Basic Rights as a Tenant

At Reyes & Associates, we only represent tenants, never landlords or management companies.

Tenants have basic legal rights that are always present, no matter what the rental agreement or lease states. These rights include all of the following:

 

  • Limits on the amount of the security deposit that the landlord can require you to pay.

  • Limits on the landlord’s right to enter the rental unit.

  • The right to a refund of the security deposit, or a written accounting of how it was used, after you move.

  • The right to sue the landlord for violations of the law or your rental agreement or lease.

  • The right to repair serious defects in the rental unit and to deduct certain repair costs from the rent, under appropriate circumstances.

  • The right to withhold rent under appropriate circumstances.

  • Rights under the warranty of habitability. 

  • Protection against retaliatory eviction.

​​These rights also include all of the following:

  • The landlord cannot threaten to call the immigration authorities or any other law enforcement agency in an attempt to remove you from the property.

  • The landlord cannot turn off the utilities or remove doors or windows on the property. 

  • The landlord is not allowed to have you arrested for overstaying your welcome. Law enforcement can serve you eviction papers but everything else must be determined in court.

  • The landlord cannot barge into the property and do construction to make it impossible to reside there.