Renters account for around 34% of the United States population, many of whom are under the age of 35. You may choose to rent if you want a lower monthly payment than a mortgage, prefer someone else to handle property management, don’t spend a lot of time at home, or want a low-maintenance living space. As a renter, you’re entitled to a set of rights, also known as renter’s rights or tenant’s rights. Learn more about what rights you have as a renter, how they differ by state, and more.
Why renters’ rights matter
With the cost of homeownership continuing to rise, so does the demand for rentals. As a result, more people are dealing with lease agreements and rental policies that can be difficult to navigate.
By taking the time to understand some of the most important rights you have as a tenant, you could save yourself stress, unnecessary fees, and conflict with the property owner. Always carefully review your lease prior to starting a new one or renewing. Ask any questions you have before signing your agreement, and keep in mind that renters’ rights vary by state.
Important renter rights by state
Four states with some of the largest renter markets include New York, California, Nevada and Hawaii:
- New York: 45.9% of housing units occupied by renters
- California: 44.7% of housing units occupied by renters
- Nevada: 42.9% of housing units occupied by renters
- Hawaii: 39.7% of housing units occupied by renters
Take a look at the key rights for tenants in each of these states.
New York
New York is considered one of the most tenant-friendly states with many rent control clauses that landlords must follow without negotiation. New York renters have the right to a clean, healthy, and safe living environment. Landlords must also ensure privacy and peaceful habitation free of discrimination. The state has recently updated tenant protection laws to prevent wrongful eviction and to help protect against unwarranted rent increases.
California
In the state of California, there are statewide laws that control how much landlords can increase yearly rent. Landlords must have just cause to evict tenants, and they must return security deposits within a certain time frame after tenants move out. Tenants are also entitled to an itemized list of any deductions from their security deposit.
Nevada
Nevada tenants have the right to a well-maintained, safe, and habitable dwelling with access to heat, air conditioning, and running water as needed. They are also protected from unexpected rent increases as well as retaliation if they choose to exercise their tenant rights.
Hawaii
Hawaii’s renters’ rights ensure landlords disclose the property’s condition, provide a habitable dwelling, return the tenant’s security deposit within two weeks of their lease ending, and conduct repairs within a reasonable timeframe. Hawaii renters may be able to terminate their lease early under certain circumstances without penalty. And finally, Hawaii landlords must give notice before they enter a tenant’s dwelling.
Top renter rights to consider
If you’re preparing to be a renter, or already are, there are some key rights to consider:
Security deposits
When researching apartments or other rentals, determine how much the security deposit is and when you will get it back. Most states will limit security deposits to one- or two-months’ rent and require landlords to refund the deposit in a timely manner, often within 30 days. If you don’t receive your whole deposit back, your landlord will need to provide you with a list of deductions.
Evictions
Tenant rights often protect renters from wrongful eviction. For example, your state may require your landlord to provide written notice in advance of the eviction. How far in advance will vary by state and reason, such as if you’ve missed payments or if you’ve violated part of your lease agreement.
Lease renewals
If your lease is up, some states require landlords to give you the option to renew unless there is a legal issue. There may be additional renewal protections for properties that are rent-controlled or rent-stabilized. For example, your landlord may need to offer you a renewal with a capped percentage of how much they can increase your monthly rent.
The importance of renters’ insurance
As you learn more about your rights as a tenant, you should also understand rental insurance coverage. Tenant rights don’t cover everything, and they could leave you struggling to deal with damaged belongings, water damage, theft, and other issues. Renters’ insurance can help cover these events and may offer liability coverage as well in case someone is injured in your dwelling. It can also protect against temporary living expenses if your rental becomes uninhabitable due to a covered loss, like a fire or severe storm.
Not all states require renters’ insurance, but some landlords do as part of the lease agreement. It not only helps tenants recover financially but can also protect landlords from expensive replacements or repairs that could otherwise create disputes or delays. Coverage is typically affordable and flexible, allowing tenants to choose the right level of protection for their personal property and circumstances. If you’re unsure about rental insurance, take time to research rental insurance laws in your state and explore policy options to see how they can offer peace of mind and financial security.
Final thoughts
Renting your home doesn’t need to be stressful. There are many rights in place to help protect you from wrongful eviction, costly rent hikes, and much more, giving you peace of mind. Be sure to research renter rights specific to your state to understand the full extent to which you’re protected, as laws can vary widely. Being prepared can help you be a responsible and confident renter, while saving you money, time, and hassle throughout your rental experience. Knowledge of your rights can also empower you during disputes or lease negotiations, helping you make informed and fair decisions.
