Tenant Rights 101: What Your Landlord Cannot Do

Your landlord owns the building, but they do not own *you*. Many landlords rely on intimidation and illegal clauses in the lease to bully tenants. Here are the 3 biggest lines they cannot cross, no matter what the contract says.

BMT Legal Research Team BMT Legal Research Team · 📅 Jan 2026 · ⏱️ 5 min read · LEGAL › RENTING
Privacy
24 Hrs
Notice RequiredRule
Eviction
Court
Only Sheriff CanFact
Heat/H2O
Must Fix
HabitabilityRight

1. They Cannot “Kick You Out” Themselves

This is the #1 illegal action. Even if you haven’t paid rent in 3 months, the landlord cannot touch you or your stuff. Only a Judge can order you out, and only a Sheriff can enforce it.

Action Legality Consequence
Changing Locks ILLEGAL You can sue them.
Cutting Electricity ILLEGAL Constructive Eviction.
Removing Doors ILLEGAL Harassment.
Court Eviction LEGAL The only way.
What is “Constructive Eviction”?
If a landlord makes the home unlivable (e.g., turning off water, refusing to fix the roof) to force you to leave, they are breaking the law. You can leave, stop paying rent, and sue for damages.
The Eviction Timeline
Step 1: Notice 3-30 Days
“Pay or Quit” warning.
Step 2: Court Filing 2-4 Weeks
Unlawful Detainer lawsuit.
Step 3: Sheriff Lockout Final
Only NOW do you leave.

2. Privacy & 3. Habitability

The “No Notice” Entry

Unless the apartment is on fire or flooding, the landlord must provide written notice (usually 24 hours) before entering.
Exception: If you invite them in for a repair request, that counts as permission.

Warranty of Habitability

By law, every rental unit must be “habitable.” This means:

  • Heat: Working heating system (usually Oct-May).
  • Water: Hot and cold running water.
  • Safety: Locking doors and windows.
  • Sanitation: No rats, roaches, or toxic mold.

If these are missing, you generally do not have to pay full rent. (Check your state’s “Rent Withholding” laws carefully—you usually have to put the money in a separate Escrow account, not just spend it).

Pro Tip: The Paper Trail Defense

“He said, she said” loses in court. “Here is the email” wins.

Stop Calling, Start Texting

If your landlord is abusive or refuses repairs:
1. Stop calling them on the phone.
2. Send an email or text with photos of the issue.
3. Follow up: “As per my text on Jan 5th…”
If you ever end up in Small Claims Court, these timestamps are your golden ticket.

Frequently Asked Questions

Can they keep my deposit for “Wear and Tear”?
No. Faded paint and worn carpet are normal. They can only deduct for Damage (e.g., hole in the wall, pet stains). Ask for an itemized receipt.
Can they raise the rent mid-lease?
No. If you have a 1-year lease, the price is locked. If you are “Month-to-Month,” they can raise it, but usually must give 30-60 days notice (depending on the state).