What a landlord cannot do: six lines not to cross

Lock a renter out or shut off utilities

Courts, not landlords, remove renters. Changing the locks, removing doors or turning off utilities to force someone out is illegal under the statutes below and in many other states.

• California: you may not, with intent to force a tenant out, cut off utilities, change the locks, remove outside doors or windows, or remove the tenant's belongings (Cal. Civ. Code § 789.3(a), (b)). A landlord who does owes actual damages plus up to $100 for each day of violation, at least $250 for each separate cause of action, and the winner recovers attorney's fees (Cal. Civ. Code § 789.3(c), (d)).
• Texas: you may not keep a tenant out without a court order except for bona fide repairs, construction or an emergency, removing the contents of an abandoned unit, or a lock change for delinquent rent that follows the statute exactly. You also may not interrupt utilities except for bona fide repairs, construction or an emergency (Tex. Prop. Code § 92.0081; Tex. Prop. Code § 92.008).
• Florida: you may not cut off any utility service, even one you pay for, keep the renter out by changing the locks, or remove doors, locks, walls or windows except for maintenance, repair or replacement (Fla. Stat. § 83.67(1), (2), (5)).

A renter who stays after the lease ends is usually still owed the court process. See why self-help eviction backfires.

Enter without proper notice

Owning the building does not give you open access to a rented home. Many state statutes require advance notice except in an emergency, and some set the exact time:

• Arizona: at least two days' notice of your intent to enter, at reasonable times, except in an emergency or where it is impracticable (A.R.S. § 33-1343(A)).
• Florida: at least 24 hours' notice to enter for repairs, between 7:30 a.m. and 8:00 p.m. You may enter at any time to protect or preserve the premises (Fla. Stat. § 83.53(1), (2)).
• Washington: at least two days' written notice stating the date and time, or a time window, and a phone number the renter can use to object or reschedule. One day's notice is enough to show the unit to buyers or renters (RCW 59.18.150(6)).

Where no statute sets a period, as in Texas, entry terms come from the lease, so write them in (Tex. Prop. Code ch. 92). If a renter refuses reasonable access, talk it through or use the lease remedy. Do not let yourself in.

Retaliate against a renter who complains

A renter who asks for repairs, reports a code violation or joins a tenant group is using a legal right. Punishing that is retaliation.

• Texas: for six months after a renter in good faith gives a repair notice, complains to a code agency or utility, uses a legal remedy or joins a tenant organization, you may not retaliate. Barred acts include filing an eviction, cutting services, raising the rent and ending the lease (Tex. Prop. Code § 92.331).
• New York: you may not serve a notice to quit, start an eviction or substantially change the tenancy in retaliation for a good faith complaint about health, safety or habitability. Refusing to renew, or offering a renewal at an unreasonable increase, counts as a substantial change (N.Y. Real Prop. Law § 223-b).

If you have a legitimate reason to raise the rent or end a tenancy soon after a complaint, write it down, apply it to every renter the same way and keep the repair record.

Discriminate or advertise a preference

The federal Fair Housing Act bars refusing to rent, setting different terms, publishing an ad that shows a preference, or falsely saying a unit is unavailable because of race, color, religion, sex, familial status, national origin or disability. It also treats as discrimination a refusal to allow reasonable modifications at the renter's expense, or to make reasonable accommodations in rules and policies, for a person with a disability (42 U.S.C. § 3604).

Many states protect more groups. California adds source of income, veteran or military status, sexual orientation, gender identity and others (Cal. Gov. Code § 12955(a)). New York adds lawful source of income, citizenship or immigration status, age and status as a victim of domestic violence, among others (N.Y. Exec. Law § 296(5)(a)). Use written criteria and apply them the same way to every applicant.

Treat the deposit as your own money

A security deposit is held for the renter until you have a lawful reason to keep part of it. Missing the return deadline or keeping it in bad faith can cost you the deposit and more:

• California: a landlord who in bad faith fails to follow the return rules may not claim any of the deposit, and bad faith retention can bring statutory damages of up to twice the deposit on top of actual damages (Cal. Civ. Code § 1950.5(h)(7), (m)).
• Texas: missing the 30-day deadline creates a presumption of bad faith, and keeping a deposit in bad faith costs $100, three times the amount wrongfully withheld and the renter's attorney's fees (Tex. Prop. Code § 92.109).
• New York: if you do not give an itemized statement within 14 days after the renter moves out, you lose the right to keep any part of the deposit (N.Y. Gen. Oblig. Law § 7-108(1-a)(e)).

Never deduct for ordinary wear and tear, and keep a receipt for every charge. The deposit return deadlines by state list each state's clock.

Ignore repair requests

States require you to keep a rental fit to live in, and some put a number on how fast you must act. Washington requires you to start repairs after the renter's written notice within 24 hours for loss of hot or cold water, heat or electricity or an imminent hazard, within 72 hours for a refrigerator, range and oven or major plumbing fixture you supplied, and within 10 days in other cases (RCW 59.18.070).

In Virginia, if you do not take reasonable steps within 14 days after written notice of a serious condition, the renter may hire a licensed contractor and deduct the actual cost from rent, up to one month's rent or $1,500, whichever is greater (Va. Code § 55.1-1244.1(B), (C)). Track each request from the day it arrives; our guide to how fast to fix rental repairs covers triage.

Habits that keep you on the right side

• Put every notice in writing and keep proof of delivery.
• Use the court process for any removal.
• Give entry notice every time.
• Use written rental criteria for every applicant.
• Calendar the deposit deadline the day the renter moves out.
• Log every repair request and its completion date.

How Rentari helps

Renters can send maintenance requests and messages through Rentari, so each request, your reply and the work order to your vendor carry a date. Rentari keeps the record; it does not give legal advice or decide what your state allows.

Sources and further reading

• California Civil Code § 789.3: lockouts and utility shutoffs
• Texas Property Code chapter 92: residential tenancies
• Florida Statutes § 83.67: prohibited practices
• Florida Statutes § 83.53: landlord's access
• Arizona Revised Statutes § 33-1343: access
• Revised Code of Washington 59.18.150: landlord entry
• New York Real Property Law § 223-b: retaliation
• 42 U.S.C. § 3604: Fair Housing Act prohibited practices
• California Government Code § 12955: housing discrimination
• New York Executive Law § 296: unlawful discriminatory practices
• California Civil Code § 1950.5: security deposits
• New York General Obligations Law § 7-108: deposits
• Revised Code of Washington 59.18.070: repair timelines
• Code of Virginia § 55.1-1244.1: tenant repair remedy

Common questions