Landlord and Tenant Disputes: Your Rights and Resolutions

Renting a home should be straightforward. However, disagreements between landlords and tenants happen often. Whether it’s over unpaid rent, security deposit deductions, or maintenance issues, landlord and tenant disputes can escalate quickly if not handled properly.

This guide explores the most common landlord-tenant disputes, explains how to challenge unfair practices, outlines tenant rights, and reveals landlords’ biggest concerns. Plus, we’ll cover when to contact an attorney and how small claims court can help resolve issues.

What are the most common landlord and tenant disputes?

Disputes and conflicts often arise from misunderstandings, lease violations, or unmet expectations. Here are the top issues:

Unpaid rent

The #1 issue for landlords is tenants failing to pay rent on time. If rent is late, landlords may charge late fees (it’s usually stated in the lease agreement). And, if unpaid for too long, they can start eviction proceedings.

By the way, if the tenant is facing financial hardship, they may negotiate a payment plan before eviction.

Security deposit disputes

Landlords can deduct the cost of damages beyond normal wear and tear. But disputes happen when:

Tenants believe these deductions are unfair.
Landlords fail to return the deposit within the legal timeframe (usually 30 days after move-out).

What’s covered in the security deposit?

Deductible: Broken windows, stained carpets, unpaid rent.
Not deductible: Normal wear (faded paint, minor scuffs).

Home repairs and maintenance neglect

Landlords must keep the rental unit habitable (working plumbing, heating, no pests, etc.). However, if they ignore repair and home maintenance requests, tenants may:

File a complaint with the Department of Housing.
Withhold rent (in some states) until repairs are made.
Hire a repairperson and deduct costs from rent (it’s best to check your local laws first).

Lease agreement violations

Common lease breaches include:

Unauthorized pets or extra tenants.
Illegal subletting of the apartment.
Excessive noise or property damage.

Landlords may issue warnings or evict repeat offenders.

Early lease termination

If a tenant breaks the lease early, landlords can charge fees or sue for lost rent. However, exceptions apply for:

Military deployment (under SCRA protections).
Domestic violence victims (some states allow early termination).

How can you challenge an unreasonable landlord?

If your landlord isn’t following the law or lease terms, you can take these steps:

Review your lease agreement form

Check what’s allowed regarding rent increases, repairs, and deposits.
Check if the rent increase is legal (some states require 30 days’ notice).
Look for clauses on attorney fees if legal action is needed.

Communicate in writing

Send a formal letter or email to your landlord (it’s smart to keep records).
Example: “Per our lease, the heating system must be fixed within 14 days. Please confirm repairs by [date].”

Contact property management

If a management company oversees the property, escalate the issue to them.

Seek legal aid or government help

Legal aid organizations assist low-income tenants.
The Department of Housing can investigate violations.

Take legal action

You can file a complaint in small claims court (for disputes under $5,000–$10,000, depending on the state).
Sue for a sudden rent increase, wrongful deposit withholding, or illegal eviction.

What are the tenant rights you should know?

As a tenant, you’re protected by law.

Your key rights include:

Right to a habitable home: This includes working heat, water, electricity, and safe common areas, with no mold, pests, or structural hazards.
Right to privacy: Residential landlords must usually give proper notice before entering the house or apartment (except during emergencies).
Right to a returned security deposit: Landlords must provide an itemized list of deductions when the lease is ending. The remaining amount must be returned within the state deadline (which is often 30 days).
Protection from retaliation: Landlords can’t evict or raise rent just because you complained about unsafe conditions.

Consider legal help if:

You’re facing eviction – An attorney can delay or fight wrongful eviction.
Your security deposit was wrongfully withheld – A lawyer can demand repayment.
The landlord refuses critical home repairs – Legal action may force compliance.

Remember, for smaller disputes, small claims court is cheaper and faster.

What are a landlord’s biggest fears?

Landlords face risks too. Their top concerns include:

Tenants not paying rent (remember evictions are costly and time-consuming).
Property damage beyond normal wear and tear (tenants trashing the rental property leads to expensive repairs).
Bad tenants who cause legal trouble (squatters, illegal subletters, or tenants who sue over minor issues).
Long vacancies and lost income (if the unit stays empty, landlords lose money).

What is the best advice for tenants and landlords?

Document everything: This includes photos, emails, and rental agreements.
Know your state laws: Remember landlord and tenant rights vary by location.
Try mediation first for any landlord and tenant disputes: This is so much cheaper than court.

Need help? Check your local Department of Housing or seek legal aid for guidance. A clear understanding of rights and responsibilities keeps the landlord-tenant relationship fair and stress-free!

FAQs

Can my landlord enter my apartment without permission?

In most states, landlords must provide advance notice (typically 24 to 48 hours) before entering for repairs, inspections, or showings. However, they can enter without notice in emergencies, such as a fire or water leak.

What happens if my landlord gave me the keys to the wrong apartment?

If your landlord gave you the wrong keys:

Don’t enter the wrong unit—it could be trespassing.
Demand the correct keys immediately—your lease guarantees access to your specific unit.
Check your lease—if the unit isn’t available, the landlord may owe you compensation or a refund.

Legally, they must fix it—if they don’t, you might be able to break the lease or sue for costs (like a hotel if you can’t move in).

Can I withhold rent if my landlord is not maintaining the property?

It depends on state laws. Some states allow tenants to withhold rent or pay for repairs and deduct the cost, but only for serious issues like lack of heat, water, or hazardous conditions. Check your state’s tenant rights before doing so.

Can my landlord increase my rent anytime?

If you’re in a month-to-month lease, your landlord can raise rent with proper notice (usually 30 to 60 days). However, if you have a fixed-term lease, rent cannot be increased until the lease ends, unless stated otherwise in the contract.

What can I do if my landlord is harassing me?

Harassment includes excessive unannounced visits, threats, or cutting off utilities. If this happens, document incidents, send a written complaint, and consider filing a complaint with local housing authorities or seeking legal action.

What can I do if a tenant refuses to let me show the apartment?

If a tenant is still living in the unit but refuses showings, remind them of their lease agreement and local laws regarding reasonable access for showings. You must still provide proper notice, and excessive showings should be avoided to respect their quiet enjoyment rights. If they continue to refuse, legal action may be necessary.

Can I refuse to rent to someone based on their income or background?

Landlords can set income requirements, check credit reports, and conduct background checks. But, they cannot discriminate based on race, religion, gender, disability, family status, or other protected characteristics under the Fair Housing Act.

A complete guide to landlord and tenant disputes was last modified: August 12th, 2025 by Ramona Sinha

Written by Ramona Sinha. April 4, 2025

Ramona is the Senior Content Writer for Kukun. This experienced blogger uses simple and succinct words to decipher the complex phenomenon called life. She has written articles covering a broad range of topics, such as real estate, lending and mortgage, finance, business, taxation, home designs, home improvement projects, decor concepts, and more. An avid traveler, she’s a digital nomad at heart and an animal lover from the depth of her soul.