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How to File Landlord-Tenant Complaints

Quick Summary

Housing complaints represent one of the most common consumer protection issues nationwide, with over 2.3 million tenant complaints filed in 2025 according to federal housing data. Common violations include unlawful security deposit withholding (affecting 32% of renters), habitability issues (no heat, water, unsafe conditions), illegal fees beyond state limits, lease violations by landlords, retaliatory eviction, and housing discrimination under the Fair Housing Act. While housing courts handle most landlord-tenant disputes, Attorney Generals enforce consumer protection laws against systematic violations, deceptive practices, and discrimination by landlords and property management companies.

Know Your Rights: You have the right to habitable housing, return of your security deposit (with itemized deductions), freedom from retaliation, and equal housing opportunity regardless of protected characteristics. Violations can result in damages, penalties, and injunctive relief against landlords.

Security Deposit Disputes (Unlawful Withholding)

2025 Statistics: Security deposit disputes affect over 32% of renters nationwide, with average disputed amounts of $1,200. Most common improper deductions: normal wear and tear (58%), cleaning fees exceeding actual costs (34%), undocumented damages (28%).

What Landlords CAN and CANNOT Deduct

CANNOT Deduct (Normal Wear and Tear)

  • Paint: Faded, scuffed walls from normal use (most states: repainting needed every 3-5 years is landlord's cost)
  • Carpet: Worn carpet from normal foot traffic (typical carpet life: 5-7 years)
  • Appliances: Normal aging of appliances in working condition
  • Fixtures: Loose handles, worn faucets from regular use
  • Windows: Worn window screens, loose handles
  • Doors: Minor scratches, loose hinges from normal use
  • Floors: Minor scratches on hardwood from furniture, normal wear
  • General: Faded curtains, worn linoleum, loose grouting, minor settling cracks

CAN Deduct (Actual Damage Beyond Normal Wear)

  • Holes in walls: Beyond small nail holes for pictures
  • Broken fixtures: Smashed windows, broken doors, damaged countertops
  • Stains: Permanent stains from spills, pet damage, burns
  • Missing items: Smoke detectors, appliances, fixtures removed
  • Excessive cleaning: Filthy conditions requiring professional cleaning (if tenant responsible for cleaning per lease)
  • Unpaid rent: Outstanding rent owed (in most states)
  • Repairs: Damage requiring professional repair beyond normal maintenance

State Security Deposit Laws (Key Differences)

Return deadline varies by state:

  • 14 days: Arizona, Connecticut, Hawaii, New Mexico, Oregon, Tennessee
  • 21 days: California, Illinois, Massachusetts, Nevada, Rhode Island, Virginia
  • 30 days: Alabama, Alaska, Colorado, Florida, Georgia, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming
  • 45-60 days: Delaware, Iowa, Montana (if deductions made)

Itemization requirements:

  • Mandatory itemization: Most states require written explanation of all deductions
  • Receipts required: Some states (California, Michigan, others) require receipts/invoices for deductions
  • Photos: Some states require documentation of damages

Penalties for wrongful withholding:

  • Double damages: California, Illinois, Massachusetts, New Jersey
  • Triple damages: Connecticut, Maryland, Nevada
  • Attorney fees: Available in most states if tenant prevails
  • Bad faith penalties: Additional damages if landlord acted in bad faith

How to Challenge Security Deposit Deductions

  1. Review itemized statement: Check what landlord claimed as damages
  2. Compare to move-in condition: Review move-in inspection report, photos
  3. Identify improper deductions: Flag normal wear and tear items
  4. Research state law: Know your state's specific requirements
  5. Send demand letter: Certified mail requesting return of improperly withheld funds (include deadline, typically 10-14 days)
  6. File small claims: If landlord doesn't respond, file in small claims court (most security deposit cases)
  7. File AG complaint: If landlord has pattern of violations or engages in deceptive practices

Real Security Deposit Case (2025)

Situation: Landlord withheld entire $1,800 security deposit claiming "excessive damage" and "need for complete repainting and carpet replacement." Tenant lived in unit 2 years.

Tenant's evidence:

  • Move-in photos showing worn carpet and scuffed paint already present
  • Move-out photos showing clean, normal condition
  • Landlord's itemization: $800 paint, $1,000 carpet
  • State law: carpet typical life 7 years, painting needed every 3-5 years
  • No itemized receipts provided by landlord
  • Correspondence showing tenant requested move-out inspection (landlord didn't show)

Outcome: Tenant filed small claims suit. Judge ruled entire withholding improper (normal wear and tear). Awarded tenant $3,600 (double damages under state law) plus $450 court costs and filing fees.

Key factors: Excellent documentation, clear normal wear and tear, landlord failed to provide receipts, state law allowed double damages.

Common Illegal Security Deposit Practices

  • Charging excessive security deposit: Beyond state limits (typically 1-2 months' rent)
  • Not holding in separate account: Required in many states
  • Not paying interest: States like Illinois, New Jersey require interest on deposits
  • Not providing itemization: Required in nearly all states
  • Missing return deadline: Automatic penalties in many states
  • Deducting for pre-existing damage: Damage present at move-in
  • Charging "non-refundable deposits": Illegal in many states (must be called "fee")
  • Keeping deposit without explanation: Simply not returning deposit

Habitability Issues (Unsafe or Unlivable Conditions)

2025 Statistics: HUD data shows 6.2 million rental units have moderate to severe physical problems. Most common: heating system failures (1.8M units), plumbing issues (1.4M), electrical hazards (980K), structural problems (840K).

Implied Warranty of Habitability

All residential leases include implied warranty of habitability - landlord must provide safe, livable housing meeting minimum standards.

Essential habitability requirements (varies by state):

  • Weather protection: Roof, walls, windows keeping out rain, snow, wind
  • Heating: Adequate heat in cold months (typically minimum 68°F)
  • Hot water: Functioning hot water at adequate temperature (120°F minimum)
  • Cold water: Clean, running cold water
  • Electricity: Working electrical system with adequate outlets
  • Plumbing: Functioning toilet, sink, shower/bathtub
  • Sanitation: Adequate trash receptacles, no pest infestations
  • Structural integrity: Sound floors, walls, ceilings, stairs
  • Safety: Working locks, smoke detectors, carbon monoxide detectors
  • Common areas: Maintained hallways, stairways, entrances
  • Freedom from hazards: No lead paint hazards, mold, asbestos exposure

Major Habitability Violations

No Heat in Winter

Emergency violation in most jurisdictions

  • Most states require heat October-May
  • Minimum temperature: 68°F during day, 65°F at night
  • Emergency repair timeframe: 24 hours in most states
  • Tenant remedies: Withhold rent, repair and deduct, terminate lease, seek emergency housing at landlord's expense

No Hot Water

Serious violation affecting basic sanitation

  • Hot water must reach 120°F minimum
  • Repair timeframe: 24-48 hours typically
  • May justify rent withholding or reduction
  • Health department may issue violation

Mold Infestation

Health hazard requiring prompt remediation

  • Caused by landlord's failure to fix leaks, ventilation issues
  • Toxic mold creates serious health risks
  • Landlord must identify source and properly remediate
  • May require temporary relocation during remediation

Pest Infestations

Landlord responsible for extermination (except tenant-caused)

  • Rodents, cockroaches, bedbugs, other pests
  • Landlord must hire professional exterminator
  • Ongoing problem requires recurring treatment
  • Severe infestation may justify lease termination

Plumbing Failures

No working toilet/shower constitutes emergency

  • Non-functioning toilet: Emergency repair (24 hours)
  • Leaking pipes causing water damage: Emergency
  • Sewage backup: Emergency health hazard
  • Clogged drains (landlord-caused): Landlord responsibility

Electrical Hazards

Safety hazard requiring immediate attention

  • Exposed wiring, sparking outlets
  • Insufficient electrical service
  • No power to essential areas
  • Fire hazard from faulty wiring

Tenant Remedies for Habitability Violations

1. Rent Withholding (allowed in most states)

  • Notify landlord in writing of defect
  • Allow reasonable time to repair (varies by severity)
  • If not repaired, withhold rent until fixed
  • Important: Place rent in escrow account (don't spend it)
  • May need to pay rent to court or escrow during dispute

2. Repair and Deduct

  • Notify landlord of defect
  • Give reasonable time to repair
  • If not repaired, hire contractor yourself
  • Deduct cost from rent
  • Limits: Usually capped at one month's rent; can only use once or twice per year

3. Rent Reduction (Rent Abatement)

  • Pay reduced rent proportional to reduced usability
  • Example: No heat for 15 days in winter = 50% rent reduction for those 15 days
  • Keep withheld portion in escrow

4. Code Enforcement / Health Department

  • Report violations to local code enforcement or health department
  • Inspector will cite landlord for violations
  • Landlord must fix by deadline or face fines
  • May result in rent escrow program

5. Constructive Eviction / Lease Termination

  • Severe uninhabitability may allow you to break lease without penalty
  • Must notify landlord and give opportunity to fix (except emergencies)
  • Document conditions thoroughly
  • May need court order declaring constructive eviction

6. Sue for Damages

  • Lawsuit for breach of habitability warranty
  • Recover damages: rent overpaid, alternative housing costs, property damage, personal injury
  • May include attorney fees

Real Habitability Case (2024-2025)

Situation: Apartment building heating system failed in December 2024. Landlord delayed repairs for 6 weeks despite tenant complaints. Indoor temperature: 45-50°F.

Tenant actions:

  • Written notice to landlord (certified mail) - December 10
  • Multiple follow-up requests - ignored
  • Complaint to city code enforcement - December 18
  • Space heaters purchased ($300) - fire hazard concern
  • Moved to hotel (4 nights, $480)
  • Withheld 50% January rent, placed in escrow

Code enforcement:

  • Issued violation notice requiring repair within 48 hours
  • Landlord missed deadline, fined $500/day
  • Heat finally restored January 25 (46 days without adequate heat)

Resolution: Tenant sued in housing court. Won: $2,100 rent abatement (50% for 46 days no heat), $300 space heater reimbursement, $480 hotel reimbursement, $1,200 statutory damages for breach of warranty, $800 attorney fees. Total: $4,880.

Key factors: Documented notification, temperature logs, photos, code enforcement citation, evidence of damages.

Illegal Fees (Beyond State Limits)

Common Illegal Fee Practices

Excessive Application Fees

Many states cap application fees or require actual cost only

  • Banned entirely: New York City, Washington DC
  • Capped: California ($30 as of 2025), Oregon ($45), Washington ($20 per adult applicant)
  • Actual cost only: Many states require fee equal actual screening cost
  • Refundable if not processed: Required in some jurisdictions

Illegal practices: Charging application fee but not processing application, charging excessive fees beyond screening costs, not providing copy of background check

Pet Fees and Deposits

State laws limit amounts and types

  • Pet deposit vs. pet fee: Deposit must be refundable (for actual damage only); fee is non-refundable
  • Total deposit limits: Pet deposit typically counts toward state security deposit maximum
  • Monthly pet rent: Legal in most states but may have limits
  • Service animals: CANNOT charge any fees or deposits for service animals (ADA violation)

Example state limits:

  • California: Pet deposit counts toward 2-month security deposit maximum (unfurnished)
  • Nevada: Combined deposits cannot exceed 3 months' rent

Junk Fees and Hidden Charges

Emerging issue: fees for services that should be included

  • Trash removal fee: Often illegal if trash service is building-wide
  • Common area maintenance: May be illegal separate charge
  • Technology fee: For online rent payment (often illegal)
  • Amenity fee: For pool, gym access
  • Pest control fee: Landlord responsibility in most states
  • HVAC filter fee: Maintenance is landlord's duty

Note: Many of these fees being challenged as deceptive practices under consumer protection laws. AG offices increasingly investigating.

Late Fee Violations

Late fees must be reasonable and specified in lease

  • Typical limits: $25-$50 or 5-10% of monthly rent
  • Grace period: Many states require 3-5 day grace period
  • Daily late fees: Limited or prohibited in many states
  • Illegal practices: Excessive late fees (20% of rent), retroactive late fees, late fees without lease provision

State examples:

  • California: Late fee must be "reasonable" (courts: typically 5-6% maximum)
  • New Jersey: 5-day grace period required; late fee up to $25 or 5% of rent
  • Oregon: 4-day grace period; late fee cannot exceed 5% or $50

Move-Out / Cleaning Fees

Often illegal if disguised security deposit

  • Non-refundable move-out fee: Illegal in many states (California, others)
  • Mandatory cleaning fee: May violate security deposit laws
  • Carpet cleaning fee: Cannot charge if normal wear and tear

Key issue: Fee must be for service beyond normal security deposit purpose

Utility Billing Abuse

Landlords must bill utilities accurately and fairly

  • Ratio utility billing (RUBS): Must use fair allocation method
  • Cannot profit from utilities: Can only charge actual cost in most states
  • Disclosure required: Must disclose billing method before lease signing
  • Illegal practices: Marking up utility costs, arbitrary allocation, billing for landlord's business use

Real Illegal Fees Case (2025)

Situation: Property management company charged tenants multiple questionable fees:

  • $45/month "Resident Benefits Package" (mandatory)
  • $25/month "trash valet service"
  • $15/month "air filter delivery"
  • $12/month "online portal access fee"
  • $75 application fee (actual screening cost: $25)
  • $300 "non-refundable move-in fee"

Total additional fees: $97/month = $1,164/year beyond rent

Tenant complaint: Filed with state AG alleging deceptive practices, excessive fees violating consumer protection laws.

AG investigation found:

  • Fees not properly disclosed before lease signing
  • Services were landlord's legal obligations (maintenance, trash)
  • Online payment fee violated state law prohibiting fees for legally required payment methods
  • Application fee excessive beyond actual costs
  • Move-in fee functioned as illegal non-refundable security deposit

Outcome: AG filed enforcement action. Settlement: property company paid $380,000 restitution to 840 affected tenants, $150,000 civil penalty, agreed to eliminate illegal fees, reform disclosure practices. Tenants received average $450 refund.

Key factors: Pattern of violations affecting hundreds of tenants, deceptive practices, fees violated multiple state laws.

Lease Violations by Landlord

Common Landlord Lease Breaches

  • Failure to provide promised amenities: Gym, pool, parking advertised but not available
  • Entering without proper notice: Most states require 24-48 hours notice except emergencies
  • Locking tenant out: Self-help eviction is illegal - must use court process
  • Removing tenant's property: Cannot remove belongings without court order
  • Shutting off utilities: Illegal in all states to force tenant out
  • Changing locks without notice: Denying access is illegal eviction
  • Not making agreed repairs: Repairs promised in lease or during negotiations
  • Unauthorized rent increases: Increasing rent during lease term (except where permitted by lease)
  • Not returning security deposit timely: Missing state deadline
  • Harassment: Threatening, intimidating, disturbing tenant's peaceful enjoyment
  • Violating quiet enjoyment: Excessive property access, construction during quiet hours
  • Not providing essential services: Trash removal, heat, water per lease terms

Illegal Entry by Landlord

You have right to privacy and quiet enjoyment. Landlord cannot enter without proper notice except emergencies.

State notice requirements (typical):

  • 24 hours: Arizona, California, Connecticut, Florida, Hawaii, Kentucky, Massachusetts, Montana, Nevada, New Mexico, Ohio, Oregon, Rhode Island, Tennessee, Virginia, Washington
  • 48 hours: Delaware, Illinois, Iowa, Wisconsin
  • Reasonable notice: Many states (generally interpreted as 24 hours minimum)

Permitted reasons for entry:

  • Emergency (fire, flood, gas leak) - no notice required
  • Make repairs tenant requested
  • Make repairs landlord deems necessary
  • Show property to prospective tenants, buyers (with notice)
  • Inspection per lease terms (typically quarterly or semi-annual)
  • Court order
  • Tenant abandoned property

Illegal entry examples:

  • Entering without notice or emergency
  • Entering at unreasonable hours (early morning, late night)
  • Excessive frequency (daily inspections)
  • Using tenant's absence to enter without notice
  • Entering to harass or intimidate tenant

Remedies for illegal entry:

  • Demand landlord cease illegal entries (written notice)
  • Document all unauthorized entries
  • Change locks (if lease permits; provide key to landlord)
  • Sue for invasion of privacy, violation of quiet enjoyment
  • Terminate lease if severe or repeated violations
  • Seek injunction prohibiting landlord entry
  • File AG complaint if pattern affecting multiple tenants

Self-Help Eviction (Always Illegal)

Landlord MUST use court eviction process. Any attempt to force tenant out without court order is illegal.

Illegal self-help eviction tactics:

  • Changing locks to prevent access
  • Removing doors or windows
  • Shutting off utilities (electric, gas, water, heat)
  • Removing tenant's belongings
  • Physically blocking entry
  • Threatening violence or police action
  • Harassment to force tenant to leave

Your rights if landlord attempts self-help eviction:

  • Call police: Self-help eviction is criminal in many states
  • Document everything: Photos, videos, witnesses
  • Demand immediate restoration: Access, utilities, belongings
  • Seek emergency court order: Restraining order, immediate access
  • Sue for damages: Illegal eviction, conversion of property, emotional distress, attorney fees
  • Report to housing authority: May result in fines, license suspension
  • File AG complaint: Criminal consumer protection violation

Typical damages for illegal eviction: $5,000-$25,000 plus actual damages (hotel, storage, lost wages), punitive damages if egregious, attorney fees.

Retaliatory Eviction

What is Retaliatory Eviction

Landlord cannot evict or punish tenant for exercising legal rights.

Protected tenant actions (cannot retaliate for):

  • Complaining about housing code violations
  • Reporting violations to code enforcement or health department
  • Requesting repairs for habitability issues
  • Organizing or joining tenant union
  • Complaining about illegal rent increase
  • Exercising right to withhold rent for uninhabitability
  • Complaining about discrimination
  • Testifying in court case involving landlord
  • Reporting safety violations

Retaliatory actions by landlord (illegal):

  • Eviction or notice to vacate
  • Refusing to renew lease
  • Increasing rent
  • Decreasing services
  • Threatening eviction or deportation
  • Harassment or intimidation

Proving Retaliation

Key element: Timing

Presumption of retaliation: Most states create legal presumption of retaliation if landlord takes adverse action within certain timeframe after tenant exercises rights:

  • 90 days: California, Connecticut
  • 180 days: New Jersey, Rhode Island
  • 6 months: Massachusetts, Oregon
  • 1 year: Washington DC

Example: Tenant reports code violations January 15. Landlord issues eviction notice February 10. Within 90-day presumption period in California = presumed retaliation. Burden shifts to landlord to prove legitimate reason.

Evidence of retaliation:

  • Timeline showing protected action followed by adverse action
  • Landlord statements showing retaliatory motive
  • Text messages, emails expressing anger at tenant complaint
  • Selective enforcement (only enforcing rule against complaining tenant)
  • Pretextual reasons (excuse doesn't hold up to scrutiny)
  • Change in landlord's behavior after protected activity

Defenses to Retaliatory Eviction Claims

Landlord can overcome retaliation presumption by proving legitimate reason:

  • Tenant violated significant lease term (not minor/technical)
  • Tenant didn't pay rent (but tenant may have legal rent withholding defense)
  • Landlord selling property, ceasing rental business
  • Major renovations requiring vacancy
  • Owner or family member moving into unit

Note: Reason must be genuine and documented, not pretextual.

Remedies for Retaliatory Eviction

  • Eviction defense: Retaliation is complete defense to eviction - case dismissed
  • Damages: Actual damages (moving costs, rent differential), emotional distress
  • Statutory penalties: Some states provide statutory damages ($1,000-$5,000+)
  • Attorney fees: Landlord pays tenant's attorney fees
  • Injunction: Court order preventing landlord from retaliatory action
  • Punitive damages: If landlord acted in bad faith

Real Retaliation Case (2025)

Situation: Tenant reported multiple code violations (mold, broken heat, roach infestation) to city housing inspectors in November 2024. City issued violations requiring repairs by December 15.

Landlord's response:

  • Sent angry text to tenant: "You're going to regret reporting me"
  • Served eviction notice December 3 claiming "lease violation - unauthorized occupant"
  • Tenant's guest (sister visiting for week) allegedly violated "no guests over 3 days" clause
  • Clause never enforced against other tenants

Tenant's defense:

  • Timeline: eviction notice 18 days after code complaint = within presumption period
  • Landlord's threatening text showing retaliatory motive
  • Evidence of selective enforcement (neighbors had guests, no eviction)
  • Pretextual reason (minor lease clause never enforced)

Outcome: Housing court dismissed eviction. Tenant filed counterclaim for retaliatory eviction. Won: $8,500 damages (moving costs, emotional distress, statutory penalty), $3,200 attorney fees. Court also issued injunction prohibiting landlord from retaliating further.

Key factors: Clear timeline, direct evidence (threatening text), selective enforcement, pretextual excuse.

Housing Discrimination (Fair Housing Act Violations)

2025 Statistics: HUD received over 28,500 housing discrimination complaints in 2025. Most common: disability discrimination (57%), race (18%), familial status (15%), national origin (6%).

Protected Classes Under Fair Housing Act

Federal law prohibits housing discrimination based on:

  • Race: Discrimination based on race, color, ethnicity
  • National origin: Discrimination based on country of origin, ancestry, accent
  • Religion: Discrimination based on religious beliefs or practices
  • Sex: Discrimination based on gender, including sexual harassment
  • Familial status: Discrimination against families with children under 18
  • Disability: Discrimination against persons with physical or mental disabilities

Additional state and local protected classes (varies by jurisdiction):

  • Sexual orientation and gender identity: Protected in 22 states + DC, many cities
  • Source of income: Section 8, housing vouchers protected in many jurisdictions
  • Age: Protected in some states
  • Marital status: Protected in many states
  • Military/veteran status: Protected in some jurisdictions
  • Criminal history: Limited protections in some cities

Types of Housing Discrimination

1. Refusal to Rent

  • Refusing to rent to protected class member
  • "Unit already rented" but continues advertising
  • Setting different terms, conditions, or privileges
  • Steering protected class to certain buildings/units

2. Discriminatory Advertising

  • Ads stating preference or limitation based on protected class
  • Examples: "No children," "Christian household only," "Perfect for young professionals" (age discrimination)
  • Photographs showing only one race/ethnicity

3. Discriminatory Terms or Conditions

  • Higher rent or deposits for protected class
  • Different lease terms
  • Restricting use of amenities
  • Different rules enforcement

4. Harassment

  • Hostile comments about race, religion, national origin, etc.
  • Sexual harassment by landlord or property manager
  • Creating hostile housing environment
  • Threats, intimidation based on protected status

5. Disability Discrimination

  • Refusing reasonable accommodation (service/support animal)
  • Refusing reasonable modification (grab bars, wheelchair ramp)
  • Asking about nature/extent of disability
  • Refusing to rent to person with disability
  • Not providing accessible parking, entrances

6. Familial Status Discrimination

  • Refusing to rent to families with children
  • "Adults only" policies (except 55+ housing meeting requirements)
  • Limiting where families with children can live in complex
  • Different rules for children (prohibiting outdoor play)

7. Source of Income Discrimination (where protected)

  • Refusing Section 8 vouchers
  • Refusing housing assistance programs
  • Different application process for voucher holders

Reasonable Accommodation for Disabilities

Landlords must provide reasonable accommodations unless undue hardship.

Common reasonable accommodations:

  • Service animals: Must allow even if "no pets" policy (dogs, miniature horses)
  • Emotional support animals: Must allow if doctor verifies medical necessity
  • Assigned parking: Accessible parking near unit for mobility disability
  • Policy exceptions: Rent payment deadline extension for cognitive disability
  • Communication methods: Alternative formats for hearing/vision impairment

Reasonable modifications:

  • Installing grab bars in bathroom
  • Widening doorways for wheelchair
  • Installing wheelchair ramp
  • Lowering countertops, cabinets

Important:

  • Landlord cannot ask about nature/extent of disability
  • Can request documentation from healthcare provider verifying need
  • Cannot charge fees for reasonable accommodation (e.g., pet deposit for service animal)
  • May require tenant to pay for modifications and restore at move-out (unless common area)

Real Discrimination Case (2025)

Situation: Property management company systematically denied housing to applicants with Section 8 vouchers in jurisdiction where source of income discrimination illegal.

Discriminatory practices:

  • Application stated "We do not accept Section 8"
  • Staff told voucher holders "no units available" while continuing to advertise
  • Required voucher holders to meet income requirements 4× rent (vs. 3× for non-voucher)
  • Delayed processing voucher applications until units rented to others
  • 170+ applicants affected over 2-year period

State AG investigation:

  • Undercover testers confirmed discrimination (voucher holders rejected, non-voucher approved with same qualifications)
  • Email evidence showing intentional policy
  • Pattern across company's 12 properties

Outcome: AG filed civil rights lawsuit. Settlement: $2.4 million to affected applicants, $500,000 civil penalty, consent decree requiring company to accept vouchers, fair housing training, monitoring for 5 years, priority placement for victims.

Key factors: Systematic discrimination, clear policy violation, multiple victims, testing evidence.

How to File Housing Discrimination Complaint

1. HUD (U.S. Department of Housing and Urban Development)

  • File online: HUD.gov/fairhousing/fileacomplaint
  • Call: 1-800-669-9777 (voice) or 1-800-877-8339 (TTY)
  • Must file within 1 year of discrimination
  • HUD investigates and may file charges
  • Free legal representation if case goes to hearing

2. State Attorney General

  • File with your state AG civil rights division
  • Many states have stronger protections than federal law
  • AG can bring enforcement action, seek penalties

3. Private Lawsuit

  • File in federal or state court within 2 years
  • Remedies: damages, injunction, attorney fees
  • Consult fair housing attorney (many take cases on contingency)

Evidence to collect:

  • Rental application, correspondence with landlord
  • Discriminatory statements (emails, texts, recordings if legal)
  • Advertisements
  • Witnesses
  • Comparative evidence (different treatment of others)
  • Documentation of protected status (medical docs for disability, voucher paperwork)

Evidence to Collect for Landlord-Tenant Complaints

Essential Documentation Checklist

  • Lease and addendums:
    • Original signed lease
    • Any amendments or addendums
    • Rules and regulations
    • Community policies
  • Move-in documentation:
    • Move-in inspection checklist
    • Photos/video of unit condition at move-in
    • Any pre-existing damage noted
  • Move-out documentation:
    • Move-out inspection checklist (if provided)
    • Photos/video of unit condition at move-out
    • Cleaning receipts
  • Payment records:
    • Rent payment receipts or bank records
    • Security deposit receipt
    • Payment of all fees
    • Utility payment records
  • Communication records:
    • All emails with landlord/property manager
    • Text messages
    • Letters sent and received (keep copies)
    • Phone call logs with notes
    • Certified mail receipts
  • Maintenance requests:
    • All repair requests (written or email)
    • Dates of requests
    • Landlord's responses or lack thereof
    • Follow-up communications
  • Photos and videos:
    • Habitability issues (mold, leaks, broken heat, etc.)
    • Damage claimed by landlord
    • Unit condition at move-in and move-out
    • Date-stamped (use phone timestamps or newspaper in photo)
  • Inspection reports:
    • Code enforcement inspection reports
    • Health department reports
    • Independent inspector reports
  • Notices:
    • Eviction notices
    • Rent increase notices
    • Lease termination notices
    • Entry notices (or lack thereof)

Documentation Tips

  • Put everything in writing: Email is best (creates timestamped record)
  • Follow up verbal conversations: Send email summarizing what was discussed
  • Use certified mail for important notices: Proof of receipt
  • Take photos immediately: Don't wait - document problems as they occur
  • Keep organized records: Chronological file of all documents
  • Save everything: Don't throw away any housing-related documents
  • Make copies: Keep copies of everything you send to landlord
  • Note dates and times: Create log of communications, incidents

When AG Can Help vs. Housing Court

When to File with Attorney General

File AG complaint when:

  • Pattern of violations: Landlord engaging in systematic illegal practices affecting multiple tenants
  • Consumer protection violations: False advertising, deceptive practices, illegal fees
  • Licensing issues: Unlicensed property manager, violations of licensing laws
  • Discrimination: Fair housing violations
  • Large-scale fraud: Security deposit schemes, fake listings
  • Criminal conduct: Theft, extortion, threats
  • Public interest: Issue affects many tenants, public health/safety concern

When to File in Housing Court

Use housing court for:

  • Individual disputes: Your specific issue with landlord
  • Eviction defense: Landlord filed eviction - you must respond in court
  • Security deposit recovery: Seeking return of your deposit
  • Habitability enforcement: Forcing landlord to make repairs
  • Lease interpretation: Dispute over lease terms
  • Rent escrow: Depositing rent with court during repair dispute
  • Damages: Seeking compensation for losses
  • Injunction: Court order requiring or prohibiting specific action

Small Claims Court

Good for:

  • Security deposit disputes (under state small claims limit, typically $5,000-$10,000)
  • Damage to your property
  • Costs incurred due to landlord's breach
  • Quick resolution (typically 30-60 days)
  • No attorney needed

Limits: Dollar caps, limited remedies, cannot evict or force performance

HUD / Fair Housing Agencies

File with HUD for:

  • All discrimination complaints
  • Disability accommodation refusals
  • Fair housing violations
  • Federal housing assistance issues

Do Multiple (Often Best Strategy)

  1. File AG complaint: Creates official record, may trigger investigation of broader pattern
  2. File in housing court: Resolve your immediate issue, get damages
  3. File HUD complaint (if discrimination): Federal enforcement power
  4. Report to code enforcement: Get citations for violations, force repairs

These actions complement each other and create multiple pressure points.

State-Specific Tenant Protections

Most Tenant-Friendly States (2025)

California:

  • Strong rent control in many cities
  • Just cause eviction requirements
  • AB 1482 statewide rent cap (5% + CPI, max 10% annual increase)
  • Double damages for security deposit violations
  • Strong retaliation protections (90-day presumption)
  • Source of income discrimination prohibited statewide

New York:

  • Rent stabilization in NYC
  • Strong tenant protections in Housing Stability and Tenant Protection Act
  • Security deposit limited to 1 month's rent
  • Application fees banned in NYC
  • Good cause eviction requirements

New Jersey:

  • Strong Anti-Eviction Act (good cause required)
  • Security deposit: maximum 1.5 months' rent
  • Interest on security deposits required
  • 180-day retaliation presumption
  • Truth in Renting Act requires disclosure of tenant rights

Massachusetts:

  • Strict security deposit law (separate account, interest, move-in inspection)
  • Triple damages for bad faith security deposit violations
  • Implied warranty of habitability (strong enforcement)
  • 6-month retaliation presumption
  • Attorney fees for prevailing tenant

Oregon:

  • Statewide rent control (7% + CPI annual cap)
  • Relocation assistance required for no-cause evictions
  • Strong retaliation protections
  • Screening and application fee limits
  • Source of income discrimination prohibited

States with Weaker Tenant Protections

Note: These states generally favor landlord rights, have minimal regulations:

  • Arkansas (landlords can evict for non-payment in 5 days, limited habitability warranty)
  • Georgia (no statutory warranty of habitability until 2024 - very new)
  • West Virginia (limited tenant protections)
  • Wyoming (minimal landlord-tenant statutes)

Important: Even in these states, basic consumer protection laws, implied warranties, and federal fair housing laws still apply.

Check Your Local Laws

Many cities have stronger protections than state law:

  • Rent control: NYC, San Francisco, Los Angeles, Washington DC, many others
  • Just cause eviction: Seattle, Portland, Philadelphia, many California cities
  • Source of income protection: Many cities even in states without statewide protection
  • Right to counsel: NYC, San Francisco provide free attorneys for tenants facing eviction

How to File Landlord-Tenant Complaint

Step 1: Document the Issue

Collect all evidence (see Evidence section). Create chronological summary of events.

Step 2: Send Demand Letter to Landlord

Put landlord on notice before filing complaint. Send certified mail.

Sample demand letter:

[Your Name]
[Your Address]
[Date]

[Landlord Name]
[Landlord Address]

Re: [Property Address] - Demand for [Remedy]

Dear [Landlord],

I am writing regarding [describe issue: security deposit withholding / habitability violations / illegal fees / etc.].

[Describe problem specifically with dates, amounts, lease provisions]

This [violates the lease / violates [State] law / constitutes breach of warranty of habitability].

I demand that you [return my $X security deposit / make repairs / refund illegal fees / cease retaliation / etc.] within 10 days of this letter.

If this matter is not resolved by [date], I will file complaints with [Attorney General / housing court / code enforcement] and pursue all legal remedies including damages and attorney fees.

Sincerely,
[Your Signature]
[Your Name]

Step 3: File with State Attorney General

  1. Go to your state AG website
  2. Find consumer complaint form
  3. Select category: "Landlord-Tenant" / "Housing" / "Consumer Protection"
  4. Provide detailed information:
    • Your information
    • Landlord/property management company name, address, contact
    • Property address
    • Detailed description of violation
    • Dates, amounts, specific facts
    • What you want as resolution
  5. Upload supporting documents
  6. Submit and save confirmation

Step 4: File Parallel Complaints

  • HUD (discrimination): HUD.gov/fairhousing/fileacomplaint
  • Local code enforcement: For habitability violations
  • Health department: For health/safety hazards
  • State housing agency: Many states have dedicated tenant rights offices

Step 5: Consider Legal Action

  • Housing court: For eviction defense, repairs, damages
  • Small claims court: For security deposit, money damages under limit
  • Private attorney: For complex cases, significant damages
  • Legal aid: Free attorneys for low-income tenants (search "[your city] legal aid")

Additional Resources

Ready to file your landlord-tenant complaint?

Find Your State Attorney General