Landlord-tenant laws vary by state, but there are still a few that are consistent and standard across all states. Before you think about renting your property, make sure you understand your responsibilities as a landlord. Here’s what to know about landlord-tenant laws.
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1. Anti-Discrimination
As a landlord, you have the right to choose the tenant you want. However, keep in mind that the Federal Anti-Discrimination Law makes it illegal for you to refuse a tenant based on their race or color, national origin, religion, sex or age, family status, and physical or mental disabilities.
In the same vein, you are not allowed to make any statements showing a preference or bias toward one particular type of renter, differentiate requirements for certain groups or people, or falsely state that a unit is unavailable. Landlord-tenant law protects renters from discriminatory behavior on the landlord’s side, so it’s good to be aware of the reasons you may or may not turn away a qualified tenant.
2. Habitability, Maintenance, and Privacy
Your tenant has certain habitability rights, meaning it’s your job to keep the home or apartment in livable condition. Before move-in, you’re legally obligated (although this varies by state) to get the unit ready for a new tenant. In addition, once they do move in, your tenant is entitled to and can request maintenance for:
- Drinkable water
- Hot Water
- Electricity
- Heat during the cold months
- Smoke detectors
- Space free of rodents, insects, and pests
- Functioning toilet, sink, and shower in the bathroom
- Roof, flooring, and walls in good condition and free of mold
Your tenant is also legally allowed privacy. This means that, unless stated otherwise in the lease, you must give your tenant 24-hour notice if you need to enter the apartment. This landlord-tenant law solves the problem of asking for permission, going back and forth between schedules, and dealing with stubborn tenants who simply don’t want you in their space.
3. The Lease and Security Deposit
You’ll want to either create your own lease for your tenant or use a standard lease template. This might sound silly, but that doesn’t make it any less true: make sure you actually read through the lease yourself to make sure it’s exactly what you want your tenant signing. Determine your rental amount, how long the tenancy will be, and the consequences if a tenant breaks the lease. Each state allows for different variations within the lease, so check your local laws to see what you can and cannot include.
The security deposit should be collected before move-in. Depending on your state, you’ll need to return your tenant’s deposit within a certain amount of time, ranging from 21 days to over 90 days. Be sure to understand your state laws and return the money within the allotted time frame.
State-Specific Resources
While these landlord-tenant laws are generally applicable across the country, there are also specific laws in each state to be aware of. The American Apartment Owners Association is a great resource for landlords and details state-specific laws that relate to everything from how much of a security deposit can be withheld to the number of lease copies that need to be distributed to your tenant.
Being a landlord comes with some legal responsibilities. While there might seem to be a few nuisances, the perks of owning your own property and renting it out are vast. Want to make things even easier on yourself? Check out Zumper and we’ll help you get your property rented out to quality tenants.
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