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Tenant rights: what your landlord must provide

The baseline every rental has to meet, no matter what the lease says.

6 min read · House.ai Guide · Updated September 2026
HabitabilityWorking heat, water & locks — non-negotiable in every state
24–48 hrsTypical written notice required before your landlord can enter
Retaliation-freeIllegal to evict or raise rent for exercising your rights

Some protections exist no matter what your lease says — a landlord can’t contract out of them. The specifics vary by state and city, but a few basics show up almost everywhere in the U.S.

A livable home

Your unit has to meet basic “habitability” standards: working heat, plumbing and electrical, weatherproofing (no major leaks or drafts), functioning locks on doors and windows, and no pest infestations. If something in this category breaks, your landlord is generally required to fix it within a reasonable time after you report it.

  • Heat, water, and electricity in working order
  • Structurally sound — no major leaks, mold, or pest problems
  • Working locks on all exterior doors and windows
  • Smoke and carbon monoxide detectors, where required

Notice before entry

Except in a genuine emergency (like a burst pipe), most states require your landlord to give advance written notice — commonly 24 to 48 hours — before entering your unit, even to make a repair you asked for.

Protection from retaliation

It’s illegal for a landlord to evict you, raise your rent, or cut services in retaliation for something you’re legally entitled to do — reporting a habitability issue to a housing authority, joining a tenants’ union, or exercising a right under your lease.

Fair housing protections

Landlords can’t discriminate in renting, screening, or how they enforce a lease based on race, color, religion, sex, national origin, familial status, or disability. Several states and cities add further protected categories on top of this.

If something isn’t being met

Put the issue in writing (email is fine) so there’s a paper trail with a date. Many states also allow rent withholding or “repair and deduct” for serious, unaddressed habitability issues — but the rules for doing this correctly are strict, so check your local tenant law or a local tenant rights organization before withholding rent on your own.

Wondering about your own lease?

House.ai knows your lease terms and can walk through what’s actually enforceable.

Ask House.ai