Housing Rights
Tenant protections for eviction, security deposits, habitability, housing discrimination, and lease disputes.
Covered in this guide:
Eviction notice, security deposits, habitability, and rent limits are all set by your state. Federally, the Fair Housing Act (42 U.S.C. §§ 3601–3619) bans discrimination in renting, selling, or financing on seven protected classes — race, color, religion, national origin, sex (including LGBTQ+ post-Bostock), familial status, and disability — enforced by HUD. RESPA and TILA govern mortgage disclosures. The Servicemembers Civil Relief Act caps mortgage interest at 6% on active duty and lets you break a lease on deployment. Section 8 tenants get extra HUD protections.
Key Federal Laws
Fair Housing Act
42 U.S.C. §§ 3601–3619
Housing discrimination (7 protected classes)
Real Estate Settlement Procedures Act (RESPA)
12 U.S.C. §§ 2601–2617
Mortgage closing costs
Truth in Lending Act (TILA)
15 U.S.C. §§ 1601 et seq.
Mortgage disclosure
Servicemembers Civil Relief Act (SCRA)
50 U.S.C. §§ 3901–4043
Military housing protections
Section 504, Rehabilitation Act
29 U.S.C. § 794
Disability access in federally funded housing
Housing for Older Persons Act (HOPA)
42 U.S.C. § 3607(b)
Senior housing exemption
Eviction Rights
Your landlord cannot just throw you out. Every state in the country requires written notice, a court filing, and a judge's order before a tenant can be physically removed. An eviction without those st...
Security Deposits
Security deposit law is one of the few places where tenants almost always have the upper hand — if they know the rules. When you move out, your landlord has to return your deposit within a specific wi...
Habitability Standards
The implied warranty of habitability is the rule that says a landlord can't rent you a place that isn't fit to live in. It came out of Javins v. First National Realty Corp. in 1970 — a landmark D.C. C...
Housing Discrimination
The Fair Housing Act passed in April 1968, a week after Martin Luther King Jr. was assassinated — Lyndon Johnson used the political window to push it through a Senate that had killed similar bills for...
Lease Disputes
Just because you signed it doesn't mean every clause is enforceable. Lease provisions that try to waive your right to a habitable unit, strip your right to sue, impose excessive late fees, or shift th...
Rent Control and Rent Stabilization
Rent control and rent stabilization cap how much your landlord can raise rent each year. There is no federal rent control — never has been, outside emergencies like World War II's Office of Price Admi...
Landlord Retaliation
It is illegal in most states for your landlord to punish you for exercising your legal rights as a tenant. If you complain about unsafe conditions, report code violations, join a tenant organization,...
Right to Repairs
As a tenant, you have the right to live in a unit that is safe and functional. When something breaks — plumbing, heating, electrical systems, or appliances included in your lease — your landlord is ge...
Foreclosure Rights
If you fall behind on your mortgage, your lender can begin the process of foreclosure — taking your home to satisfy the debt. However, federal and state laws give you significant rights during this pr...