What This Section Covers
Lease Agreements
Creating, modifying, and enforcing rental contracts
Landlord Rights
Property access, rent collection, rule enforcement
Tenant Rights
Habitability, privacy, security deposits, fair treatment
Eviction Process
Legal procedures for removing tenants
Security Deposits
Collection, holding, deductions, and return
Disputes
Resolving conflicts between landlords and tenants
Legal Framework
State Law
State Law
Every state has landlord-tenant statutes covering security deposits, eviction procedures, habitability standards, and other core issues. These set baseline requirements.
Local Ordinances
Local Ordinances
Cities and counties may add requirements beyond state law. Rent control, just-cause eviction, and additional tenant protections are common in some jurisdictions.
Lease Agreements
Lease Agreements
Contracts between landlords and tenants create additional rights and obligations. Lease terms cannot contradict applicable law.
Federal Law
Federal Law
Fair Housing Act prohibits discrimination. Other federal laws apply in specific situations (lead paint disclosure, military tenant protections).
Laws vary dramatically by location. What’s permitted in one state may be prohibited in another. Always verify requirements for your specific jurisdiction.
Key Concepts
| Concept | Meaning |
|---|---|
| Habitability | Landlords must maintain livable conditions (plumbing, heating, electricity, structure). Cannot be waived. |
| Quiet enjoyment | Tenants have right to peaceful possession without unreasonable landlord interference. |
| Security deposits | Regulated in most states with limits on amounts, holding requirements, and return timelines. |
| Eviction | Must follow legal process. Self-help eviction (changing locks, shutting utilities) is illegal everywhere. |
| Retaliation | Landlords cannot punish tenants for exercising legal rights. |
When to Get Legal Help
Landlords: Eviction proceedings, lease drafting, fair housing compliance, tenant disputes heading to court. Tenants: Wrongful eviction defense, unresolved habitability issues, discrimination claims, significant deposit disputes. Many areas have tenant rights organizations offering free or low-cost assistance.Find Real Estate Attorneys
Research attorneys experienced in landlord-tenant matters.