Navigating State-Specific Landlord and Tenant Laws: What You Need to Know

Landlord and tenant laws can be a complicated area of the law. Because state laws govern property, it is important to examine state-specific laws to understand rights and obligations. However, federal laws also impact landlord-tenant rights. Landlords cannot discriminate against potential tenants on the basis of protected classes. In addition, federal fair housing laws influence how landlords can treat their tenants.

Some of the issues that both renters and landlords should understand include tax law, legal screening of tenants, the duty to repair, tenant privacy rights, what constitutes a tenancy, how to terminate a tenancy, and requirements to disclose environmental hazards.

Many landlords may feel like they should have the right to enter their property to inspect it. However, tenant privacy rights can prevent landlords from entering without permission or prior notice. There may be exceptions for emergency repairs, but those issues are going to come down to state law.

Most tenants provide security deposits when they rent property. Landlords are supposed to return those deposits unless there is damage or unusual use of the property. Failure to return the security deposit in a timely manner may subject a landlord to potential penalties, depending on the state. Furthermore, state laws dictate how and when a landlord can withhold a portion of the security deposit to clean or make repairs. However, no state allows a landlord to deduct normal wear and tear from the security deposit.

Many tenants, especially those in low-income housing, cannot afford legal representation. Fortunately, there are organizations and lawyers who will provide services at low-cost or no-cost to people in need. Legal Aid and pro bono representation can help tenants. Your state’s bar association may be able to help you find pro bono representation.

One of the trickier parts of being a landlord is understanding the duty to the tenants. Generally, landlords have a duty to provide safe housing for their tenants. That can include a duty to cure obvious hazards, including mold remediation. It may also include addressing security concerns. In fact, landlords may even be responsible for criminal acts on their property if their negligence helped contribute to them.

Whether you are a landlord or a tenant, you may face legal challenges. An attorney can help advise you of your rights, discuss next steps, and explain your legal remedies.