Tenant Protections Across the U.S.: A Landscape of Laws, Rights, and Gaps

Across the United States, tenant protections vary significantly—too often depending on where you live. While federal law provides a baseline of housing rights, states and localities are stepping in to fill the gaps. Here's an in-depth look at the landscape of tenant protections, highlighting best practices, emerging trends, and where advocates should focus next.

1. Just Cause Eviction Laws: Stability Through Specific Reasons

Just Cause eviction laws restrict the permissible reasons a landlord can evict a tenant. Currently, 10 states—and the District of Columbia—have adopted these laws, along with 23 local jurisdictions¹. Typically, these statutes include provisions for rent increase limits, mandatory notice periods, and anti-retaliation protections, as well as defining legitimate reasons for eviction. Research in California cities with such laws found eviction filings dropped by nearly 0.8 percentage points; one study even linked improved housing stability to local economic growth, such as a nearly 10% increase in small business openings¹.

2. Source-of-Income Protections: Ensuring Voucher Accessibility

Federal fair housing laws don't protect renters based on their income source, leaving housing voucher holders vulnerable. However, as of 2022, 17 states, 21 counties, and 85 cities had enacted source-of-income protections to prohibit discrimination against tenants using vouchers². This has meaningfully expanded housing access for vulnerable communities, though enforcement remains a concern: some regions lack adequate testing, tenant awareness, or proactive oversight to ensure compliance².

3. Eviction Record Sealing & Expungement: Protecting Future Housing Access

Increasingly, jurisdictions are passing laws to seal or expunge eviction records, preventing them from haunting tenants in future housing searches. These laws help mitigate the long-lasting stigma of eviction, particularly impacting low-income tenants trying to secure a new home³.

4. Application Fees & Portable Screening

Tenant-friendly reforms are also targeting screening barriers. Some states are experimenting with policies like portable tenant screening reports, intended to reduce the burden of repetitive and costly application fees. Unfortunately, such laws typically fail to mandate landlord participation, rendering them minimally effective in some places⁴.

5. Emergency Interventions & Court Diversion Programs

Enter crisis response initiatives like eviction diversion programs, which require mediation or assistance before eviction proceedings begin. Philadelphia’s program, for instance, led to a 41% drop in eviction filings compared to pre-pandemic levels—demonstrating that proactive engagement can avert displacement⁵.

6. Unlawful Lockouts & Lack of Enforcement

Evictions outside the court system—like changing locks or cutting utilities—remain disturbingly prevalent. Investigations reveal that many states lack effective deterrents or tenant-friendly remedies. For example, in Miami-Dade, a Tenant Bill of Rights attempted to prohibit such practices, only to be largely superseded by state-level preemption[news31]. Many tenants in similar scenarios nationwide face drawn-out legal battles with little hope of restoration⁶[news33].

7. Tenant Rights You May Not Know You Have

Beyond eviction laws, tenants across various states may benefit from often-overlooked rights:

• Limits on excessive application fees

• Required advance notice before landlord entry (typically 24 hours)

• Right to withhold rent if essential repairs aren’t made

• Caps on security deposit amounts and mandated return protocols

• Protections in the aftermath of natural disasters, including rent relief or relocation support

• Eligibility for damages when unlawfully evicted or harassed⁷

Summary Table: Key Tenant Protections Across the U.S.

Type of Protection	Purpose & Impact
Just Cause Eviction Laws	Prevent arbitrary evictions; improved stability and economic outcomes1
Source-of-Income Protections	Makes housing accessible to voucher holders; still limited in enforcement2
Eviction Record Sealing/Expungement	Reduces long-term barriers tied to eviction history3
Application Fee & Screening Reform	Lowers upfront costs, but needs stronger enforcement4
Eviction Diversion Programs	Mediation reduces filings and preserves tenancies5
Locked-Out & Illegal Evictions	Crisis situations often lack legal remedy; enforcement gaps persist6[news33]
Everyday Rights	Under-the-radar protections for security, privacy, and justice7

What’s Next for Tenant Advocacy?

• Push for broader Just Cause laws at both state and local levels.

• Expand Source-of-Income protections and invest in enforcement systems.

• Promote eviction sealing and diversion programs to reduce long-term harm.

Strengthen tenant rights awareness and support mechanisms, especially around lockouts and emergency conditions.

Footnotes

1. National Low Income Housing Coalition. Just Cause Eviction Laws Toolkit. Last year. ↩ ↩² ↩³

2. Poverty & Race Research Action Council via NLIHC. Source-of-Income Discrimination Protections Map. September 2022. ↩ ↩² ↩³

3. NLIHC. States Introduce Multiple Tenant Protections Bills... June 2024. ↩ ↩²

4. Upturn. Tenants Pay the Price: Portable Tenant Screening Reports. ↩ ↩²

5. Wall Street Journal. Philadelphia Eviction Diversion Program. Last year. ↩ ↩²

6. Business Insider. Illegal Lockouts & Tenant Rights, including Miami-Dade preemption. 2024. ↩ ↩²

7. Architectural Digest. 8 Surprising Tenant Rights You Might Not Know. 4 months ago. ↩ ↩²