---
name: tenant-rights-advisor
description: |
  Lease review guidance, security deposit rights, repair obligations, eviction process understanding, and tenant protections for informed renting decisions.
  Use when the user asks about tenant rights advisor, or needs help with lease review guidance, security deposit rights, repair obligations, eviction process understanding, and tenant protections for informed renting decisions.
  Do NOT use when the request requires professional legal advice or falls outside the scope of tenant rights advisor.
license: Apache-2.0
metadata:
  author: foundry-skills
  version: "1.0.0"
  tags: "legal-literacy contracts tenant-rights"
  category: "legal-civic"
  subcategory: "tenant-rights"
  depends: ""
  disclaimer: "not-legal-advice"
  difficulty: "intermediate"
---

# Tenant Rights Advisor

> **Disclaimer:** This skill provides general legal literacy and educational information to help you understand legal concepts and processes. It does NOT constitute legal advice, represent you in any legal matter, or create an attorney-client relationship. Laws vary by jurisdiction and change over time. Always consult a qualified attorney licensed in your jurisdiction for advice on specific legal matters affecting you.

> **LEGAL DISCLAIMER**: This guide provides general educational information about tenant rights in the United States. Landlord-tenant laws vary significantly by state, county, and city. This is NOT legal advice. For specific situations, consult a tenant rights organization in your area, a legal aid attorney, or a licensed attorney. Many areas have free tenant legal hotlines and legal aid organizations. If you are facing eviction, seek legal help immediately.

## When to Use

**Use this skill when:**
- User asks about tenant rights advisor
- User needs guidance on tenant rights advisor topics
- User wants a structured approach to tenant rights advisor

**Do NOT use when:**
- Request requires professional consultation beyond educational guidance
- User needs emergency assistance

## Before You Sign: Lease Review

### Key Lease Terms to Understand

Every lease should clearly state:

| Term | What to Check |
|------|--------------|
| **Lease duration** | Month-to-month vs. fixed term (6 months, 1 year) |
| **Rent amount and due date** | Amount, when due, acceptable payment methods |
| **Late fees** | Amount and when they apply (some states cap late fees) |
| **Security deposit** | Amount, conditions for return, timeline for return |
| **Maintenance responsibilities** | What landlord maintains vs. what tenant maintains |
| **Utilities** | Which are included, which tenant pays |
| **Pet policy** | Allowed/not, pet deposit, breed/weight restrictions |
| **Guest policy** | Restrictions on overnight guests or duration |
| **Subletting** | Whether allowed, process required |
| **Early termination** | Penalty, notice period, conditions |
| **Renewal terms** | Auto-renewal clause, rent increase notice requirements |
| **Entry notice** | How much notice landlord must give before entering (typically 24-48 hours by law) |

### Lease Red Flags

- [ ] Waiver of landlord's maintenance obligations
- [ ] Tenant responsible for ALL repairs regardless of cause
- [ ] Landlord can enter without notice
- [ ] No limit on late fees
- [ ] Non-refundable "security deposit" (may be illegal in your state)
- [ ] Tenant waives right to jury trial or to join class action
- [ ] Lease allows landlord to change terms unilaterally
- [ ] No specified process for returning the security deposit
- [ ] Automatic renewal with no opt-out window
- [ ] Tenant responsible for landlord's attorney fees in ALL disputes

**Important**: Many illegal lease clauses are unenforceable even if you sign them. State law generally supersedes a lease provision that violates tenant protection statutes.

## Security Deposits

### Your Rights (General Framework)

**Limits on Amount**
- Many states cap deposits: typically 1-2 months' rent
- Some states: no limit (verify your state)
- First month, last month, and security deposit may all be separate

**Return Timeline**
- Most states require return within 14-30 days after move-out
- Landlord must provide an itemized list of any deductions
- Failure to return on time or itemize can result in penalties (often 2-3x the deposit)

### Protecting Your Deposit

**At Move-In**
1. Complete a detailed move-in condition checklist
2. Photograph and video every room, wall, floor, fixture, and appliance
3. Note existing damage in writing on the checklist
4. Both you and landlord sign and date the checklist
5. Keep your copy and digital backups of all photos/videos

**During Tenancy**
- Report maintenance issues in writing (email creates a record)
- Document any damage caused by landlord neglect
- Keep copies of all communication with landlord
- Do not make unauthorized modifications

**At Move-Out**
1. Clean thoroughly (professional cleaning if required by lease)
2. Photograph and video every room again (compare to move-in photos)
3. Complete move-out checklist if available
4. Request a walk-through with the landlord (required in some states)
5. Return all keys, remotes, and access devices
6. Provide forwarding address in writing

### Normal Wear and Tear vs. Damage

**Landlord CANNOT deduct for normal wear and tear:**

| Normal Wear and Tear | Tenant Damage |
|---------------------|---------------|
| Small nail holes from hanging pictures | Large holes in walls |
| Faded paint or carpet from sunlight | Stains, burns, or pet damage to carpet |
| Worn carpet in high-traffic areas | Ripped or torn carpet |
| Minor scuffs on hardwood floors | Deep scratches or gouges |
| Loose door handles from normal use | Broken doors or locks |
| Dusty blinds | Broken or missing blinds |
| Faded curtains | Missing curtains (if provided) |

### If Your Deposit Is Wrongfully Withheld

1. Send a formal written demand for return of deposit (certified mail)
2. Reference your state's specific statute
3. Include your documentation (move-in/move-out photos, condition report)
4. Set a deadline for response (10-14 days)
5. If no response: file in small claims court
6. Many states award 2-3x the deposit amount as penalty for bad faith withholding

## Repairs and Habitability

### The Implied Warranty of Habitability

In all states, landlords must maintain rental property in habitable condition. This includes:
- Functioning heating system (and AC where required)
- Hot and cold running water
- Working plumbing and sewage
- Working electrical systems
- Weatherproof structure (no leaks, broken windows)
- Reasonable security (working locks, secure entries)
- Free from pest infestations (in most states)
- Smoke and carbon monoxide detectors
- Compliance with building and housing codes

### The Repair Request Process

**Step 1: Notify in Writing**
- Always put repair requests in writing (email or letter)
- Describe the issue specifically
- Note the date you first noticed the problem
- Request a specific timeframe for repair
- Keep a copy of every communication

**Step 2: Follow Up**
- If no response within a reasonable time (varies by severity):
  - Emergency (no heat in winter, gas leak, flood): 24 hours
  - Urgent (broken lock, no hot water): 3-7 days
  - Non-urgent (dripping faucet, cosmetic issues): 14-30 days

**Step 3: Escalate If Necessary**

| Option | How It Works | Risk Level |
|--------|-------------|-----------|
| Contact code enforcement | File complaint with local housing inspector | Low |
| Repair and deduct | Fix it yourself, deduct cost from rent (if legal in your state) | Medium |
| Withhold rent | Place rent in escrow, withhold until repaired (strict rules) | High |
| Break the lease | Constructive eviction claim (uninhabitable conditions) | High |

**Warning**: Rent withholding and repair-and-deduct have strict legal requirements that vary by state. Done incorrectly, you could face eviction. Get legal advice before using these remedies.

## Understanding the Eviction Process

### Legal Grounds for Eviction

A landlord can typically evict for:
- Non-payment of rent
- Lease violations (unauthorized pets, subletting, disturbances)
- Holding over after lease expiration
- Illegal activity on the premises
- Owner move-in (in some jurisdictions, with restrictions)

### What Landlords CANNOT Do

**Illegal "Self-Help" Evictions** (Illegal in ALL states):
- Changing the locks without a court order
- Shutting off utilities
- Removing your belongings
- Physically removing you
- Threatening or intimidating you to leave

If a landlord does any of these, you may have legal recourse including damages.

### The Formal Eviction Process

```
EVICTION TIMELINE (General):

1. NOTICE TO QUIT / PAY OR VACATE
   - Landlord serves written notice
   - Timeframe: 3-30 days depending on state and reason
   - For non-payment: typically 3-5 days to pay or vacate
   - For lease violation: typically 10-30 days to cure or vacate

2. IF YOU DO NOT COMPLY: COURT FILING
   - Landlord files eviction lawsuit (unlawful detainer)
   - You are served with court papers
   - You have a right to respond and appear in court

3. COURT HEARING
   - Both parties present their case
   - You have the right to legal representation
   - Judge makes a decision

4. IF JUDGMENT IS AGAINST YOU
   - Writ of possession issued
   - Sheriff/marshal enforces eviction (NOT the landlord)
   - You have a short period to remove belongings (varies)
```

### Defending Against Eviction

Potential defenses (consult an attorney):
- Improper notice (wrong form, wrong timeframe, wrong delivery method)
- Rent was paid (bring proof)
- Landlord accepted partial payment after filing
- Retaliatory eviction (you complained about conditions, landlord retaliates)
- Discriminatory eviction (based on protected class)
- Uninhabitable conditions (landlord failed to maintain property)
- Technical defects in the filing

### Eviction Help Resources

- **Legal Aid**: Search "legal aid [your state]" for free legal services
- **Tenant Unions**: Local organizations that advocate for renters
- **HUD**: Housing counseling at 1-800-569-4287
- **Court self-help centers**: Many courts have free assistance for pro se litigants
- **211 helpline**: Dial 211 for local resources including emergency housing

## Tenant Protections

### Fair Housing Act (Federal)

Landlords CANNOT discriminate based on:
- Race or color
- National origin
- Religion
- Sex (including sexual orientation and gender identity)
- Familial status (families with children)
- Disability

**Additional state/local protections** may include: source of income, immigration status, age, marital status, veteran status.

### Retaliation Protection

Most states prohibit landlords from retaliating against tenants who:
- Report code violations to authorities
- Exercise legal rights (withholding rent legally, organizing tenants)
- Complain about habitability issues
- File fair housing complaints

Retaliation includes: rent increases, reduced services, eviction filing, or harassment.

### Rent Increase Rules

- **Month-to-month**: Landlord can increase with proper notice (typically 30-60 days)
- **Fixed-term lease**: Cannot increase during the lease term (unless lease allows it)
- **Rent control jurisdictions**: Annual increase caps and additional protections
- **Section 8/voucher holders**: Specific rules about rent increases

## Documentation Best Practices

### What to Keep Records Of

```
TENANT DOCUMENTATION CHECKLIST

[ ] Signed lease (your copy)
[ ] Move-in condition report with photos/video
[ ] All communication with landlord (save emails and texts)
[ ] Rent payment records (bank statements, receipts, cancelled checks)
[ ] Repair requests (written, dated)
[ ] Photos of any issues (dated)
[ ] Move-out condition photos/video
[ ] Security deposit receipt
[ ] Any notices received from landlord
[ ] Proof of renter's insurance
```

### Communication Best Practices
- Always communicate in writing (email preferred, creates automatic timestamp)
- Follow up phone conversations with an email summary: "Per our call today..."
- Keep copies of everything, backed up digitally
- Send important letters via certified mail with return receipt
- Never sign anything you have not read completely
- Never agree to lease modifications verbally - get it in writing

## Renter's Insurance

Not a legal requirement in most cases but strongly recommended:
- Covers your personal belongings (theft, fire, water damage)
- Provides liability coverage (someone injured in your unit)
- Typically $15-30/month
- Landlord's insurance does NOT cover your belongings
- Some landlords require it as a lease condition


## Output Format

```
TENANT RIGHTS ADVISOR OUTPUT
============================

Section 1: Assessment / Analysis
- Key findings
- Recommendations

Section 2: Action Plan
- Step-by-step guidance
- Timeline if applicable

Section 3: Resources
- Relevant references
- Next steps
```

## Example

**Input:** "Help me get started with tenant rights advisor"

**Output:** A structured tenant rights advisor plan tailored to the user's specific situation, following the process outlined above.

## Edge Cases

- **Incomplete information:** Ask clarifying questions before proceeding. Do not assume details the user has not provided.
- **Out of scope requests:** Redirect to appropriate professional resources when the request exceeds educational guidance.
- **Conflicting requirements:** Present trade-offs clearly and let the user decide priorities.
