What landlords can legally require and collect

A landlord can collect rent on the date specified in your lease and can charge a late fee if you pay after that date — but only if the lease names a specific late fee amount beforehand. The fee must be reasonable; most states cap it between 5 and 10 percent of monthly rent, though this varies by state. A landlord cannot charge a late fee for rent that arrives within a grace period if your lease includes one.

A landlord can also collect a security deposit before you move in, typically equal to one month's rent (some states allow up to two months for furnished units). This money is held separately and must be returned within 30 to 45 days after you move out, minus any deductions for damage beyond normal wear and tear. The landlord must provide an itemized list of deductions — they cannot straightforward keep the deposit without explaining why.

Beyond rent and the security deposit, a landlord can charge for utilities if the lease says so, and can require you to maintain renters insurance if that is written into the lease. A landlord cannot charge fees that are not mentioned in your lease, such as surprise "administrative fees" or "document fees" that appear on a rent notice.

Key Takeaways

  • A landlord can collect rent on the due date and charge a late fee only if the lease names a specific amount beforehand, and that amount must be reasonable under your state's law.
  • A landlord must return your security deposit within 30 to 45 days of move-out and must provide an itemized list of any deductions for damage.
  • A landlord cannot enter your unit without notice, cannot shut off utilities as punishment, and cannot change the locks or remove your belongings to force you out.
  • A landlord cannot discriminate based on race, color, national origin, religion, sex, disability, or familial status, and cannot retaliate against you for reporting code violations or asserting your legal rights.
  • Eviction must go through the court system; a landlord cannot remove you by self-help methods such as removing doors, changing locks, or removing your possessions.

What landlords cannot do: entry and privacy

A landlord cannot enter your unit without notice except in genuine emergencies — a fire, a gas leak, or a burst pipe that threatens the building. In all other situations, a landlord must give written notice (usually 24 to 48 hours, depending on your state) and can enter only during normal business hours and only for a legitimate reason: to make repairs, show the unit to a prospective tenant, or inspect for code violations.

A landlord cannot use entry as a pretext to harass you or to check on your personal life. They cannot enter to see if you have pets if the lease already allows them, cannot enter to photograph your furniture, and cannot enter repeatedly without a real maintenance need. If a landlord enters without proper notice or for an improper reason, you may have grounds to break the lease or to withhold rent in some states.

What landlords cannot do: utilities and basic services

A landlord cannot shut off your water, electricity, gas, or heat as a way to force you to pay rent or to move out. This is called self-help eviction and is illegal in all 50 states. Even if you owe rent, the landlord must go through the court system to evict you; they cannot cut off utilities, remove your belongings, change the locks, or remove doors and windows.

A landlord must maintain the unit in a habitable condition, which means the roof cannot leak, the plumbing must work, heat must be available in winter (the required temperature varies by state but is typically 65 to 70 degrees Fahrenheit), and the unit must be free of pests and mold. If a landlord fails to make necessary repairs after you request them in writing, you may be able to withhold rent, pay for repairs yourself and deduct the cost from rent, or break the lease — the options depend on your state.

What landlords cannot do: discrimination and retaliation

A landlord cannot refuse to rent to you, cannot charge you higher rent, and cannot treat you differently based on your race, color, national origin, religion, sex, gender identity, disability, or familial status (having children). These protections are federal law under the Fair Housing Act. Some states and cities add additional protected categories such as sexual orientation, marital status, or source of income (such as Section 8 vouchers).

A landlord also cannot retaliate against you for asserting your legal rights. If you report a code violation to the housing authority, request a repair in writing, or join a tenant organization, a landlord cannot raise your rent, decrease services, threaten eviction, or otherwise punish you within a certain period (usually 6 to 12 months, depending on your state). Retaliation is illegal even if the landlord claims the action is unrelated.

What landlords can do: lease enforcement and rent increases

A landlord can enforce the terms of your lease. If the lease says no pets and you bring in a dog, the landlord can issue a notice to cure (fix the problem) or quit (move out). If the lease says no subletting and you rent the unit to someone else, the landlord can pursue eviction. The landlord must follow the court process; they cannot straightforward lock you out.

A landlord can also raise your rent when the lease renews, but only by the amount allowed under your state or local law. Some states cap rent increases at a percentage of the previous year's rent (often 5 to 10 percent), some require "just cause" for any increase, and some allow unlimited increases. A few cities have strict rent control that limits increases to inflation or a set percentage. The landlord must give notice before the increase takes effect — usually 30 to 90 days depending on your state.

What landlords cannot do: eviction without court

A landlord cannot evict you without a court order, no matter how far behind you are on rent or how badly you have violated the lease. Self-help eviction — removing your belongings, changing the locks, removing windows or doors, or shutting off utilities — is illegal in all states and can result in the landlord owing you money for damages and attorney fees.

To evict you legally, a landlord must file a case in housing court, serve you with a notice (usually 3 to 5 days for non-payment of rent, longer for other violations), and obtain a judgment from a judge. You have the right to appear in court and to present a defense. Only after the judge issues an eviction order can the landlord ask the sheriff to remove you. This process typically takes 30 to 60 days, though it can be longer if you contest the case.

What landlords can do: collect rent and enforce lease terms through court

A landlord can sue you in small claims or civil court to collect unpaid rent, even after you move out. They can also pursue an eviction case if you violate the lease. In both cases, the landlord must prove their case to a judge; they cannot straightforward declare you owe money.

If a landlord wins a judgment against you for unpaid rent, they can attempt to collect through wage garnishment, bank account levies, or a lien on your property — but only through the court system and only after following the state's collection procedures. A landlord cannot garnish your wages or seize your bank account without a court order.

Frequently Asked Questions

Can a landlord enter my apartment to show it to a new tenant?

Yes, but only with proper notice — usually 24 to 48 hours — and only during normal business hours. The landlord must have a legitimate reason (the lease is ending or you have given notice to move). They cannot enter repeatedly without cause or at unreasonable times such as early morning or late evening.

Can a landlord keep my security deposit if I break the lease early?

No. A security deposit can only be deducted for damage beyond normal wear and tear. Breaking the lease early may result in the landlord suing you for the remaining rent owed under the lease, but that is separate from the security deposit. The landlord must still return the deposit minus only legitimate damage deductions.

What can I do if my landlord shuts off my water or changes the locks?

Contact your local housing authority or tenant rights organization when ready. Self-help eviction is illegal, and you may have grounds to sue the landlord for damages, to break the lease without penalty, or to withhold rent. Document everything — take photos, keep records of when services were cut off, and get written statements from neighbors if possible.

Can a landlord refuse to rent to me because I have a service animal?

No. Under the Fair Housing Act, a landlord must allow service animals and emotional support animals with a disability-related need, even if the lease says "no pets." A landlord cannot charge a pet fee or deposit for a service animal. They can refuse only if the animal poses a direct threat to safety or has caused significant property damage in the past.

Can a landlord raise my rent whenever they want?

It depends on your state and city. Some states allow unlimited increases with proper notice (usually 30 to 90 days). Others cap increases at a percentage of the previous rent or require "just cause" for any increase. A few cities have strict rent control. Check your state and local housing authority website to learn what applies where you live.