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Lease clauses / Waivers of tenant rights

Lease Clause Waiving Tenant Rights or Complaints: What to Know (State-by-State)

Some leases try to make you give up rights in advance: to request repairs, to contact a housing inspector, to join a tenants' group, or to dispute charges. Others give the landlord broad power to end the lease or raise rent for any reason right after you complain. Many states have anti-retaliation rules that protect tenants who act in good faith — check yours in the table below, and treat a clause like this as a reason to ask questions before you sign.

What it looks like in a lease

  • “Tenant waives all rights and remedies under any landlord-tenant statute to the fullest extent permitted.”
  • “Tenant agrees not to contact any government agency regarding the condition of the premises.”
  • “Landlord may terminate this lease at any time if Tenant makes repeated maintenance complaints.”

Why it's a red flag

  • A clause that discourages repair requests or inspections can leave you living with problems you are entitled to have fixed.
  • A broad termination or rent-increase right, used right after a complaint, is exactly what anti-retaliation rules address.
  • Even if a waiver would not hold up, it can still be used to pressure you — better to get it removed up front.

What to ask your landlord

  • Can the general waiver of rights be removed, or limited to specific, named items?
  • Can you confirm in writing that repair requests and good-faith complaints will not affect renewal or rent?
  • Can the termination clause be limited to clear reasons such as non-payment or serious lease violations?

State-by-state rules

What each state says a landlord may not do after a tenant complains or asserts their rights. Each row links to the statute. Data as of 2026-10-18.

  • Arizona
    Anti-retaliation rule
    Landlord may not retaliate (raise rent, cut services, or bring/threaten eviction) because a tenant complained to a housing-code agency, complained to the landlord about repairs, or joined a tenants' union. A complaint within 6 months before the act creates a presumption of retaliation.

    Source: A.R.S. § 33-1381

  • California
    Anti-retaliation rule
    Landlord may not retaliate (rent increase, reduced services, eviction) within 180 days after the tenant exercises legal rights such as complaining about habitability.

    Source: Cal. Civ. Code § 1942.5

  • Colorado
    Anti-retaliation rule
    Landlord may not raise rent, cut services, end the lease or threaten eviction because a tenant complained about habitability or joined a tenants' association; tenant can recover the greater of 3 months' rent or 3x actual damages plus attorney fees.

    Source: C.R.S. § 38-12-509

  • Florida
    Anti-retaliation rule
    Landlord may not retaliate against good-faith complaints or tenant organizing.

    Source: Fla. Stat. § 83.64

  • Georgia
    Anti-retaliation rule
    Retaliation for good-faith repair requests or complaints to authorities is prohibited.

    Source: O.C.G.A. § 44-7-24

  • Illinois
    Anti-retaliation rule
    Retaliation against tenants who complain to authorities or exercise legal rights is prohibited.

    Source: 765 ILCS 720

  • Kentucky
    Anti-retaliation rule
    Landlord may not raise rent, cut services, or sue/threaten eviction because the tenant complained to a code agency or the landlord, or joined a tenants' union; a complaint within 1 year before the act creates a presumption of retaliation (URLTA areas).

    Source: KRS 383.705

  • Louisiana
    Anti-retaliation rule
    Not verified yet
  • Maryland
    Anti-retaliation rule
    Landlord may not sue or threaten to sue for possession, arbitrarily raise rent, cut services or end a periodic tenancy because of a good-faith complaint (to the landlord or a public agency), a lawsuit, tenant-organization activity, or someone summoning police/emergency services; damages up to 3 months' rent plus attorney fees. Protection requires the tenant to be current on rent (unless lawfully withholding) and covers actions within 6 months of the complaint/lawsuit.

    Source: Md. Code, Real Prop. § 8-208.1

  • Minnesota
    Anti-retaliation rule
    A landlord may not evict, increase obligations or decrease services as a penalty for a tenant's good-faith complaint or for enforcing lease or legal rights. If the action comes within 90 days of the complaint/act, the landlord bears the burden of proving it was not retaliatory.

    Source: Minn. Stat. §§ 504B.441, 504B.285, subds. 2-3

  • Missouri
    Anti-retaliation rule
    Not verified yet
  • Nevada
    Anti-retaliation rule
    Landlord may not retaliate (end or refuse to renew tenancy, raise rent, cut services, or threaten eviction) because a tenant made a good-faith code complaint, organized a tenants' group, or used habitability remedies.

    Source: NRS 118A.510

  • New York
    Anti-retaliation rule
    Retaliation for good-faith complaints is prohibited; rebuttable presumption of retaliation for actions within 1 year of the complaint.

    Source: N.Y. Real Prop. Law § 223-b

  • North Carolina
    Anti-retaliation rule
    Retaliatory eviction is a defense when it follows a good-faith complaint or exercise of rights within 12 months.

    Source: N.C.G.S. § 42-37.1

  • Ohio
    Anti-retaliation rule
    Landlord may not raise rent, cut services or evict because a tenant complained to authorities or the landlord or joined a tenant union.

    Source: Ohio Rev. Code § 5321.02

  • Oregon
    Anti-retaliation rule
    Landlord may not retaliate (terminate, raise rent, cut services, threaten eviction) because a tenant complained to a government agency or the landlord in good faith, joined a tenants' union, testified against the landlord, or asserted legal rights.

    Source: ORS 90.385

  • Pennsylvania
    Anti-retaliation rule
    Not verified yet
  • South Carolina
    Anti-retaliation rule
    Landlord may not raise rent above fair-market value, cut essential services, or sue for possession because the tenant complained to a code agency or to the landlord about a violation of the Act. Liability up to 3 months' rent or treble actual damages (whichever is greater) plus attorney fees. Tenant must give written notice of the defense within 10 days after service of the Rule to Vacate.

    Source: S.C. Code Ann. § 27-40-910

  • Tennessee
    Anti-retaliation rule
    Landlord may not retaliate by raising rent, cutting services or bringing/threatening a possession action because the tenant complained to the landlord about a violation or used remedies under the Act (exceptions: tenant-caused code violation, tenant in rent default, repairs that require vacating).

    Source: Tenn. Code Ann. § 66-28-514

  • Texas
    Anti-retaliation rule
    No retaliation for 6 months after a tenant in good faith requests repairs or exercises legal rights.

    Source: Tex. Prop. Code § 92.331

  • Utah
    Anti-retaliation rule
    Not verified yet
  • Virginia
    Anti-retaliation rule
    Landlord may not raise rent, cut services, or threaten/bring an eviction or termination because the tenant complained to a housing-code agency, complained or sued under the Act, joined a tenants' organization, or testified against the landlord. Tenant may recover actual damages and raise retaliation as a defense. (Expanded version effective January 1, 2027.)

    Source: Va. Code § 55.1-1258

  • Washington
    Anti-retaliation rule
    Landlord may not retaliate (eviction, rent increase, reduced services, added obligations) for good-faith complaints to authorities or asserting rights; action within 90 days is presumed retaliatory (rebuttable), except when the tenant is behind on rent or in breach.

    Source: RCW 59.18.240, 59.18.250

StateAnti-retaliation ruleSource
ArizonaLandlord may not retaliate (raise rent, cut services, or bring/threaten eviction) because a tenant complained to a housing-code agency, complained to the landlord about repairs, or joined a tenants' union. A complaint within 6 months before the act creates a presumption of retaliation.A.R.S. § 33-1381
CaliforniaLandlord may not retaliate (rent increase, reduced services, eviction) within 180 days after the tenant exercises legal rights such as complaining about habitability.Cal. Civ. Code § 1942.5
ColoradoLandlord may not raise rent, cut services, end the lease or threaten eviction because a tenant complained about habitability or joined a tenants' association; tenant can recover the greater of 3 months' rent or 3x actual damages plus attorney fees.C.R.S. § 38-12-509
FloridaLandlord may not retaliate against good-faith complaints or tenant organizing.Fla. Stat. § 83.64
GeorgiaRetaliation for good-faith repair requests or complaints to authorities is prohibited.O.C.G.A. § 44-7-24
IllinoisRetaliation against tenants who complain to authorities or exercise legal rights is prohibited.765 ILCS 720
KentuckyLandlord may not raise rent, cut services, or sue/threaten eviction because the tenant complained to a code agency or the landlord, or joined a tenants' union; a complaint within 1 year before the act creates a presumption of retaliation (URLTA areas).KRS 383.705
LouisianaNot verified yet—
MarylandLandlord may not sue or threaten to sue for possession, arbitrarily raise rent, cut services or end a periodic tenancy because of a good-faith complaint (to the landlord or a public agency), a lawsuit, tenant-organization activity, or someone summoning police/emergency services; damages up to 3 months' rent plus attorney fees. Protection requires the tenant to be current on rent (unless lawfully withholding) and covers actions within 6 months of the complaint/lawsuit.Md. Code, Real Prop. § 8-208.1
MinnesotaA landlord may not evict, increase obligations or decrease services as a penalty for a tenant's good-faith complaint or for enforcing lease or legal rights. If the action comes within 90 days of the complaint/act, the landlord bears the burden of proving it was not retaliatory.Minn. Stat. §§ 504B.441, 504B.285, subds. 2-3
MissouriNot verified yet—
NevadaLandlord may not retaliate (end or refuse to renew tenancy, raise rent, cut services, or threaten eviction) because a tenant made a good-faith code complaint, organized a tenants' group, or used habitability remedies.NRS 118A.510
New YorkRetaliation for good-faith complaints is prohibited; rebuttable presumption of retaliation for actions within 1 year of the complaint.N.Y. Real Prop. Law § 223-b
North CarolinaRetaliatory eviction is a defense when it follows a good-faith complaint or exercise of rights within 12 months.N.C.G.S. § 42-37.1
OhioLandlord may not raise rent, cut services or evict because a tenant complained to authorities or the landlord or joined a tenant union.Ohio Rev. Code § 5321.02
OregonLandlord may not retaliate (terminate, raise rent, cut services, threaten eviction) because a tenant complained to a government agency or the landlord in good faith, joined a tenants' union, testified against the landlord, or asserted legal rights.ORS 90.385
PennsylvaniaNot verified yet—
South CarolinaLandlord may not raise rent above fair-market value, cut essential services, or sue for possession because the tenant complained to a code agency or to the landlord about a violation of the Act. Liability up to 3 months' rent or treble actual damages (whichever is greater) plus attorney fees. Tenant must give written notice of the defense within 10 days after service of the Rule to Vacate.S.C. Code Ann. § 27-40-910
TennesseeLandlord may not retaliate by raising rent, cutting services or bringing/threatening a possession action because the tenant complained to the landlord about a violation or used remedies under the Act (exceptions: tenant-caused code violation, tenant in rent default, repairs that require vacating).Tenn. Code Ann. § 66-28-514
TexasNo retaliation for 6 months after a tenant in good faith requests repairs or exercises legal rights.Tex. Prop. Code § 92.331
UtahNot verified yet—
VirginiaLandlord may not raise rent, cut services, or threaten/bring an eviction or termination because the tenant complained to a housing-code agency, complained or sued under the Act, joined a tenants' organization, or testified against the landlord. Tenant may recover actual damages and raise retaliation as a defense. (Expanded version effective January 1, 2027.)Va. Code § 55.1-1258
WashingtonLandlord may not retaliate (eviction, rent increase, reduced services, added obligations) for good-faith complaints to authorities or asserting rights; action within 90 days is presumed retaliatory (rebuttable), except when the tenant is behind on rent or in breach.RCW 59.18.240, 59.18.250

Cities and counties can add stricter rules (e.g. Chicago, New York City). Other states: coming soon.

Does your lease have this clause?

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Other clauses to check

  • Non-refundable security deposits
  • Late fees
  • Landlord entry without notice
  • “Tenant pays all repairs” clauses
  • Automatic renewal clauses
  • Rent increase clauses
  • Move-out cleaning & carpet fees

General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.

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