Landlord May Not Discriminate

• Federal law and many state laws prohibit a landlord from using discriminatory criteria when selecting a tenant. The federal Fair Housing Acts bar a landlord from discriminating against a tenant or a prospective tenant based on race or color, national origin, religion, disability or handicap, sex and familial status. If a tenant or a prospective tenant experiences discrimination, the tenant may file a complaint with the U.S. Department of Housing and Urban Development (HUD).
  
  

Tenant Selection Process

• There are several legal reasons a landlord can reject a prospective tenant. When selecting a tenant, a landlord should use a fair screening process for all applicants. A landlord can choose a tenant by considering the following factors: credit history, references, whether pets will occupy the rental, income, prior bankruptcies, some criminal convictions and the applicant's past record of not paying rent.
  
  

Landlord Must Make Repairs

• By law, a landlord owes a tenant the duty to repair and maintain the rental unit in a manner that is fit for occupancy. This is referred to as an "implied warranty of habitability." In most states, a landlord must provide a rental unit with heating, plumbing, electricity and gas. If a landlord fails to provide a habitable rental, in most states the tenant can make the repair and deduct the cost from the rent, move out, or continue paying rent but sue the landlord.
  
  

Landlord Must Notify Tenant before Entering the Rental

• A tenant has the right to privacy. Consequently, a landlord may only enter a tenant's rental unit under specific circumstances. In most states, after giving a verbal or written notice 24 hours before the entry, a landlord may enter a rental to make repairs or show the property to a prospective tenant. In the case of an emergency, a landlord may enter without giving notice.
  
  

Security Deposit Laws

• A landlord is permitted to require a security deposit. The law allows the landlord to use the security deposit to pay the rent if the tenant defaults or to pay for damage to the property. A landlord may not use the security deposit to pay for normal wear and tear, but can use it to pay for excessive damage, such as broken tile on a kitchen countertop. In general, depending on the state, a landlord must return the remainder the security deposit within 14 to 60 days.