How to File a Complaint Against Your Landlord

Where to file a complaint depends on what the problem is

Most landlord complaints go to your city or county housing authority, but some go to a state agency instead. The place you file determines how fast things move and what power they have to make your landlord fix the problem. Housing code violations (broken heat, mold, no hot water) go to the local housing inspector. Discrimination or retaliation go to your state's human rights agency or the federal Department of Housing and Urban Development (HUD). Wage theft or safety violations on the property go to your state's labor department. If your landlord is breaking the lease itself — keeping your deposit without cause, entering without notice, or refusing to make repairs you've requested in writing — you may file in small claims court instead.

Start by calling your city or county housing authority and describing the problem. They will tell you which agency handles it and whether you need to file a formal complaint or whether they can send an inspector based on your phone call. Some jurisdictions let inspectors visit without a written complaint; others require you to file first. Asking this question upfront saves you a trip to the wrong office.

Key Takeaways

• Housing code violations go to your local housing inspector; discrimination and retaliation go to your state human rights agency or HUD; wage theft goes to your state labor department.
• Most housing inspectors will visit your unit for free and document violations, but you usually need to request the inspection in writing or by phone first.
• Keep copies of every written request you make to your landlord, every text or email they send you, and photos of the problem — these are your proof if the complaint goes nowhere.
• Retaliation (raising rent, threatening eviction, or reducing services after you complain) is illegal in most states, but you need to show the timing and keep records to prove it.
• Small claims court is an option if your landlord owes you money (security deposit, damages) or broke the lease, and you do not need a lawyer to file.

How to file a housing code complaint with your local inspector

Call your city or county housing department and ask how to request an inspection. Some accept phone calls; others require you to fill out a form online or in person. Have your address, unit number, and a clear description of the problem ready. The inspector will ask when the problem started, whether you have reported it to your landlord, and what you have asked them to fix. Be specific: "no heat" is better than "apartment is cold"; "water leaking from ceiling into bedroom" is better than "water damage."

After you file, the inspector will schedule a visit. Timing varies — some departments inspect within a few days, others within two weeks. You do not have to be home, but it helps if you are, so you can show the inspector exactly where the problem is. The inspector will photograph violations and write a report. If they find code violations, they will issue an order telling your landlord to fix them by a certain date. Your landlord must comply or face fines.

Keep a copy of the inspection report for your records. If your landlord does not fix the problem by the deadline, you can call the housing department again and ask for a follow-up inspection. Some jurisdictions will also let you withhold rent or repair-and-deduct (pay for the repair yourself and subtract it from rent), but the rules vary by state and you should check your local tenant rights before doing this.

Filing a discrimination or retaliation complaint

Discrimination means your landlord is treating you differently because of your race, color, religion, national origin, sex, disability, or family status. Retaliation means your landlord is punishing you for complaining about housing conditions, requesting repairs, or asserting your tenant rights. Both are illegal, but they require different proof and go to different agencies.

For discrimination, contact your state's human rights agency or HUD's Office of Fair Housing and Equal Opportunity. You can file by phone, mail, or online. HUD accepts complaints up to one year after the discrimination happened. For retaliation, file with your state human rights agency or your local housing authority. You will need to show that you complained (in writing, by email, or by text) and that your landlord took action against you within a short time after — usually within a few months. Timing is your strongest evidence: if you requested repairs on March 15 and your landlord raised your rent on April 1, that pattern suggests retaliation.

Both types of complaint require documentation. Keep every written request you make to your landlord, every response they give you, and any notice of rent increase, lease change, or eviction threat. Take screenshots of text messages and emails. Write down the date and time of any conversation you have with your landlord about the problem. This record is what proves your case if the complaint moves forward.

What to document before you file

The strongest complaints have a paper trail. Before you file anything, gather: a copy of your signed lease; every written request you made to your landlord (email, text, letter, or certified mail receipt); every response they gave you; photos or videos of the problem, dated if possible; and a list of dates when you reported the problem and what you said. If you have witnesses — a friend who visited and saw the mold, a family member who was there when the landlord entered without notice — write down their names and phone numbers.

If you have not yet asked your landlord to fix the problem in writing, do that first. Send an email or text saying exactly what is broken and asking them to fix it by a specific date (usually 7 to 14 days). Keep the message short and factual. Do not threaten or insult. This written request is your proof that you gave them a chance to fix it before you filed a complaint. If they do not respond or do not fix it, then file.

For discrimination or retaliation complaints, also note the date of any conversation where your landlord made a discriminatory comment or threat. Write it down as soon as you can remember it, including what was said, who was present, and what prompted it. A contemporaneous note (written at the time or shortly after) is stronger evidence than a memory you write down months later.

Using small claims court for money or lease violations

If your landlord owes you money — a security deposit they did not return, damages they caused, or rent you paid that they claim you did not — you can sue in small claims court. Small claims courts handle cases up to a certain dollar amount, usually between $5,000 and $15,000 depending on your state. You do not need a lawyer, and the filing fee is usually under $100.

To file, go to your county courthouse or file online through your state's court system. You will need your landlord's full legal name and address, a description of what they owe you, the amount in dollars, and proof: a copy of the lease, photos, receipts, bank statements, or a written agreement. The court will send your landlord a notice of the lawsuit. They have a set time to respond (usually 20 to 30 days). If they do not respond, you may win by default. If they do respond, you will have a hearing where you present your evidence and the judge decides.

Small claims is faster than regular court — most cases are decided within two to four months — but the judge's decision is final and you cannot appeal it. Before you file, make sure you have the right defendant (your landlord, not the property management company, unless the company signed the lease). Also check your state's statute of limitations: you usually have three to six years to sue for money owed, but the clock starts when the debt became due.

What happens after you file a complaint

After you file a housing code complaint, the inspector visits and writes a report. If violations are found, your landlord gets an order to fix them. If they do not comply, the housing department can issue fines, place a lien on the property, or in some cases take legal action. You will not get money from this process — the goal is to force your landlord to make repairs. Some jurisdictions will notify you when the follow-up inspection happens; others will not. Call the housing department a few weeks after the deadline to ask if the violations were fixed.

For discrimination or retaliation complaints, the agency will investigate. They will contact your landlord, ask for their side of the story, and review the evidence you both provide. This process takes weeks or months. If they find discrimination or retaliation, they can order your landlord to stop, pay you damages, or both. If they do not find a violation, you can still sue in court, but you will need a lawyer and the burden of proof is higher.

For small claims court, you will receive a court date. Show up with all your evidence and be ready to explain your case to the judge in 5 to 10 minutes. Bring originals of documents if possible, or clear copies. If you win, the judge will order your landlord to pay you. If they do not pay, you can ask the court to enforce the judgment, which may include garnishing their bank account or putting a lien on their property.

Protecting yourself from retaliation

Retaliation is illegal in most states, but it happens. Your landlord cannot raise your rent, decrease services, threaten eviction, or refuse to renew your lease because you filed a complaint or requested repairs. However, you have to prove the connection. The strongest evidence is timing: if you complained on March 1 and received a rent increase notice on March 15, that looks like retaliation. Weaker evidence is a landlord who says they are raising rent "for no reason" — they may have had other reasons, and you cannot prove retaliation without a pattern or a direct statement.

If you think your landlord is retaliating, document everything immediately. Write down the date you filed the complaint or made the request. Write down the date you received the rent increase, eviction notice, or other adverse action. Keep copies of both. If your landlord makes any statement suggesting they are punishing you for complaining, write it down word-for-word and note the date, time, and who was present. Then file a retaliation complaint with your state human rights agency or local housing authority.

Some states have a "protected period" — usually 30 to 180 days after you complain — during which your landlord cannot take adverse action against you. If they do, it is presumed to be retaliation unless they can prove otherwise. Check your state's tenant rights to see if this applies to you. If it does, and your landlord acts against you during that window, you have a strong case.

Frequently Asked Questions

Can my landlord evict me for filing a complaint?

No, that is retaliation and it is illegal in most states. However, your landlord can evict you for other reasons — nonpayment of rent, lease violation, or end of lease — as long as they can show the reason is not connected to your complaint. If you filed a complaint on March 1 and received an eviction notice on March 10, the timing suggests retaliation. Document the dates and file a retaliation complaint immediately.

Do I have to tell my landlord I am filing a complaint?

No. You can file without telling them. However, many housing inspectors will ask your landlord about the problem during the inspection, so they will find out anyway. If you are worried about retaliation, file first and tell your landlord afterward, or tell them you filed only after the inspection is complete.

What if the housing inspector does not find a violation?

If the inspector visits and finds no code violation, the complaint is closed. You can request a second inspection if you believe the problem still exists or if new problems develop. You can also pursue other options: repair-and-deduct (if your state allows it), withholding rent (if your state allows it), or small claims court if your landlord owes you money for repairs you had to make yourself.

How much does it cost to file a complaint?

Housing code complaints and discrimination complaints are free to file. Small claims court has a filing fee, usually between $50 and $100 depending on the amount you are suing for. The court may order your landlord to pay your filing fee if you win.

Can I file a complaint if I am behind on rent?

Yes. Your right to complain about housing conditions is separate from your obligation to pay rent. However, if you are behind on rent, your landlord may try to evict you. File the complaint anyway and keep records of everything. If your landlord retaliates by evicting you after you complain, that is illegal and you can use the complaint as a defense in eviction court.