Curious about what exactly your landlord is responsible for? Here's a list of things your landlord can and cannot do.

According to law, you landlord must...

(a) make sure that your house or apartment complies with all building, housing and health codes that significantly affect your health and safety. If you feel your landlord is not following the building, housing or health codes, you should contact your local tenant's union.

(b) make all repairs necessary to make your house or apartment livable. Keep in mind that this means your landlord is responsible for NECESSARY repairs, not repainting your front door for aesthetic appeal.

(c) take care that all electrical, plumbing, heating and ventilation systems are in good working order.

(d) supply sufficient amounts of hot water and heat at all times.

(e) keep the hallways and stairways safe and sanitary.

(f) provide garbage cans (if he or she owns four or more units in your building).*

(g) give you reasonable notice before he or she enters your apartment

Your landlord must not...

(a) increase your rent, decrease you services, issue or even threaten to issue an eviction as a result of your complaining to him or to the city about a code violation or because you joined a tenants' union of some sort. As long as you are assembling peaceably, you have a constitutional right to join whatever group you want to.

(b) shut off any of your utilities, change the locks on your apartment or threaten any of these acts in order to make you move out of your apartment.

(c) enter your apartment without consulting you or repeatedly demand to enter. In most leases there is a clause stating that the landlord must give you reasonable notice before entering. Typically, leases will state that your landlord must give you at least twenty-four hours notice before entering. Also, if your landlord is constantly entering your apartment - whether he or she gives notice or not - you don't have to withstand it. You should consult your local tenant's union.

(d) refuse to rent a unit to you due to your race, sex, religion, age, previous condition of servitude, physical limitation, national origin or sexual preference. If your landlord has done any of these things, you have been discriminated against and may be able to take the case to court.

Regardless of whether or not you're behind on your rent, your landlord still has no right to do any of the things mentioned in the “must not” list. If your landlord does any of these things, you should consult an attorney. In some cases such as forced entry or theft, the landlord should be reported to the police as well.

*A-F are enforced by the Implied Law of Habitability.

Published: April 24, 2000

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