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.
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. |
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
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.