15 Things Landlords Cannot Do (And What Happens When You Try)
Owning rental property gives you a lot of rights — but not as many as you think. Here are 15 things that will get you sued, fined, or hit with a criminal charge, even if you think you're being reasonable.
You Have Rights. But So Do They.
I get it — you own the property, you're paying the mortgage, you're taking the risk. It's tempting to think that gives you carte blanche to run things however you want. But landlord-tenant law exists to balance your property rights against your tenant's rights to safety, privacy, and non-discrimination.
The landlords who get in trouble aren't usually bad people. They're usually frustrated people who didn't realize the thing they just did was illegal. So here's the list — the 15 things that'll land you in court, cost you five figures, or both.
1. Lock a Tenant Out (Self-Help Eviction)
You cannot change the locks, remove doors, board up windows, or physically prevent a tenant from accessing their unit — even if they owe you months of back rent.
Why landlords try it: They're frustrated with the eviction timeline and think "if I just change the locks, they'll leave."
What happens: Illegal in all 50 states. Tenant calls the police. You get charged with unlawful eviction or trespassing. Court orders you to let them back in AND pay their damages (temporary housing costs, attorney fees, sometimes statutory penalties of $1,000–$5,000).
Instead: File a proper eviction through the courts. Yes, it takes longer. It's the only legal path.
2. Shut Off Utilities
Turning off water, gas, electricity, or heat to force a tenant out is illegal everywhere. This includes "forgetting" to pay a utility that's in your name.
What happens: Criminal charges in some states. Habitability violations. Tenants can withhold rent or break the lease with zero penalty. Courts award damages.
3. Remove a Tenant's Belongings
You cannot enter the unit and remove furniture, clothing, or possessions — even if the tenant appears to have abandoned the property. Most states have specific abandonment procedures (typically 7–30 days of absence + written notice) before you can touch anything.
What happens: Theft or conversion charges. Liability for replacement value of items. Treble damages in some states.
4. Retaliate Against a Tenant Who Complained
If a tenant reports you to code enforcement, files a health department complaint, or exercises any legal right — you cannot raise their rent, reduce services, refuse to renew, or evict them in response.
What happens: Retaliation is presumed illegal in most states if the adverse action happens within 60–180 days of the tenant's protected activity. Burden shifts to YOU to prove it wasn't retaliatory. Courts don't believe coincidences.
Source: Nolo — Landlord Retaliation Laws
5. Discriminate Based on Protected Classes
You cannot refuse to rent, set different terms, or treat tenants differently based on:
- Race or color
- National origin
- Religion
- Sex (includes gender identity and sexual orientation per HUD)
- Familial status (families with children, pregnant women)
- Disability
This means you cannot:
- Say "no kids" in your listing
- Charge families a higher deposit
- Refuse to rent to someone because of their accent
- Reject a qualified applicant because they use a wheelchair
- Steer tenants toward or away from certain units based on race
What happens: HUD complaint → investigation → conciliation or federal charges. Penalties (2025 inflation-adjusted): $26,262 for first offense, $65,653 for second violation within 5 years, $131,308 for three+ violations within 7 years — plus compensatory damages, attorney fees, and possible punitive damages.
Source: HUD — Know Your Fair Housing Rights
6. Deny a Reasonable Accommodation for Disability
If a tenant has a disability and requests a reasonable modification (ramp, grab bar) or accommodation (emotional support animal, reserved parking), you must engage in an interactive process and provide it unless it creates an undue burden.
You cannot:
- Automatically deny ESA requests
- Charge extra deposits for assistance animals
- Refuse to allow a tenant to install accessibility features at their expense
- Ignore the request entirely
Full details: Emotional Support Animal Guide
7. Enter Without Proper Notice
Your property, their home. You need legal notice (24–48 hours in most states) before entering for non-emergency reasons. You cannot:
- Let yourself in while they're at work
- Pop by unannounced "to check on things"
- Enter at night or unreasonable hours
- Give your contractor a key without tenant notification
What happens: Harassment claims. Lease termination by tenant with no penalty. Criminal trespass in extreme cases.
Full details: Right to Enter: Notice Rules by State
8. Keep a Security Deposit Without Documentation
You cannot keep a tenant's security deposit just because you feel like it. Most states require:
- Itemized list of deductions with costs
- Receipts or estimates for repair work
- Return of remaining balance within 14–60 days (state-specific)
- Written statement sent to tenant's forwarding address
You cannot deduct for:
- Normal wear and tear (faded paint, worn carpet, minor scuffs)
- Repairs that preexisted the tenancy
- Cleaning if the tenant left it in the same condition as move-in
What happens: Most states impose 2x–3x penalty damages if you wrongfully withhold. Some states award attorney fees. You lose in small claims court almost every time.
Full details: Security Deposit Rules
9. Raise Rent as Retaliation or Discrimination
You can raise rent — but not for illegal reasons. A rent increase is illegal if it's:
- Retaliation for a complaint (see #4)
- Discriminatory (charging more because of protected class)
- In violation of rent control ordinances (if applicable)
- Without proper notice (30–90 days depending on state and increase amount)
10. Ignore Habitability Issues
Every state has an implied warranty of habitability. You MUST maintain:
- Structural integrity (roof, walls, floors, foundation)
- Working plumbing (hot and cold water, drainage)
- Heating system (functional and safe)
- Electrical systems (safe, up to code)
- Pest control (roaches, rodents, bed bugs in most states)
- Smoke/CO detectors
- Weatherproofing (doors, windows that seal)
You cannot: Ignore repair requests, wait months to fix critical issues, or tell tenants to "deal with it." If you fail to maintain habitability, tenants can withhold rent, repair-and-deduct, or terminate the lease in most states.
11. Harass a Tenant to Make Them Leave
"Constructive eviction" — making conditions so unpleasant that a tenant feels forced to leave — is illegal. This includes:
- Constant unannounced visits
- Removing amenities (parking, laundry, storage)
- Letting maintenance deteriorate deliberately
- Verbal threats or intimidation
- Sending excessive notices for minor issues
- Starting renovation work to create noise/dust/disruption
12. Charge Excessive or Illegal Late Fees
Late fees must be "reasonable" in most states. Many states cap them:
- 5% of monthly rent (common cap)
- Flat fee caps ($50–$100 in some jurisdictions)
- Must be specified in the lease
- Cannot begin until a grace period expires (often 3–5 days)
You cannot charge compounding daily fees, apply late fees to disputed amounts, or use late fees as a profit center.
13. Refuse to Return the Lease or Receipts
Tenants have a right to copies of:
- Their signed lease agreement
- Receipts for any payments (rent, deposits, fees)
- Move-in/move-out condition reports
- Any notices you've served
Refusing to provide these creates inference problems in court — judges assume the missing document favored the tenant.
14. Discriminate Against Tenants With Children
Familial status is a protected class. You cannot:
- Advertise "adults only" or "no children"
- Restrict children to certain units (ground floor only, etc.)
- Impose different occupancy standards that disproportionately exclude families
- Refuse to rent because "kids are noisy" or "kids cause damage"
Exception: The 55+ senior housing exemption (Housing for Older Persons Act) — but this has strict qualification requirements (80% of units occupied by at least one person 55+, and published policies demonstrating intent).
15. Evict Without Following Legal Process
Even when you have legitimate grounds for eviction, you MUST follow your state's legal process:
- Serve proper notice (cure-or-quit, pay-or-quit, unconditional quit)
- Wait the required notice period
- File in court if tenant doesn't comply
- Attend the hearing
- Obtain a court order
- Have the sheriff execute the order (NOT you)
You cannot: Skip steps, serve improper notice, remove belongings before the sheriff arrives, or accept partial rent (which may waive your eviction in some states).
Full details: How to Evict a Tenant: Step-by-Step
The Pattern That Gets Landlords in Trouble
- Tenant does something annoying
- Landlord acts emotionally (lock change, utility shutoff)
- Tenant calls lawyer or housing authority
- Landlord faces lawsuit + penalties + back rent
- Total cost: $5,000–$50,000+
- Tenant does something annoying
- Landlord documents and serves proper notice
- Follows legal process (cure, court, enforcement)
- Problem resolved within legal framework
- Total cost: $500–$3,000 (eviction attorney fees)
The Golden Rule
Every single item on this list boils down to one principle: follow the process. There's a legal way to accomplish everything you want as a landlord — raise rent, remove bad tenants, access your property, keep deposits for damage. The illegal version is always the shortcut that seems faster but costs 10x more when it blows up.
Related Reading
- How to Evict a Tenant: Step-by-Step — The legal way to remove a tenant
- Landlord's Right to Enter — How to access your property legally
- Security Deposit Rules — How to handle deposits without getting sued
- Tenant Screening Without Breaking Fair Housing Law — Legal screening practices
- Emotional Support Animal Guide — Accommodation obligations
Resources
This website provides general information only and does not constitute legal advice. No attorney-client relationship is created. Laws change frequently and vary by jurisdiction. Consult a licensed attorney for advice specific to your situation.