Your rights
What are my rights as a tenant, and where can I get help?
Key points
- Repairs
- State law makes landlords keep a rental fit to live in. Remedies such as repair and deduct or withholding rent exist only under strict rules that differ by state, and using them wrongly can lead to an eviction case.
- Privacy
- In California, 24 hours' written notice is presumed reasonable before a landlord enters; in Florida, at least 24 hours for repairs. Emergencies are an exception.
- Retaliation
- Asking for repairs or joining a tenant group is protected in all four states. After a repair complaint: 180 days in California, 6 months in Texas, a one-year presumption in New York.
- Discrimination
- The federal Fair Housing Act applies everywhere. You can report to HUD at 1-800-669-9777 within one year of the last incident.
Most of your rights as a renter come from state law, with a federal floor that applies everywhere. The Fair Housing Act bars housing discrimination nationwide, and federal rules cover lead paint warnings and HUD-assisted housing. Repairs, privacy, deposits and evictions are set by each state, and cities can add their own rules.
Below: the federal rights every tenant has, your right to a livable home and what to do when repairs aren't made, when a landlord can come in, retaliation and discrimination, lockouts and deposits, and where to get free help or a tenant rights lawyer, with examples from California, Texas, Florida and New York.
The federal floor: rights every tenant has
A few protections come from federal law, so they apply in every state, whatever your lease says.
- No discrimination. Under the Fair Housing Act, a landlord may not discriminate in renting because of race, color, national origin, religion, sex, disability or familial status, which protects families with children under 18, with some exceptions.Fair Housing Act · HUD · U.S. Department of Justice
- Changes you need for a disability. A landlord must allow reasonable changes to the home, such as grab bars or a ramp, which in private housing the tenant pays for, and reasonable exceptions to its rules, such as allowing a guide dog despite a no-pets rule. In housing that receives federal money, the landlord generally pays for structural changes.HUD and DOJ joint statement on reasonable modifications · 42 U.S.C. § 3604(f)(3) · NY Attorney General
- No retaliation for reporting it. It is illegal to retaliate against anyone for reporting housing discrimination to HUD, testifying or taking part in HUD's process, even after the investigation is over.HUD: Report housing discrimination
- A lead paint warning before you sign. For most housing built before 1978, the landlord must disclose known lead-based paint and hazards, give you the pamphlet Protect Your Family From Lead in Your Home and include a lead warning statement.EPA: Lead disclosure rule
- A complaint line for HUD-assisted housing. If you live in HUD-insured or HUD-assisted housing, you can report poor maintenance, dangers to health and safety, or mismanagement to HUD's Multifamily Housing Complaint Line, 1-800-685-8470, weekdays 9 a.m. to 5 p.m. Eastern.HUD: Multifamily Housing Complaint Line
Repairs: your right to a livable home
California, Texas, Florida and New York all require landlords to keep a rental fit to live in. California's list includes weatherproofing, working plumbing, hot and cold running water, heat, working electrical lighting and wiring, and a home free of pests; New York's attorney general gives a lack of heat or hot water and an insect infestation as examples of a breach. In general, the landlord does not have to fix damage that you, your household or your guests caused.
- Put the request in writing. Describe the problem and when it started, date it and keep a copy. In Texas, give it to the person or place where you pay rent; if you send it by certified mail, return receipt requested, or another tracked mail service, you may not need a second notice.
- Stay current on rent. In Texas, the landlord's duty to repair applies only if you are not behind on rent when you give notice. California's 180-day protection from retaliation also applies only to tenants who are not behind.
- Take dated photos and keep everything. Photos or video of the problem, your messages and the landlord's replies. California's official tenant guide recommends this before using any repair remedy.
- Allow a reasonable time. Texas presumes 7 days is reasonable. In California, 30 days is presumed reasonable before you repair and deduct, but a shorter time can be enough when the problem is urgent.
- Ask a local inspector. A housing, building or health official's written findings can matter. In California, if an official notifies the landlord in writing and serious problems are not fixed within 35 days without good cause, the landlord may not demand or collect rent, or serve a 3-day notice to pay, while they last. In Texas, an official's written finding is one of the situations that allows repair and deduct.
- Check before you use a remedy. Repair and deduct and rent withholding have strict conditions that differ by state. California's official guide suggests checking with legal aid, a lawyer, a housing clinic or a tenant program first.
Repairs in California, Texas, Florida and New York
| State | The landlord's duty | If the repairs aren't made |
|---|---|---|
| California | Keep the home fit to live in. It is not if it substantially lacks things such as weatherproofing, working plumbing and gas, hot and cold running water, heat, working electrical lighting and wiring, clean grounds free of pests, garbage bins, and floors, stairs and railings in good repair. Cal. Civ. Code §§ 1941, 1941.1 | After notice and a reasonable time (30 days is presumed), you may pay for the repair and deduct it from the rent, up to one month's rent and no more than twice in 12 months, or move out. Withholding rent for serious defects is also recognized, but the landlord can answer with a 3-day notice and an eviction case. § 1942 · California Tenants guide |
| Texas | After your notice, a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant, if you are not behind on rent when you give notice. Not for damage you, your household or guests caused, other than normal wear and tear. Tex. Prop. Code § 92.052 | After the required notices and a reasonable time (7 days is presumed): end the lease, ask a court to order repairs and reduce the rent, or, only in listed situations such as a sewage backup, flooding, no water or an official's written finding, repair and deduct up to one month's rent or $500, whichever is greater. Withholding rent is not an option. §§ 92.056, 92.0561, 92.0563 · Texas State Law Library |
| Florida | Follow building, housing and health codes. In an apartment (not a single-family home or duplex), unless agreed otherwise in writing, also pest control, locks and keys, clean common areas, garbage removal, and heat in winter, running water and hot water. Fla. Stat. § 83.51 | Give 7 days' written notice. If the landlord still fails to comply, you may end the lease if your notice said you would. If your notice said you would not pay rent, a material failure to meet the code duties can be a defense in a nonpayment case, but you may have to pay the rent into the court registry. §§ 83.56(1), 83.60 |
| New York | A warranty of habitability in every lease: the home and common areas must be fit to live in, with nothing dangerous to life, health or safety. A lease can't waive it. N.Y. Real Prop. Law § 235-b | Sue for a rent reduction; rent-regulated tenants can also complain to the state housing agency (DHCR) after writing to the landlord. You may withhold rent, but the landlord may then sue for nonpayment. Repair and deduct only in extenuating circumstances. NY Attorney General |
Cities and counties often have their own housing codes and inspectors, so check your local rules too.
When your landlord can come in
You rent the home, so you have a right to privacy in it, but landlords may enter for reasons such as repairs. How much notice they must give depends on the state:
- California. Only for set reasons, such as an emergency, necessary or agreed repairs or services, showing the unit, or a court order, and only during normal business hours unless you agree otherwise. 24 hours' written notice is presumed reasonable (6 days if mailed), and it must give the date, approximate time and purpose.Cal. Civ. Code § 1954
- Florida. For repairs, at least 24 hours' notice and entry between 7:30 a.m. and 8 p.m. For other reasons, such as showing the unit, the landlord needs your consent unless there is an emergency, you unreasonably refuse or, in some cases, you have been away for half a rent period. It may enter at any time to protect or preserve the property.Fla. Stat. § 83.53
- New York. With reasonable prior notice, at a reasonable time and with your consent, for repairs or services or as the lease allows. If you unreasonably refuse, the landlord can ask a court for an order. In an emergency, such as a fire or a water leak, no notice or consent is needed.NY Attorney General
- Not to harass you. In California and Florida, the law says a landlord may not abuse the right of access or use it to harass the tenant.Cal. Civ. Code § 1954(c) · Fla. Stat. § 83.53(3)
Retaliation and discrimination
Asking for repairs, complaining to an inspector and joining a tenant organization are protected in all four states. A landlord who answers with an eviction, a rent increase or cut services may be retaliating.
| State | What is protected | The rule and the remedy |
|---|---|---|
| California | A repair notice or complaint about the home's condition, a complaint to a government agency, joining a tenants' association, or lawfully using any legal right. | If you are current on rent, no retaliatory eviction, rent increase or service cuts within 180 days of a repair complaint (you can rely on this once in 12 months). Threatening to report you to immigration authorities is retaliation. Damages can include $100 to $2,000 per act where there was fraud, oppression or malice. Cal. Civ. Code § 1942.5 |
| Texas | Using a legal right in good faith, a repair notice, a complaint to a code inspector or utility, or taking part in a tenant organization. | For 6 months, no retaliatory eviction, lease termination, rent increase or service cuts. Some evictions are not retaliation, such as for unpaid rent. Remedy: one month's rent plus $500, actual damages, court costs and attorney's fees, less any rent you owe. Tex. Prop. Code §§ 92.331-92.333 |
| Florida | A complaint to a code enforcement agency, a written repair complaint, a tenant organization, or using your fair housing rights, among others. | A landlord may not raise rent, cut services, or bring or threaten an eviction mainly to retaliate. If you acted in good faith, you can raise it as a defense in an eviction case, but not if the landlord shows good cause, such as unpaid rent. Fla. Stat. § 83.64 |
| New York | A good faith complaint to the landlord or a government agency about health and safety, repairs, lease rights or rent gouging, or taking part in a tenant organization. | If within one year the landlord starts an eviction case or substantially changes your lease, such as refusing to renew, retaliation is presumed and the landlord must prove another reason. Does not cover owner-occupied buildings with fewer than four units. N.Y. Real Prop. Law § 223-b · NY Attorney General |
Discrimination is covered by federal law everywhere, as described above. To report it to HUD:
- Write down what happened. HUD asks for your name and address, the name and address of the landlord or company, the address of the home, a short description of what happened and the dates.
- Report within one year. File within one year of the last date of the discrimination. Call 1-800-669-9777 or report online.
- Or go to court. You can file your own lawsuit within two years of the most recent discriminatory act.
Lockouts and utility shut-offs
A landlord who wants you out has to go to court. Forcing you out by locking you out, cutting off utilities or removing your belongings is what California's official tenant guide calls self-help eviction, and it says all such remedies are illegal there.
- California: a landlord may not cut off utilities, change the locks, remove doors or windows, or remove your belongings to make you leave. Cal. Civ. Code § 789.3
- New York: a landlord cannot use threats of violence, remove your belongings, lock you out or willfully cut off essential services such as water or heat. NY Attorney General
- Florida: no interrupting utilities, changing the locks, or removing doors, locks, walls or windows except for repairs, and no removing your belongings except after you surrender or abandon the home or a lawful eviction. Fla. Stat. § 83.67
- Texas: a lock change is allowed only for unpaid rent, only if the lease allows it and after advance notice, and the landlord must give you a new key at any hour, whether or not you pay. Utilities may be cut only for repairs, construction or an emergency, except that a landlord who bills you for electricity may cut it for an unpaid electric bill under strict rules. Tex. Prop. Code §§ 92.0081, 92.008
What a landlord can owe you, how to get back in and what to do with a notice are in Got an eviction notice.
Your security deposit
When you move out, the landlord must return your deposit or explain any deductions in writing within the state's deadline: 21 days in California, 30 in Texas, 14 in New York for units that are not rent-regulated, and in Florida 15 days, or 30 to send notice of a claim. Normal wear and tear can't be deducted in California, Texas or New York.
The full rules, a demand letter and small claims court are in Getting your security deposit back.
Where to get free help
HUD-approved housing counseling agencies offer rental counseling on eviction, landlord-tenant disputes and Section 8. Eviction counseling is always free; other counseling may carry a small fee, which agencies in HUD's program must waive if you can't afford it. To find one, call 800-569-4287.
Legal aid organizations funded by the Legal Services Corporation give free civil legal help to people with low incomes, including families facing eviction.
- California: the Department of Real Estate's California Tenants guide explains repairs, entry, retaliation and deposits.
- Texas: the State Law Library's landlord/tenant law guide covers repairs, retaliation, lockouts and utility shutoffs.
- Florida: the Department of Agriculture and Consumer Services' landlord/tenant page summarizes the law; call 1-800-435-7352.
- New York: the Attorney General's tenants' rights guide and hotline, (800) 771-7755. The office cannot give legal advice.
- New York City: tenants facing eviction in Housing Court can get free legal help in every ZIP code; call 311 and ask for the Tenant Helpline.
What your landlord may say, and what you can say
“I'll get to the repairs when I can. The rent is still due on the first.”
You can say: “I've put my request in writing and kept a copy. Please tell me when the repair will be done.”
“I'm coming by tomorrow to look around.”
In California, you can say: “Please give me written notice with the date, the approximate time and the reason.”
“If you call the city inspector, I won't renew your lease.”
In New York, you can say: “A good faith complaint about repairs is protected. I'm asking you to fix the problem.”
“The rent is going up because you keep complaining.”
In California or Texas, you can say: “Raising the rent because I asked for repairs is retaliation, which the law prohibits.”
“I'm changing the locks until you pay.”
In California, New York or Florida, you can say: “Locking me out to make me leave is against the law. Please go through the court.”
Tenant records checklist
- Your lease or rental agreement, and any rules the landlord gave you.
- Proof of every rent payment: receipts, bank records, money order stubs.
- Copies of your written repair requests, with the dates you sent them and proof of mailing.
- Dated photos or video of the problem, from the day you noticed it.
- Every message, letter or notice from the landlord.
- Any inspection report or notice from a housing, building or health official.
- Move-in and move-out photos, and your forwarding address in writing when you leave.
Do I need a tenant rights lawyer?
Not for every problem. Many tenants handle a repair request, a deposit dispute or a discrimination report on their own, with help from legal aid, a housing counselor or their state's official guide.
Talk to a tenant rights lawyer or a legal aid office if you have received eviction papers, have been locked out or had a utility cut off, plan to withhold rent or repair and deduct, think the landlord is retaliating or discriminating, or the landlord has a lawyer. Some tenant laws let a tenant who wins recover attorney's fees, for example Texas's retaliation law and Florida's law on lockouts and shut-offs.
Common questions
What are my rights as a tenant?
The core ones are a home fit to live in, limits on when the landlord can come in, protection from retaliation and discrimination, no lockouts or utility shut-offs to force you out (Texas allows only a limited lock change for unpaid rent) and your deposit back on time. Most come from state law, so the details differ; the federal Fair Housing Act bars housing discrimination everywhere.
Where can I find a tenant rights organization near me?
Start with free, official sources: a HUD-approved housing counseling agency (call 800-569-4287), which offers rental counseling on eviction and landlord-tenant disputes; a legal aid office funded by the Legal Services Corporation; and your state attorney general or housing agency, which USA.gov helps you find. Joining a tenant organization is protected from retaliation in California, Texas, Florida and New York.
Do I need a tenant rights lawyer?
Not for every problem: many tenants handle a repair request or a deposit dispute themselves. Talk to a lawyer or legal aid if you got eviction papers, were locked out, plan to withhold rent or repair and deduct, or think the landlord is retaliating or discriminating. See Find a lawyer or free legal aid.
Can my landlord enter without notice?
It depends on the state. In California, 24 hours' written notice is presumed reasonable and entry must be during normal business hours. In Florida, entry for repairs needs at least 24 hours' notice, between 7:30 a.m. and 8 p.m. New York requires reasonable prior notice at a reasonable time. All three allow entry without notice in an emergency. Elsewhere, including Texas, check your lease and your state's official guide.
What are tenant rights in California?
A home fit to live in; repair and deduct up to one month's rent, no more than twice in 12 months, after notice and a reasonable time; 24 hours' written notice presumed reasonable before entry; 180 days of protection from retaliation after a repair complaint if you are current on rent; no lockouts or utility shut-offs to force you out; and your deposit or an itemized statement within 21 days of moving out.
What are tenant rights in Texas?
Once you give notice and are current on rent, a Texas landlord must make a diligent effort to repair conditions that materially affect health or safety, and 7 days is presumed a reasonable time. Repair and deduct is allowed only in listed situations, and withholding rent is not. Retaliation is barred for 6 months after a repair request or complaint. A lock change for unpaid rent is allowed only under strict rules, with a new key at any hour, and the deposit must be refunded within 30 days of moving out.
Official sources
- HUD: Report housing discrimination (protected characteristics, retaliation, what to include, 1-800-669-9777) hud.gov
- HUD: The intake and investigation process (one year to file with HUD, two years to sue) hud.gov
- U.S. Department of Justice, Civil Rights Division: The Fair Housing Act justice.gov
- HUD and DOJ: Joint statement on reasonable modifications under the Fair Housing Act (2008, PDF) hud.gov
- EPA: Real estate disclosures about potential lead hazards (pre-1978 housing) epa.gov
- HUD: Multifamily Housing Complaint Line, 1-800-685-8470 hud.gov
- HUD: Housing counseling, find an agency (800-569-4287) hud.gov
- HUD: About housing counseling (rental counseling, fees) hud.gov
- Legal Services Corporation: What is legal aid? lsc.gov
- Legal Services Corporation: Find legal aid lsc.gov
- USA.gov: How to file a complaint against a landlord usa.gov
- California Civil Code § 1941: the landlord's duty to keep a rental fit to live in leginfo.legislature.ca.gov
- California Civil Code § 1941.1: when a dwelling is untenantable leginfo.legislature.ca.gov
- California Civil Code § 1942: repair and deduct leginfo.legislature.ca.gov
- California Civil Code § 1942.4: no rent while cited substandard conditions go unrepaired leginfo.legislature.ca.gov
- California Civil Code § 1942.5: retaliation leginfo.legislature.ca.gov
- California Civil Code § 1954: landlord's entry leginfo.legislature.ca.gov
- California Civil Code § 789.3: utility shutoffs, lockouts and removing belongings leginfo.legislature.ca.gov
- California Civil Code § 1950.5: security deposits leginfo.legislature.ca.gov
- California Department of Real Estate: California Tenants, a guide to residential tenants' and landlords' rights and responsibilities (2025, PDF) dre.ca.gov
- Texas Property Code, Chapter 92: repairs (§§ 92.052-92.0563), lockouts (§ 92.0081), utilities (§ 92.008), deposits (§§ 92.103-92.104), retaliation (§§ 92.331-92.333) legis.texas.gov
- Texas State Law Library: Requesting repairs sll.texas.gov
- Texas State Law Library: Remedies for failure to repair sll.texas.gov
- Texas State Law Library: Landlord retaliation sll.texas.gov
- Florida Statutes § 83.51 (2026): landlord's obligation to maintain premises flsenate.gov
- Florida Statutes § 83.53 (2026): landlord's access to the dwelling flsenate.gov
- Florida Statutes § 83.56 (2026): termination of rental agreement, tenant's 7-day notice flsenate.gov
- Florida Statutes § 83.60 (2026): defenses and paying rent into the court registry flsenate.gov
- Florida Statutes § 83.64 (2026): retaliatory conduct flsenate.gov
- Florida Statutes § 83.67 (2026): prohibited practices flsenate.gov
- Florida Statutes § 83.49 (2026): deposit money or advance rent flsenate.gov
- Florida Department of Agriculture and Consumer Services: Landlord/tenant law in Florida fdacs.gov
- New York Real Property Law § 235-b: warranty of habitability nysenate.gov
- New York Real Property Law § 223-b: retaliation by landlord against tenant nysenate.gov
- New York Attorney General: Residential tenants' rights guide ag.ny.gov
- NYC Human Resources Administration: Legal services for tenants facing eviction nyc.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.