In recent years, states, cities and most towns have passed laws governing the rights and responsibilities of tenants and landlords.  Although these laws vary, they usually cover the same issues.  The laws override conflicting oral or written agreements you have concerning rental property and can be enforced in housing and other courts.  In addition to the laws, most people have a written contract (called a lease) that sets out the terms of their rental agreement.

Basic Rights

Most states have laws that create a warranty of habitability.  This requires the landlord to provide a livable, safe and sanitary place for tenants.  Standards of habitability are set by housing codes and court opinions.  Generally, landlords are required to provide such fixtures as ovens, refrigerators and sinks.  Often, they are also required to provide safety devices – smoke detectors and fire extinguishers, for instance, and they may not shut off utility service to force you out.

Contact your state or local housing authority or consumer protection office to find out what your landlord must do to make the property livable.  Ask if a consumer information pamphlet on this subject is available.

If your rental unit becomes unlivable or fails to meet minimum standards of habitability required by local law, tell your landlord that the problem must be fixed.  But don’t wait until conditions become unlivable.  Instead, get in the habit of contacting your landlord by telephone or letter for all needed repairs.

If you write, keep a copy.   If you call, keep a record and send a follow-up letter of understanding – a written communication of agreements, problems or understandings that help to avoid further problems.  If you later have to go to court, these letters will support your claim by documenting the problem and your efforts to resolve it.  You may want to notify the housing administration of the problem, too.  It may either have a hearing or intercede on your behalf.

Tenants are allowed to use their apartments or homes for their own enjoyment and can come and go as they please.  Landlords can’t enter the premises except in emergencies (such as, fire) without sufficient notice, usually 24 to 72 hours.  Contact the police if you feel your landlord has unlawfully entered your home or apartment.

If legally required repairs are not made, you have several options.  In some states, you may spend your own money on repairs and get reimbursed.  Or you can withhold rent.  In states with formal warranties of habitability, this is called “rent abatement.”  In states that have statutory “rent withholding” the rent must be placed in an escrow account while the tenant waits for the court to decide on a claim.  Tenants can also collectively stop paying rent to protest unlivable conditions:  a rent strike.

If you leave your residence because the landlord has failed to make needed repairs after several requests, you may also be able to sue for “constructive eviction”.  The court can award damages under this claim if the landlord’s negligence or interference has diminished the quality of the premises to the point that moving out without paying rent was justified.

Landlord retaliation for tenant protest, including drastic rent increases or any other action intended to punish the tenant, is prohibited in most states.  If your landlord has moved to evict you for exercising your rights as a tenant, that eviction is itself a strong defense in your favor.  If the landlord is merely raising your rent in retaliation, the place to complain is the local housing administration.