Tenants and Landlords: Select State and Local Laws

Landlord-tenant law, like real estate law, is state-specific, meaning each state regulates tenant and landlord rights within its borders. Many localities, such as New York City, often have local laws that govern landlord and tenant relationships. Consequently, landlord-tenant laws will vary from state to state.

This article explores select state and local landlord-tenant laws. Keep in mind that it is not a substitute for legal advice. If you face a legal issue concerning your housing, it is important to speak with an attorney in your area.

State Landlord-Tenant Laws

Landlord-tenant laws help residential landlords and tenants understand their legal rights and responsibilities during a tenancy or lease term.

These laws apply to different types of rental housing or dwelling units, including, but not limited to, the following:

• House
• Mobile home
• Apartment
• Condominium

State landlord and tenant laws cover areas such as:

• Tenant rights
• Lease agreements
• Security deposits
• Warranty of habitability
• Evictions

Tenant Rights

Every tenant in rental housing has a few fundamental tenant rights. Although these rights vary from state to state and city to city, here are a few common tenant rights:

• Right to quiet enjoyment
• Right of freedom from discrimination
• Right to privacy
• Right to live in a habitable home

Lease and Rental Agreements

Lease agreements are binding contracts between a landlord and a tenant for long-term tenancies. Rental agreements cover short-term or month-to-month tenancies. The agreement should outline various aspects of the landlord-tenant relationship.

Although these private agreements will vary depending on several circumstances, they have a few standard clauses. These clauses include, but are not limited to, the following:

• Names of parties
• Legal description of rental property
• Rental rates and due dates
• Amount of security deposit
• Occupancy terms
• Late fees, if any
• Emergency contact information

Although lease agreements can be oral or written, some states require a written lease if the tenancy is for one year or more. While some states and localities have robust rent control laws, most states do not. These laws often regulate rent and rent increases to alleviate housing shortages. Some states have laws prohibiting local governments from enacting rent control requirements due to state preemption.

Security Deposits

Most landlords ask new tenants for a security deposit. A security deposit offers reassurance to the landlord or property owner if the tenant doesn’t pay rent or damage the rental unit. In many states, security deposit laws regulate all aspects of a security deposit, including the following:

• How much the landlord can ask for a security deposit
• The type of account, if any, the landlord must deposit the money into
• The timeframe to return the security deposit to the tenant
• The kinds of deductions the landlord can make from the security deposit
• Whether landlords can ask for the last month’s rent as part of the security deposit

For example, in most states, landlords can’t deduct from the deposit for normal wear and tear.

Warranty of Habitability

Rental housing should be suitable for human life or habitability. This means the rental unit should comply with local housing codes and have the following:

• Heat
• Running water
• Hot water
• No pest or rodent infestations.

If the rental unit does not comply with local housing codes, tenants should notify their landlord or property manager through a written notice. Tenants should then give the landlord or property manager reasonable time to fix the issue; if the landlord does not remedy the violation, the tenant can file a complaint with their local housing authority.

Evictions

Because lease and rental agreements are binding, landlords cannot evict a tenant on a whim. Landlords and property managers must follow the eviction process and give the tenant an eviction notice. The notice should explain the grounds for eviction and provide the tenant with a date to vacate the rental unit. They cannot use self-help to evict the tenant.

Common grounds for eviction include, but are not limited to, the following:

• Unpaid rent or nonpayment of rent
• Lease termination for lease violations
• Criminal activity on rental property

State laws or local ordinances determine the amount of time tenants have to move out. Notice can range from a three-day notice to a week. If the tenant refuses to leave, the landlord can file an eviction lawsuit.

Some states, like Massachusetts, have housing courts that hear eviction cases. In other states, small claims or magistrate courts hear these cases. Courts can award attorney fees to the prevailing party in eviction lawsuits.

Federal Law

Federal law regulates certain areas of landlord-tenant law, such as housing discrimination. Under the federal Fair Housing Act, landlords cannot discriminate against tenants or prospective tenants based on a protected characteristic.

Protected characteristics include the following:

• Race
• Ethnicity
• Religion
• Familial Status
• Disability
• National origin

Many states and cities add further protections, such as sexual orientation, gender identity, source of income, and more.

Select State Laws Chart

This chart offers a snapshot of three areas of landlord-tenant laws for 50 states. These areas include the following:

• Security deposit
• Lease terms
• Anti-discrimination laws

Most states regulate the amount, handling, and return of security deposits, including allowable deductions and timeframes for returning the deposit. For example, Wisconsin law requires landlords to return security deposits within 21 days of the tenant vacating.

All states have fundamental anti-discrimination laws; some states have more detailed anti-discrimination laws. If you are interested in learning more, click on the respective states’ link.

Get Help

Landlord-tenant law is a complex niche of real estate law. If you are a landlord/homeowner or tenant, you should speak to an experienced, local landlord-tenant attorney. These attorneys are experts in landlord-tenant law and offer you sound legal advice.