What a landlord cannot do: rules that apply almost everywhere

A landlord cannot refuse to rent because of a protected trait, force a tenant out with a lockout or utility shutoff, punish a tenant for complaining, walk in without required notice, or keep a deposit without explaining the deductions. These prohibited landlord practices show up, with local variations, in federal law and in nearly every state's landlord-tenant code.

Discrimination is the one rule that is uniform nationwide. The federal Fair Housing Act bars housing discrimination based on race or color, religion, sex, national origin, familial status, or disability. The U.S. Department of Justice lists refusing to rent to families with children, and giving false information about availability because of race, among the practices the Act prohibits. A renter can file a complaint with the U.S. Department of Housing and Urban Development within one year of the last discriminatory act, or file a private lawsuit within two years. Many states and cities protect additional groups. Landlords who want to stay on the right side of these rules can start with our guide to legally screening a tenant.

Self-help eviction is the next big one. A landlord who wants a tenant out has to go through the courts, and the shortcuts are banned almost everywhere. California Civil Code section 789.3 forbids willfully cutting off utilities, changing locks, removing doors or windows, or removing a tenant's belongings with intent to end the tenancy. Florida Statutes section 83.67 bars the same tactics and adds a ban on bootlocks. Texas Property Code sections 92.008 and 92.0081 prohibit utility interruptions and lockouts, with one unusual exception: a Texas landlord may change the locks on a tenant who is behind on rent, but only if the lease allows it, advance written notice is given, and a new key is available at any hour whether or not the tenant pays. Our post on keys, locks, and lockouts covers that rule in more detail.

The penalties are steep enough that one lockout can cost more than a year of late rent. The table below lists remedies written into statutes from California, Florida, Texas, and Massachusetts.

Here is how the Texas math works. Sam rents an apartment for $1,200 a month and is $600 behind. The landlord changes the locks without the lease clause or the advance notice the statute requires, and Sam spends $300 on a motel for two nights. Under section 92.0081(h), Sam can recover a civil penalty of one month's rent plus $1,000, which is $2,200, plus the $300 in actual damages, for $2,500. Subtracting the $600 in unpaid rent leaves $1,900, before court costs and attorney's fees. Even a lawful lock change for unpaid rent carries a risk: a landlord who then refuses to provide a new key owes an extra civil penalty of one month's rent under section 92.0081(i), which would be another $1,200 here.

Retaliation, entry, and deposits

Retaliation rules protect tenants who complain to a code agency, join a tenant group, or exercise fair housing rights. Florida section 83.64 lists those examples and makes it unlawful to raise rent, cut services, or file for eviction primarily as payback, though the defense fails if the landlord proves good cause such as nonpayment. Our guide to landlord retaliation covers how other states handle it.

Entry without notice is limited in most states, though the notice period differs. California Civil Code section 1954 presumes 24 hours' written notice is reasonable, or six days if mailed, and generally limits entry to normal business hours. The notice must give the date, approximate time, and purpose. Florida section 83.53 requires at least 24 hours' notice to enter for repairs, between 7:30 a.m. and 8:00 p.m. Both states allow entry without notice in an emergency and bar using access to harass a tenant. Massachusetts goes further and voids any lease clause letting the landlord enter before the lease ends for reasons other than inspection, repairs, or showing the unit, with limited exceptions such as a court order or apparent abandonment. Our state-by-state entry guide lists the rest.

Finally, a landlord cannot quietly pocket a deposit. In Massachusetts, a landlord who deducts for damage must provide within 30 days an itemized list sworn under the pains and penalties of perjury, with estimates, bills, or receipts. Florida section 83.49 requires a landlord who plans to claim part of the deposit to send written notice within 30 days of the lease ending; missing that deadline forfeits the claim against the deposit, though the landlord may still sue for damages after returning it. Standard forms like a residential lease should spell out these deposit terms, but no lease clause can waive them.

Sources

• U.S. Department of Justice: The Fair Housing Act
• HUD: Report and investigate housing discrimination
• California Civil Code section 789.3
• California Civil Code section 1954
• Florida Statutes section 83.67
• Florida Statutes section 83.64
• Florida Statutes section 83.53
• Florida Statutes section 83.49
• Texas Property Code chapter 92 (sections 92.008, 92.0081, and 92.109)
• Massachusetts General Laws chapter 186, section 15B