State-Specific Landlord-Tenant Publications

State landlord-tenant publications help landlords, property management companies, and tenants navigate their relationships during the term of a rental agreement. Many states publish guides to help citizens understand their rights and responsibilities under state landlord-tenant law. Learning more about how the law applies to you as either a landlord or a tenant can help you avoid unnecessary landlord-tenant disputes.

This FindLaw article explores different aspects of the landlord-tenant relationship and offers information on state-level landlord-tenant publications.

Understanding the Landlord-Tenant Relationship

In a landlord-tenant relationship, the landlord is the person who offers rental housing. The tenant is the person who pays rent to live in the rental property. While state and local laws regulate many aspects of the landlord-tenant relationship, most parties sign a lease agreement that governs their relationship.

Any lease agreement should identify the legal rights and responsibilities of both parties. For example, the tenant must pay rent, preferably on time. The landlord must make necessary repairs. The lease provisions should also outline the following:

• Security deposit
• Amount of rent
• Length of tenancy or rental period
• Rental unit
• Inclusion of utility bills

A solid lease agreement will touch on all important issues and leave very little undefined. 

Legal Rights and Responsibilities of Landlords and Tenants

Each party to a lease has certain rights and responsibilities. In general, landlords must ensure the rental property and dwelling units meet local housing codes. For example, a rental unit should have heat and functional plumbing systems. If local housing codes do not address these issues, the landlord must ensure their rental units meet the implied warranty of habitability.

Under the implied warranty of habitability, a landlord must do the following:

• Maintain common areas
• Ensure that locks, lights, and other basic safety features work properly
• Make repairs in a reasonable time after the tenant makes a request
• Ensure structural integrity of the rental property
• Ensure plumbing and electrical systems work properly

If a landlord does not make repairs promptly, tenants may have the option to make the repairs themselves and withhold a commensurate monthly rent. In most states, tenants must follow very specific procedures to repair and deduct rent. It’s important to check state laws before withholding rent.

Housing Discrimination

Landlords must follow local, state, and federal anti-discrimination housing laws. Housing discrimination occurs when any party to a real estate decision bases that decision on a protected characteristic. These laws ban discrimination in renting, financing, or selling real property. Federal laws include the following:

• Civil Rights Act of 1964 (Title VI)
• Federal Fair Housing Act

Protected characteristics include the following:

• Race
• Gender
• Sex (including sexual orientation and gender identity)
• National origin
• Religion
• Disability

You can file a housing discrimination complaint with your local housing authority or the Office of Fair Housing, which is part of the Department of Housing and Urban Development (HUD).

Tenant Responsibilities

As a tenant, your responsibilities include the following:

• Paying your rent on time
• Maintaining your rental unit
• Abiding by the terms of the lease

Failure to do any of these could result in your eviction from the dwelling unit and allow the landlord to keep some or all of your security deposit.

Evictions

Landlords can evict tenants for the following reasons:

• Nonpayment of rent
• Property damage
• Lease violations

Landlords cannot use self-help to remove a tenant and the tenant’s property from their rental property. Instead, landlords must follow the eviction process or risk a court order to pay their tenant damages.

Eviction Proceedings

Eviction proceedings start with proper notice to the tenant to vacate the premises. If the eviction is for unpaid rent, landlords can offer their tenants an opportunity to cure this defect by paying the past due rent. 

If the tenant does not move out within the period of time specified in the written notice, the landlord can sue in small claims court. If the landlord prevails, the tenant usually has a few days to move out or risk being forcibly removed.

In many jurisdictions, local laws protect domestic violence survivors from evictions and allow them to legally break a lease to flee their abuser. Many states and cities have enacted or updated “right to counsel" laws, guaranteeing tenants facing eviction the right to free legal representation.

Security Deposit Returns

State and local ordinances determine when your landlord or property management company must return your refundable security deposit. The purpose of a security deposit is to protect your landlord from financial harm if you damage the rental unit or leave without paying rent due.

Prospective renters pay the security deposit when they move in. Landlords and property managers must return this deposit after the tenant moves out. Some states, such as New York and New Jersey, require the landlord to pay the tenant interest on the security deposit as well.

Landlords and property managers can make deductions from your security deposit to make repairs that go beyond normal wear and tear. Normal wear and tear include the following:

• Faded carpets
• Broken blinds
• Smudges on the walls

Your landlord or property manager must account for any monies they deduct from your security deposit. They’re also required to provide an itemized list of deductions that includes any leftover monies by the date specified under state or local laws.

State Publications Help Landlords and Tenants

Most states publish handbooks to help landlords and tenants navigate the issues discussed above and more. These handbooks cover topics like the following:

• Renting tips and checklists
• Low-income housing options
• Leases
• Rent and late fees
• Rent increases
• Tenant’s rights and responsibilities
• Landlord’s rights and responsibilities

You can find state publications through different sources, including, but not limited to, the following:

• State Attorney General’s Office (this includes a Division of Consumer Protection)
• State or local Department of Housing and Community Affairs (i.e., Montgomery County Department of Housing and Community Affairs)
• State or Local Legal Aid or Legal Services Office (i.e., Kansas Legal Services)

Issues With a Landlord or a Tenant? Speak With an Attorney

If you need help accessing state landlord-tenant publications, a consumer protection attorney can help. They are experts in consumer protection law and can offer solid legal advice. You can also seek legal help from a landlord/tenant attorney. Familiar with local real estate and rental laws, they can analyze your situation and determine the best solution possible.