That depends on the laws of your state. The best way to find out is to talk to a lawyer. If you're in Oregon, you can get a consultation with a lawyer about landlord-tenant law for only $35 by contacting the Lawyer Referral Service of the Oregon State Bar Association. Contact the LRS by phone at 1-800-452-7636, or use their online referral form at http://www.osbar.org/public/ris/lrsform.html.
Best of Luck!