Common Illegal Actions That Will Get Your Landlord in Trouble

Are you dealing with a landlord from hell?

One you initially thought was nice but did a complete 180 once you started living there?

Maybe it’s one that makes you want to tear your hair out whenever he or she comes knocking on your door. Maybe you blocked his or her number on your phone or crossed the opposite side of the street when you see him or her coming. Are you already anticipating a mouthful of complaints against you?

If so, you are not alone.

Many people never lodge a formal complaint, believing they are powerless against their landlords. They count down the days until their lease ends, and they can finally move out.

house needing maintenance

You may have tried talking to your landlord, but it likely led nowhere. You may be wondering, “what now?”

You may want to get your landlord in trouble… with the law. This means identifying any illegal landlord actions that he is doing and reporting them to the authorities.

Unbeknownst to many others like you, there are some things that they do that you may see as normal since they own the property. Still, the reality is these acts are already considered illegal and in violation of a tenant’s rights.

Caught your attention? Can you relate to it?

Then, keep reading as this article will explain how to get your landlord in trouble. These are some illegal landlord actions you should be looking out for.

If there are illegal things they are doing, it’s important to know what you can do about it.

Table of Contents

67 Common Illegal Actions That Will Get Your Landlord in Trouble

While you may skip reading anything that says “terms and conditions,” you cannot do so when it comes to a lease. This is because the owner crafts leases. It is easy for them to include terms considered illegal – whether they are aware of it or not.

It was discovered that most leases have illegal clauses that regular folks are not aware of. Many of those clauses are even thought of as normal, so tenants do not question them.

Any clause that violates the landlord and tenant laws is considered illegal, including state and common laws. Since they are responsible for coming up with the lease, checking the present clauses falls in your hands as a tenant.

If you see these clauses in your lease, know that these are considered illegal, even if they are commonly included in leases:

  1. Tenant paying fort all the necessary repairs of the apartment.
  2. Using the security deposit to pay for the unpaid utility bills of the tenant.
  3. Requiring you to pay for, utilities even if it was not used by that person under the landlord’s name.
  4. In case the lease is terminated, the tenant must pay rent that covers the remainder of the lease even if he or she will no longer residing there.
  5. Making the security deposits non-refundable.
  6. Requiring you to waive their right to privacy, allowing the landlord to enter the unit anytime.
  7. Prohibiting you from suing.
  8. Considering tenants to be solely responsible for all the damages that can happen to the property.
  9. Preventing someone from subletting the unit.
  10. Evicting non-paying tenants based on a whim and through physical means.
  11. In case legal issues between the tenant and the landlord are brought to court and the tenant loses, he or she will pay for the legal fees of the landlord.
  12. Asking you to pay rent beyond the first and last month. It’s when also converting the rent into a deposit to protect the property from damage or as payment for furniture rental.
  13. Requiring tenants to oversee the maintenance of landscaping.

Know that other clauses deemed illegal may not be included in this list. Make sure to consult with an attorney to identify these before you sign. Even if they rush you to sign the lease, you have the right to check every clause present.

If a landlord has multiple tenants in the same property, everyone should be treated equally. This means giving them the same rights and privileges, so check if this applies to you. A tenant should also look for a clause stating that the landlord is responsible for making the unit habitable. This is mandatory in any lease.

Even if you see an illegal clause, this does not mean that the lease must immediately be considered void. According to state laws, only an attorney can gauge if these clauses will be considered void.

Can they Refuse to Rent to Someone?

Just as tenants want to deal with reasonable landlords, they prefer renting out their units to tenants that will not be problematic. However, some tenants have this misconception that they cannot refuse to rent out their property to someone interested.

They are involved in a business, so they have the right to refuse to rent out their units to certain people. They can only do so to some extent. In particular, they are not allowed to reject potential tenants due to reasons that can be considered discriminatory. Based on the Fair Housing Act, they are prohibited from refusing to rent to potential tenants based on their:

rent illustration
  • National origin
  • Color or race
  • Religion
  • Sex
  • Familial status
  • Handicap or disability

Different states may also have local laws regarding their Section 8 participation discrimination. It’s also illegal if a landlord refuses to rent out to someone ‘because this is considered arbitrary discrimination.

On the other hand, they have the right to refuse potential tenants based on:

  • Pets, except those who require service animals
  • Criminal background or conviction
  • Credit history, including due their refusal to submit to a background check and credit report
  • Negative references, especially from a previous employer or person who rented a house to them
  • Evidence of low income or low credit score, including having numerous debts
  • Previous bankruptcies
  • Having a previous eviction lawsuit, even if the tenant won the case
  • History of not paying rent or damaging rental property
  • Smoking habit
  • No rental history
  • Falsified information, including not completely filling out the rental application
  • Objecting the lease terms
  • Frequent transfers or changing jobs
  • Having too many vehicles
  • Too many people to possibly occupy the unit
  • Evidence of drug habit even at present

They must only screen applicants based on their income, credit and rental history, background, and nothing else.

Penalty for Renting Illegal Apartments

Too often, tenants unknowingly rent illegal apartments from landlords because the low rent attracts them. Unfortunately, it can be challenging to discover its legal status by sight alone. An apartment may be well-built but still illegal.

Suppose you already signed the lease when you discovered that you are renting an illegal apartment. In that case, you may be wondering if you will be subjected to any penalty. The good news is only your landlord will pay for any penalties. It can amount to $15,000 or more if the apartment or property is being rented illegally. However, you may have to move out asap because of it. Depending on state laws, your landlord may be liable to shoulder your relocation costs.

rental agreement

Many states consider the lease as unenforceable in such scenarios, which means all its terms are considered void. However, your landlord has no obligation to return your past payments. This gives you the right not to pay rent, but it also gives them a reason to evict you.

But if you choose to stay even if they refuse to legalize the rental property, know that this is a very risky move. You still have the same rights as tenants renting legal apartments. The authorities may require you to move out at any time, and there is no guarantee that the unit you want will be available.

What They Cannot Do

Most people believe that since their landlords own the property, they are also at their mercy. They fail to realize that there are limits to this, and some people take advantage of that belief.

There are so many things that they cannot do, but the most common are:

  1. Entering the rental property if the person living there was not informed beforehand, except during emergencies.
  2. Retaliating because you complained about something, such as the condition of the property.
  3. Preventing someone who is behind on rent from entering the rental property.
  4. Forcefully evicting someone without obtaining an eviction order, as well as evicting them through physical means.
  5. Suddenly raising the rent without notice and beyond state limits.
  6. Discriminating against people.
  7. Turning down repair requests or forcing tenants to do the repairs themselves. Getting the repairs done but with the landlord hiring unlicensed contractors.
  8. Not disclosing if the property contains lead-based paints and other hazards. It includes not doing any lead testing even through the use of lead paint test kits or XRF devices.
  9. Skipping the required inspections before renting out the apartment, including not doing routine inspections.
  10. Deducting a security deposit because of other reasons not involving repairs on damages caused by tenants.
  11. Refusing to return the security deposit.
  12. Charging other fees that cannot be properly explained by the landlord and are not included in the lease.
  13. Violating the rights of tenants considered as protected class. It’s particularly those with disabilities, such as prohibiting them from bringing service pets and family members to live with them.
  14. Not disclosing that someone was rejected because of a negative credit information using another source aside from the credit report.
  15. The unit is not considered habitable, violating the Warranty of Habitability.
  16. Asking for a security deposit that exceeds the limits set by the state, if present. Certain states do not set limits to it. Requiring different amounts for different people living there, assuming everything else is the same.
  17. Asking questions that are considered invasive or out-of-bounds.
  18. Using the unit leased as the landlord’s extension of his or her storage area.
  19. Not providing a written lease, or asking you to sign outdated or “standard” ones is an illegal act that some landlord do.
  20. Cutting off the utilities for someone unable to pay rent or for other reasons.

Different states have different laws regarding tenant-landlord relationships, but those mentioned above will apply to most states. If a tenant feels like their rights are being violated, it is best to check the local laws. Consult with an attorney to know what to do next.

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