Landlord-Tenant Law

Most lease agreements outline most of these rights. A landlord’s rights include receiving a security deposit, timely rent payments, and tenant upkeep of the rental unit. A tenant’s rights include a habitable place to live.

Certain federal laws cover other tenants’ rights, including freedom from housing discrimination. Federal law also imposes some responsibilities on landlords, including lead-paint disclosures.

This article explains some basics of landlord-tenant law. Use the menus below to navigate to the most relevant topic, or scroll down to learn more about landlord-tenant issues, legal rights, and more.

For legal advice tailored to your situation and state and local laws, contact a landlord-tenant attorney near you.

Lease Agreements

A lease agreement is a primary source that outlines the scope of the landlord-tenant relationship. It also identifies the rights of landlords and tenants. Some states recognize oral agreements, but a written document is the best way to memorialize lease or rental agreements. Rental agreements refer to short-term leases, such as a month-to-month lease. Lease agreements cover leases for at least one year.

A solidly written lease leaves little doubt as to the parties’ intent.

Standard Lease Provisions

Residential lease agreement clauses vary depending on the type of lease involved. A few standard provisions found in both rental agreements and lease agreements include the following:

• Identification of the lessor and lessee
• Address and legal description of the rental unit
• Contact information for the landlord or property manager
• Term of the lease (lease agreement or rental agreement)
• Amount of rent and the date rent is due
• Late fees, if any
• Amount of the tenant’s security deposit
• Limitations on occupancy or roommates
• Whether the tenant can sublet the rental unit

Basic Landlord Duties

The lease should also include clauses outlining the landlord’s responsibilities to do the following:

• Perform necessary repairs
• Maintain the common areas
• Upkeep the residential property

Landlords should give the tenant appropriate notice before entering the rental property, usually at least one day.

If disputes arise during the tenancy, both parties should refer to the written agreement. Since it is a binding contract, the parties must use the agreement as their guide.

Security Deposits

Most landlords require a security deposit before the tenant moves in. State laws may limit the amount of a security deposit. For instance, California law limits security deposits to no more than two months’ rent (or three months if furnished).

The security deposit differs from last month’s rent, and the landlord must repay in full, minus any deductions for reasonable repairs or cleaning. The lease should lay out the landlord’s expectations at the end of the lease to avoid disputes. Tenants should do a walkthrough with video or photo evidence before move-in and again at move-out.

Local and state laws cover the period within which the landlord must return the tenant’s security deposit. Landlords can deduct for cleaning, reasonable repairs, or unpaid rent.

Tenant Rights

The Fair Housing Act protects tenants from housing discrimination, including discrimination based on the following:

• Race
• Color
• Religion
• National origin
• Gender
• Disability
• Age
• Familial status, which may be waived for senior housing

Some state laws and local ordinances ban discrimination based on sexual orientation and marital status.

Other tenant rights include:

• The right to privacy in the rental property, which means a landlord may not enter unannounced
• The right to quiet enjoyment
• The right to livable and safe conditions
• The right to a home free of lead poisoning and mold

Landlord Legal Rights

Landlords have legal rights, often to protect their real estate income investment. For example, a landlord can evict a tenant for cause before the lease term expires. Landlords cannot use self-help, such as removing the tenant’s personal property from the rental unit.

Nonpayment of rent is one example of a good cause to evict. Landlords must follow the legal process for the property’s location.

The landlord should provide written notice of the eviction within a reasonable time. The landlord should notify the tenant if the rental property goes into foreclosure. If the landlord prevails in the eviction action, courts often award attorney fees to the landlord.

Get Legal Help With a Landlord-Tenant Issue: Find an Attorney

Landlord-tenant relationships are often complex. A qualified attorney can help landlords and tenants understand their rights and obligations under a lease or rental agreement. For example, they can:

• Customize a standard lease for the landlord’s needs
• Help tenants understand their responsibilities if they sublease the rental property
• Represent either a rental property owner or renter in eviction court
• Resolve disputes involving a security deposit
• Negotiate on your behalf for any landlord-tenant dispute

FindLaw’s directory of landlord-tenant lawyers can get you started. Enter your city or ZIP code for a list of legal professionals in your area. Because state and local eviction laws are relevant, your attorney should be licensed in the state where the property is located. Your search results will also show important details about prospective attorneys, like ratings, areas of practice, and whether they offer free consultations.