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Landlord and Tenant Rights: Federal Protections and State Law

By KPCB StaffCombined Expertise In The Low Income Housing Space For 10 Years · How we write our guides

Most of the rules between you and your landlord come from your state, county or city. That includes security deposits, repairs, when a landlord can enter, late fees and how an eviction works. A few federal laws apply nationwide, such as the Fair Housing Act, lead paint disclosure for older homes and extra protections if you live in HUD-assisted housing.

This guide covers those federal protections, shows you where to find your state's rules, and explains where to get free legal help. It is general information. For advice about your own situation, contact a legal aid office through LawHelp.org.

Start with your state's rules

Because the details change from place to place, look up your own state before you act on anything you read online, including this page.

  1. Read your lease. USAGov's tenant rights page says to check your lease first and make sure you are following the rules you agreed to.
  2. Open HUD's state information page and choose your state. Each state page lists local help for evictions, rent relief, discrimination complaints and repairs. The Ohio page, for example, links to Ohio Legal Help for eviction and tenant questions and to the Ohio Civil Rights Commission for discrimination complaints.
  3. Look for your state's tenant rights handbook or attorney general's office. USAGov notes that, depending on your state, you may find links to your attorney general, housing agency or a state tenant handbook.
  4. Find free legal aid. LawHelp.org lets you pick your state and find nonprofit legal aid providers. USAGov's legal aid page also lists the Legal Services Corporation and free online legal answers for people with low incomes.

Questions like "How much can my landlord charge for a deposit?" or "How much notice does my landlord have to give before coming in?" have state answers. Your state handbook or a legal aid office can give you the real number for where you live.

Federal protections that apply in nearly all rentals

Fair housing: you cannot be turned away for who you are

The Fair Housing Act bans housing discrimination because of:

  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Familial status (families with children, or pregnancy)
  • Disability

HUD's Fair Housing Act overview says the law covers nearly all housing, including private rentals, public housing and federally funded housing. It applies to renting, applying for housing assistance and other housing activities.

There are a few exemptions in the federal rules. They include an owner-occupied building with four or fewer units, some single-family homes rented by an owner who owns no more than three houses and does not use an agent, housing run by religious groups or private clubs for their members, and housing for older persons (which can exclude families with children). Even exempt landlords cannot publish discriminatory ads. Your state or city may have its own fair housing law that covers more situations.

It is also illegal for a landlord to threaten, pressure or punish you for using your fair housing rights or for reporting discrimination.

Disability: accommodations and modifications

If you or someone in your household has a disability, federal rules say a landlord must:

  • Make reasonable accommodations in rules and policies when you need them to use and enjoy your home. HUD's own examples include allowing a guide dog in a no-pets building and reserving a parking space near the unit for a tenant who cannot walk far.
  • Let you make reasonable physical changes to the unit at your own cost, such as grab bars. In a rental, the landlord can ask you to restore the inside of the unit when you move out, apart from normal wear and tear.

A landlord cannot raise your usual security deposit because you have a disability. In general, a landlord also cannot ask whether you have a disability or how severe it is, though they can ask all applicants questions about whether they can meet the lease terms.

For more on this, see our guide to HUD housing programs for people with disabilities and our explainer on service animals and emotional support animals.

How to file a fair housing complaint with HUD

HUD's Office of Fair Housing and Equal Opportunity (FHEO) takes complaints. Filing is free. You can:

  • File online on HUD's Report Housing Discrimination page
  • Call an FHEO intake specialist at 1-800-669-9777
  • Print the complaint form and mail it to your regional FHEO office (the addresses are linked from the same page)

Have this ready: your name and address, the name and address of the landlord or company, the address of the housing, a short description of what happened and the dates.

You must file within one year of the last date of the discrimination. HUD says to report it as soon as possible.

According to HUD's description of the complaint process, an intake specialist may interview you and draft a formal complaint for you to sign. HUD may investigate it or send it to a state or local fair housing agency. Throughout the investigation, HUD tries to help both sides reach a voluntary agreement. After the investigation, HUD sends you a written report of its findings. If the government takes legal action, it does not charge you fees.

Lead paint disclosure for homes built before 1978

Under federal rules, before you sign a lease for housing built before 1978, the landlord must:

  • Give you an EPA-approved pamphlet, such as "Protect Your Family From Lead in Your Home"
  • Tell you about any known lead-based paint or lead hazards in the home
  • Give you any records or reports they have about lead in the home
  • Include a Lead Warning Statement in or attached to the lease

The rule does not require the landlord to test for lead. It also does not apply to some rentals, including leases of 100 days or less with no renewal, homes a certified inspector found lead-free, housing for older adults or people with disabilities, and studios or single rooms (unless a child under 6 lives there or is expected to).

Tenant screening and credit checks

The Fair Credit Reporting Act gives renters rights when a landlord uses a tenant screening report. The CFPB's page on denied rental applications says that if a landlord turns you down because of the report, they must give you an "adverse action notice." The notice must:

  • Give the name, address and phone number of the company that made the report
  • Explain your right to a free copy if you ask within 60 days
  • Explain your right to dispute wrong information

The same notice is required if the report leads the landlord to demand a co-signer, a bigger deposit or higher rent than other applicants pay. The screening company generally has 30 days to look into a dispute, and sometimes 45. You can file a complaint with the CFPB online or at (855) 411-CFPB (2372).

Our guide on rental assistance and credit scores has more on renting with past credit problems.

Extra protections if you live in HUD-assisted housing

If you have a Housing Choice Voucher (Section 8), live in public housing, or live in a building with HUD rental assistance, some federal program rules apply on top of state law.

Violence Against Women Act (VAWA)

VAWA protects survivors of domestic violence, dating violence, sexual assault and stalking in federally subsidized housing. HUD's VAWA page says a survivor:

  • Cannot be denied admission, evicted or lose assistance because of the abuse committed against them, or for related reasons such as an eviction record, criminal history or bad credit caused by the abuse
  • Can ask the housing provider for an emergency transfer for safety reasons
  • Can move with continued assistance if they have a Housing Choice Voucher
  • Can prove their status by filling out a self-certification form (Form HUD-5382), and generally cannot be asked for more proof unless the provider has conflicting information
  • Can ask the landlord to remove the abuser from the lease (called lease bifurcation)
  • Has the right to keep their survivor status confidential

Covered HUD programs include public housing, Housing Choice Vouchers, Section 202, Section 811, HOME, HOPWA, Continuum of Care, Emergency Solutions Grants and the Housing Trust Fund, among others. You should receive the Notice of Occupancy Rights (Form HUD-5380) and Form HUD-5382 when you are admitted, denied, or given an eviction or termination notice. If your VAWA rights were violated, you can file a complaint with FHEO the same way as a fair housing complaint.

If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-SAFE (7233), or text "START" to 88788.

Repairs and problems with management

If HUD insures or assists your building and management will not fix serious problems, you can call HUD's Multifamily Housing Complaint Line at 1-800-MULTI-70 (1-800-685-8470), Monday through Friday, 9:00 a.m. to 5:00 p.m. Eastern. Staff take reports on poor maintenance, health and safety dangers, mismanagement and fraud, and can send serious complaints to a HUD field office.

For questions about public housing or the Housing Choice Voucher program, the PIH Customer Service Center is at (800) 955-2232.

Notice before eviction for unpaid rent

A 2024 HUD rule requires public housing agencies and owners of properties with project-based rental assistance to give certain tenants at least 30 days' notice before ending a lease for nonpayment of rent. HUD published a rule to revoke that requirement on February 26, 2026. On March 13, 2026, HUD delayed that revocation indefinitely while it reviews public comments, and said it will issue a final rule later. Because this may change, ask legal aid or your housing agency what notice applies to you.

If you are facing eviction

USAGov's avoid eviction page points to the CFPB's guide, What to do if you're facing eviction, which has steps for three stages: before a lawsuit is filed, after a lawsuit is filed, and after a court has ruled.

  • Talk to a lawyer as early as you can. You may qualify for free legal aid based on your income. Start with LawHelp.org.
  • Call a HUD-approved housing counselor at 800-569-4287. Counselors can help you find local resources and make a plan.
  • Check whether your state has temporary eviction protections or rent help. Your state's page on HUD's state information site lists rent relief and eviction resources.
  • Ask legal aid what your state allows a landlord to do before a court order, such as changing the locks or shutting off utilities, and what to do if your landlord does it.

If you might lose your home, our guide to steps to take if you are facing homelessness lists emergency options. You can also use the KPCB Edge benefit finder to see which rental and utility help programs you might qualify for.

Habits that help in any dispute

These steps do not depend on your state, and they make it easier for legal aid or an agency to help you:

  • Keep a copy of your signed lease and any rules or addendums.
  • Pay rent in a way that leaves a record, and keep receipts or bank statements.
  • Ask for repairs in writing and keep copies. Take dated photos of problems.
  • Take photos of the unit when you move in and when you move out.
  • Keep every notice your landlord sends you, and note the date you got it.

Frequently asked questions

Does federal law limit how much a landlord can charge for a security deposit?

The federal rules covered here do not set a general deposit limit for private rentals. Deposit limits and return deadlines come from state or local law. The one federal point above is that a landlord cannot raise the usual deposit because a tenant has a disability. Check your state's tenant handbook or ask legal aid.

How much notice does my landlord need before entering my apartment?

That depends on your state and your lease. There is no single national rule. Your state's tenant handbook or a local legal aid office can tell you what applies.

Can a landlord refuse to rent to me because I have kids?

In most housing, no. Familial status is protected under the Fair Housing Act. Housing for older persons that meets federal requirements is an exception. If you think you were turned away for having children, you can report it to HUD at 1-800-669-9777 or online.

Does it cost anything to file a discrimination complaint?

No. Filing with HUD's Office of Fair Housing and Equal Opportunity is free, and HUD says that when the government takes legal action, it does not charge fees to the person who reported the discrimination.

Start with LawHelp.org, which lists nonprofit legal aid providers by state. USAGov's legal aid page lists more free options. Some programs only serve people with low or moderate incomes.

I'm a landlord. Where do I find my obligations?

The same sources apply: your state's landlord-tenant law, the Fair Housing Act and the lead disclosure rule for pre-1978 housing. If you rent to voucher holders, our guide on how to become a Section 8 landlord explains how that program works.

Sources

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