What Are the Tenant's Basic Rights That Cannot Be Restricted?
Updated 9 days ago (March 6, 2026)
The tenant has certain rights protected by law. These basic legal rights cannot be interfered with or eliminated, no matter what the rental agreement or lease says.
These rights include all of the following:
Limits on the amount of the security deposit that the landlord can charge the tenant
Limits on the landlord's right to enter the rental unit
The right to a refund of the security deposit, or a written accounting of how it was used after moving out
The right to sue the landlord for violations of the law or the rental agreement or lease
The right to repair serious defects in the rental unit and to deduct certain repair costs from the rent, under appropriate circumstances
The right to withhold rent under appropriate circumstances (e.g. inhabitability)
Rights under the warranty of habitability
Protection against retaliatory eviction
For example, say your state requires the security deposit to be no more than two months' rent. If you charge more than that, even if your tenant agrees by signing the lease, it is still illegal according to State requirements. That section of the lease cannot be upheld in a court of law.
Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.
State-by-State Guide
Laws on this topic vary significantly by state. Select a state below to read about its specific laws and statutes.