Tenant Rights: What Landlords Can and Can’t Do (2025 Guide)

Introduction

Renting a home or apartment should be straightforward, but many tenants don’t fully understand their legal rights — and some landlords take advantage of that. Whether you’re a first-time renter or facing an issue with your landlord, knowing your rights can protect you from illegal evictions, unfair charges, and unsafe living conditions. In this 2025 guide, we break down what landlords can and cannot do legally.

Your Basic Rights as a Tenant

While laws vary by state or country, some fundamental tenant rights exist in most jurisdictions:

Right to a Habitable Home: Landlords must provide safe, clean, and livable conditions.
Right to Privacy: Landlords can’t enter without notice (usually 24–48 hours).
Protection from Discrimination: Fair housing laws prohibit discrimination based on race, religion, gender, family status, disability, etc.
Right to Due Process in Evictions: Landlords can’t just “kick you out” without proper legal notice and procedure.

These rights are backed by national or state laws such as the U.S. Fair Housing Act, U.K.’s Housing Act 1988, and similar regulations globally.

What Landlords Can Do (Legally)

✅ 1. Increase Rent (with Proper Notice)

Landlords generally have the right to raise rent:

Only after your lease ends, or
With advance written notice (e.g., 30 or 60 days)
Note: In rent-controlled cities like New York or San Francisco, increases are restricted.

✅ 2. Enter the Property (with Notice)

Most laws allow landlords to enter for:

Repairs
Inspections
Emergencies

But they must provide written notice — usually 24 hours ahead — unless it’s an emergency like a gas leak or fire.

✅ 3. Evict for Legal Reasons

Eviction is legal only if the tenant:

Fails to pay rent
Violates lease terms
Damages property
Even then, landlords must file a legal eviction notice and go through the court process. “Self-help” evictions (like changing locks or shutting off utilities) are illegal in most places.

✅ 4. Require a Security Deposit

Landlords can collect a security deposit but must:

Disclose where it’s held
Return it within a specific time (usually 14–30 days)
Provide itemized deductions if not returning the full amount

What Landlords Can’t Do (Common Illegal Actions)

❌ 1. Enter Without Notice (Except Emergencies)

Entering without proper notice violates privacy laws. If a landlord does this repeatedly, you may be able to take legal action or break the lease.

❌ 2. Retaliate Against You

It is illegal for a landlord to retaliate because you:

Filed a complaint
Joined a tenants’ union
Reported unsafe conditions
Retaliatory actions might include rent hikes, harassment, or false eviction attempts.

❌ 3. Discriminate Against Tenants

Under fair housing laws, landlords can’t deny you based on:

Race
Religion
National origin
Disability
Sexual orientation (in many places)
They also can’t ask discriminatory questions on applications.

❌ 4. Withhold Security Deposits Without Reason

Security deposits must be returned unless the landlord proves damage or unpaid rent. They can’t deduct for:

Normal wear and tear
Old paint
Pre-existing issues

❌ 5. Shut Off Utilities or Lock You Out

Even if you’re behind on rent, a landlord cannot:

Turn off water, electricity, or heat
Change the locks
This is illegal in nearly all jurisdictions and can result in legal penalties for the landlord.

Dealing with Common Tenant Issues

🔧 1. Repairs Not Being Made

You can:

Send a written repair request
Withhold rent (in some areas) or pay for repairs and deduct from rent
File a complaint with a housing authority

💡 2. Illegal Entry

Politely remind your landlord of the legal entry rules. If it continues:

Document incidents
File a police or civil complaint

🏠 3. Eviction Threats

Don’t panic. Eviction is a legal process:

You must receive written notice
You have the right to defend your case in court
Never leave the unit just because you’re told to — verify it’s a legal eviction.

Frequently Asked Questions

Q1: What can I do if my landlord refuses to return my deposit?
Send a formal demand letter. If no response, you can file a small claims court case — often without a lawyer.

Q2: Can a landlord evict me during winter or holidays?
Yes, but only through legal eviction procedures. There are no seasonal exemptions from eviction laws.

Q3: What if I don’t have a written lease?
You still have rights under oral or implied tenancy laws. These may be more limited, but you cannot be treated unfairly.

Final Tips to Protect Yourself as a Tenant

Keep everything in writing: Communications, rent payments, complaints.
Document the condition of the unit at move-in and move-out with photos.
Know your local tenant laws: Some cities have more protections than national laws.
Join local tenant unions or groups for support and resources.

Conclusion

As a tenant, knowing your rights is your first line of defense. While most landlords follow the law, some may overstep their boundaries. Being informed not only helps you deal with issues confidently but also ensures you live in peace and dignity. If your rights are violated, don’t hesitate to consult a tenant-rights lawyer or local housing authority.