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Budget and the Bees
Budget and the Bees
Latrice Perez

10 Things Landlords Are Now Legally Banned From Doing

landlords are now legally banned from doing
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The landlord-tenant relationship has historically involved significant power imbalances. For many years, landlords held most of the power, imposing strict rules with little recourse for renters. Fortunately, a growing tenants’ rights movement, along with new legislation, is leveling the playing field. Consequently, courts have deemed many once-standard landlord practices as discriminatory or illegal. Therefore, understanding these changes is crucial for both renters and landlords. Here are ten practices that landlords are now legally banned from doing.

1. Imposing “Blanket Bans” on Applicants with Criminal Records

Previously, landlords could freely reject applicants with a criminal record. However, new guidance from the Department of Housing and Urban Development (HUD) and various city laws have changed this. These rules argue blanket bans disproportionately affect minority groups, constituting housing discrimination. As a result, laws now ban landlords from using a blanket policy. Instead, they must perform an individualized assessment of each applicant.

2. Discriminating Against Tenants with Vouchers

In many jurisdictions, landlords can no longer refuse tenants who use rental assistance. This practice is known as “source of income” discrimination. Consequently, many state and city laws now protect renters who use vouchers. These laws explicitly state landlords must accept rental assistance as a lawful income source. Therefore, refusing an otherwise qualified applicant with a voucher is illegal.

3. Charging Exorbitant or Non-Refundable Fees

Some landlords used to add numerous non-refundable fees to standard security deposits. For instance, they charged “move-in” or “redecorating” fees. Now, however, many states cap security deposits at one or two months’ rent. Furthermore, they limit application fees to the actual cost of background checks. As a result, laws increasingly prohibit landlords from charging a list of extra fees.

4. Retaliating Against Tenants for Requesting Repairs

Tenants have a right to a safe and habitable home. Previously, landlords might have evicted or raised rent on a tenant for requesting repairs. This action is known as retaliatory eviction. Today, most state laws explicitly ban landlords from such retaliation. For example, if a landlord tries to evict someone soon after a repair request, the law presumes the action is retaliatory.

5. Locking Out a Tenant or Shutting Off Utilities

To evict a tenant, a landlord must follow the formal legal process. This means serving proper notice and getting a court order. In all states, it is illegal for landlords to perform “self-help” evictions. For example, they cannot change the locks or shut off essential utilities to force a tenant out. Ultimately, these illegal actions can lead to significant financial penalties for the landlord.

6. Failing to Provide Advance Notice Before Entry

A tenant has a right to the “quiet enjoyment” and privacy of their home. Therefore, a landlord cannot enter a tenant’s apartment without providing proper advance notice. The main exception is a true emergency, like a fire or major flood. Typically, the required notice period is at least 24 hours, though this varies by state. Consequently, showing up unannounced for a routine inspection violates the tenant’s rights.

7. Overly Broad “Guest” Restrictions

While landlords can set reasonable rules, they cannot police a tenant’s personal life. For example, courts in some areas have struck down lease clauses that severely restrict overnight guests. A landlord can set limits to prevent a guest from becoming an unauthorized occupant. However, a rule forbidding any overnight guest is generally unenforceable. Ultimately, this represents an overreach into a tenant’s personal freedom.

8. Requiring Tenants to Be “Claw-Free”

In more and more jurisdictions, landlords cannot require tenants to declaw their cats. Specifically, many states and cities now recognize declawing as a cruel surgical procedure. The laws acknowledge it can cause lifelong pain for the animal. Therefore, new statutes legally ban landlords from advertising a “no-claws” policy. However, they can still charge a pet deposit to cover potential damages.

9. Misusing a Tenant’s Security Deposit

The rules for security deposits have become very strict. For example, landlords cannot keep a deposit for “general wear and tear.” They can only deduct for actual damages beyond normal use or for unpaid rent. Furthermore, they must provide an itemized list of any deductions. They also must return the remaining balance within a specific timeframe, usually 21 to 30 days.

10. Ignoring Bed Bug or Mold Infestations

Landlords have a legal duty to provide a safe, livable home. This duty is called the “implied warranty of habitability.” Increasingly, courts interpret this warranty to include freedom from pests and mold. Thus, landlords cannot blame tenants for these issues and must remediate them. Failing to fix a serious mold or bed bug problem breaches the lease and is illegal.

A New Chapter in Renters’ Rights

Indeed, the landscape of rental law is shifting to protect tenants more. As a renter, you must know your rights to defend against unfair treatment. Similarly, property owners must stay current on these regulations to run a lawful business. Ultimately, these new rules ensure profit does not compromise a tenant’s right to a safe home. They also clarify what actions laws now ban landlords from taking.

Have you ever had a landlord try to do something that you knew was illegal? Share your experience below.

Read More:

8 Robbery Setups That Start with a Knock at the Wrong Time

12 Tips to Guard Against Unscrupulous Landlords and Rental Scams

The post 10 Things Landlords Are Now Legally Banned From Doing appeared first on Budget and the Bees.

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