can require documentation (a letter from your therapist or doctor) — they just can’t require specific forms or charge fees for processing the request.

More Renter Resources

Understanding your rights is the first step. For practical advice, our tenant guide covers everything from apartment hunting to move-out procedures. Before signing any agreement, consult our lease agreement guide to know what every clause means. Ready to make the jump to homeownership? Our home buying guide and pre-approval process will get you started.