Whether you are a property owner seeking renters or someone looking for a new home to rent, laws exist to safeguard your rights. In the U.S., landlords and tenants must each comply with a set of federal regulations and state laws that vary according to where the property is located.
Before you prepare or sign a lease, it’s essential that you know and understand your legal rights. This article will equip you with the basics for what you need to know about landlord-tenant law.
What is the Landlord-Tenant Law?
Composed mainly of state statutes and common law, landlord-tenant law covers the rental of residential and commercial property. Their purpose is to make the rental process fair and safe for landlords and tenants alike.
Although all states must comply with some federal regulations, such as anti-discrimination laws, each state has its own set of landlord-tenant laws.
For example, states may vary on anything from the information requirements for a rental listing to what information is needed for the tenant screening process. Therefore, it is critical to know the laws that govern your state before you enter into a lease agreement.
Understanding Lease Agreements: Essential Information and Legal Responsibilities
It is the landlord’s legal responsibility to provide a written rental contract that follows all federal and state regulations. While some jurisdictions may recognize verbal agreements, these are generally limited to tenancies of one year or less.
Key components of a lease agreement
A lease agreement is a binding legal document that outlines the specifics of the rental arrangement. Here are the critical elements typically included in a lease agreement:
- Parties involved: Full legal names of the landlord and tenant(s).
- Property details: Address and description of the rental property.
- Lease duration: Length of time the agreement covers.
- Financial obligations: Rental payment amount and date it is due each month.
- Security deposit: Security deposit amount, details on what it covers, and how its return might be waived
- Pet policy: Clearly defined rules regarding pets, if allowed, including any restrictions or additional fees.
Keep in mind that the term “lease agreement” typically is reserved for rental contracts of one year or more. A short-term lease agreement – such as one for 30 days – is usually called a "rental agreement." This distinction is crucial for understanding the nature of the tenancy and the applicable legal framework.
Create your own Rental Lease Agreement
A Closer Look at Tenant Rights: Living Conditions and Legal Protections
The Fair Housing Act, enacted as part of the Civil Rights Act of 1968, prohibits discrimination based on race, color, religion, national origin, gender, age, familial status, and disability.
Some state landlord-tenant laws also include protections based on marital status or LGBT identity as part of their fair housing law. Some states also have an addendum that landlords with a no-pets policy must rent to a tenant who requires a support animal.
Other tenant rights that are commonly included in a lease agreement are the right to living undisturbed, the right to livable conditions, and the right to privacy.
A notable inclusion in some states' tenant rights is the accommodation for support animals, even in properties with a no-pets policy. This provision recognizes the essential role of support animals in the lives of individuals with disabilities, mandating landlords to make exceptions to their pet policies to fulfill this need.
Landlord Rights: Safeguarding Property and Managing Tenancies
Landlord-tenant laws also protect the property owner, especially when it comes to safeguarding their investment in the property itself. Although, once again, state laws and common law can vary when it comes to landlord rights, they generally include:
- Screen applicants: This critical right allows landlords to conduct background checks on potential tenants, assessing their creditworthiness and rental history. This screening process is vital for ensuring that tenants are reliable and capable of meeting their lease obligations.
- Collect deposits and payments: Landlords are entitled to collect security deposits and regular rent payments. Additionally, they can impose charges for pets, parking, and extra amenities, which helps cover the costs associated with the maintenance and enhancement of the property's value and appeal.
- Enter the property: With proper notice, landlords can enter the rented premises for inspections, repairs, and maintenance. In emergencies, this right extends to entering without prior notice, ensuring that landlords can promptly address any issues that may pose a risk to the property or its occupants.
- Use the security deposit: Landlords can apply the security deposit towards unpaid rent or to make necessary repairs caused by tenant negligence. This right is fundamental in mitigating financial losses and maintaining the property in good condition.
- Evict tenants: If tenants violate the lease agreement terms, landlords have the right to initiate eviction proceedings. This includes situations such as non-payment of rent, causing significant damage to the property, or engaging in illegal activities on the premises.
The Role of Background Checks in Tenant Screening
To protect their investment in their property, landlords seek tenants who have a responsible financial history. A landlord can verify the information a prospective tenant includes on the rental application with a background check.
What does a background check cover?
A comprehensive background check delves into various aspects of a prospective tenant's history, including:
- Social Security number
- Driver's license number
- Recent employment history
- Current income
- Previous landlords
- Past evictions
- Past bankruptcies
- Felony convictions
The verification process
As part of the background check, landlords often reach out to previous landlords and other references provided by the tenant. This step is crucial for uncovering any undisclosed issues that occurred during previous tenancies.
Additionally, a credit report is obtained to scrutinize the prospective tenant’s financial reliability further. This report provides insight into the tenant's credit history, outstanding debts, and overall financial health.
Landlords can make informed decisions by conducting a detailed background check and selecting tenants who are most likely to be responsible, financially stable, and respectful of the property.
This diligence not only protects the landlord's investment but also contributes to a stable and positive rental environment.
Security Deposit Law: Guidelines for Landlords and Tenants
A security deposit is an amount of money above and beyond the rent that is used as a way to ensure that any damage the tenant might cause to the property will be covered.
It is typical practice for a lease agreement to require the first and last month’s rent as well as an additional security deposit.
While practices can vary, most state laws cap the security deposit at no more than one month's rent. This regulation aims to balance the landlord's need for security with the tenant's financial burden.
In many states, the landlord must issue the tenant a receipt for a security deposit. This should include the intended use of the security deposit, as well as the terms by which the deposit will be refunded and how it will be refunded.
Additionally, the receipt should explain how any interest earned on the deposit will be paid.
Lease Termination: Legal Grounds and Procedures for Landlords
In legal terms, violating a lease agreement is considered a breach of contract. Most states allow a landlord to terminate a lease agreement if the tenant does the following:
- Fails to make rent payment(s)
- Violates another part of the lease agreement
- Violates the law in other ways
Notice of termination
When terminating an agreement, the landlord must send the tenant a notice of termination in the form of a lease termination letter to the tenant. Although each state’s laws may differ somewhat, a lease termination letter usually includes one of the following terms:
- The tenant must pay the past-due rent within a set period (usually three to five days) or vacate the property.
- The tenant must correct the specified violation of the lease agreement within a set timeframe or vacate the property.
- The tenant must vacate the property without the opportunity to correct the violation or pay the back rent.
Not enough time to write your own letter? With our step-by-step Notice of Termination template, you’ll be done in just a few minutes.
Taking further action
If the tenant remains in the rental property after receiving a lease termination notice, a landlord may take the next step: filing an eviction lawsuit.
This legal action is the final recourse to reclaim the property and is governed by specific legal procedures to ensure fairness and due process.
The Basics of Eviction Law: Differences Between Constructive and Actual Evictions
There are two types of evictions: constructive eviction and actual eviction. In a constructive eviction, the landlord has not provided the agreed-upon services, allowing the tenant to legally cancel the lease.
Take a look at the following to further understand the differences:
| Aspect | Constructive Eviction | Actual Eviction |
| Definition | Landlord's failure leads the tenant to leave. | Landlord evicts the tenant for lease breaches. |
| Cause | Lack of essential services/maintenance. | Tenant's lease violations (e.g., unpaid rent). |
| Initiator | Landlord's neglect. | Landlord's legal action. |
| Legal Action | Tenant leaves and may end lease. | Landlord seeks a court order to evict. |
| Grounds | Unlivable conditions. | Rent non-payment, damage, etc. |
| Notice | Not required for a tenant to leave. | Written notice to the tenant before eviction. |
| Remedies for Tenant | May seek damages for moving out. | Can remedy the issue or face eviction. |
However, every state has different laws that govern the steps a landlord may take during the eviction process. For example, most states require a landlord to issue a written eviction notice to a tenant before filing a lawsuit, after that can fill a forcible entry and deteiner. And most states have laws regarding squatters’ rights (also known as adverse possession).
Use our customizable Eviction Notice template to speed up the process and avoid costly mistakes.
Landlord-Tenant Law by State
As we have discussed, each state (and the District of Columbia) has its own set of landlord-tenant laws. You can search for your state’s set of rules.
Here is a listing of the state codes and statutes that govern landlord-tenant law.
| State | Tenant Law |
|---|---|
| Alabama | Ala. Code §§ 35-9-1 to 35-9-100; 35-9A-101 to 35-9A-603 (Title 35, Chapter 9) |
| Alaska | Alaska Stat. §§ 34.03.010 to 34.03.380 (Title 34, Chapter 34.03) |
| Arizona | Ariz. Rev. Stat. Ann. §§ 12-1171 to 12-1183; §§ 33-1301 to 33-1381; 33-301 to 33-381 (Title 33, Chapter 3) |
| Arkansas | Ark. Code Ann. §§ 18-16-101 to 18-16-306; 18-16-501 to 18-16-509; 18-17-101 to 18-17-913 (Title 18, Subtitle 2, Chapter 16) |
| California | Cal. Civ. Code §§ 1925 to 1954; 1961 to 1997.270 |
| Colorado | Colo. Rev. Stat. §§ 38-12-101 to 38-12-104; 38-12-301 to 38-12-511; 13-40-101 to 13-40-123 (Title 38, Article 12, Part I and Part III) |
| Connecticut | Conn. Gen. Stat. Ann. §§ 47a-1 to 47a-74 (Title 47a) |
| Delaware | Del. Code Ann. tit. 25, §§ 5101 to 5907 (Title 25, Chapters 51-59) |
| Florida | Fla. Stat. Ann. §§ 83.40 to 83.682 |
| Georgia | Ga. Code Ann. §§ 44-7-1 to 44-7-81 (Title 44, Chapter 7) |
| Hawaii | Haw. Rev. Stat. §§ 521-1 to 521-78 (Chapter 521) |
| Idaho | Code §§ 6-201 to 6-324; §§ 55-208 to 55-308 (Title 55, Chapter 2 and Chapter 3, §§ 208-308, Title 6, Chapter 2 and Chapter 3) |
| Illinois | Ill. Com. Stat. §§ 5/9-201 to 321 & 765 Ill. Comp. Stat. §§ 705/0.01 to 742/30 (Chapter 765 Sections 705 to 750) |
| Indiana | Ind. Code Ann. §§ 32-31-1-1 to 32-31-9-15 (Title 32, Article 31) |
| Iowa | Iowa Code Ann. §§ 562A.1 to 562A.37 (Title XIV, Subtitle 2, Chapter 562) |
| Kansas | Kan. Stat. Ann. §§ 58-2501 to 58-2573 (Chapter 58, Article 25, §§ 2501-2573) |
| Kentucky | Ky. Rev. Stat. Ann. §§ 383.010 to 383.715 (Title XXXII, Chapter 383) |
| Louisiana | La. Rev. Stat. Ann. §§ 9:3251 to 9:3261; La. Civ. Code Ann. art. 2668 to 2729 (RS 9:3201 to 9:3341) |
| Maine | Me. Rev. Stat. Ann. tit. 14, §§ 6001 to 6046 (Title 14, Part 7, Chapter 709, Subchapter 1) |
| Maryland | Md. Code Ann. [Real Prop.] §§ 8-101 to 8-604 (Real Property, Article, Title 8) |
| Massachusetts | Mass. Gen. Laws Ann. ch. 186, §§ 1 to 22 (Part II, Title I, Chapter 186) |
| Michigan | Mich. Comp. Laws §§ 554.131 to .201; 554.601 to 554.641 (Chapter 554, Act 348 of 1972) |
| Minnesota | Minn. Stat. Ann. §§ 504B.001 to 504B.471 (Chapter 504B) |
| Mississippi | Miss. Code Ann. §§ 89-7-1 to 89-8-27 (Title 89, Chapter 7 and Chapter 8) |
| Missouri | Mo. Rev. Stat. §§ 441.005 to 441.880; §§ 535.150 to 535.300 (Chapter 441, Chapter 535, 150-300) |
| Montana | Mont. Code Ann. §§ 70-24-101 to 70-26-110 (Title 70, Chapter 24-Chapter 27) |
| Nebraska | Neb. Rev. Stat. §§ 76-1401 to 76-1449 (Chapter 76) |
| Nevada | Nev. Rev. Stat. Ann. §§ 118A.010 to 118A.520; 40.215 to 40.280 (Title 10, Chapter 118 and Chapter 118A) |
| New Hampshire | N.H. Rev. Stat. Ann. §§ 540:1 to 540:29, 540-A:1 to 540-A:8 (
Title LV, Chapter 540, Title LV, Chapter 540-A) |
| New Jersey | N.J. Stat. Ann. §§ 46:8-1 to 46:8-50; 2A:42-1 to 42-96 (Title 46, Chapter 8) |
| New Mexico | N.M. Stat. Ann. §§ 47-8-1 to 47-8-51 (Chapter 47, Article 8) |
| New York | N.Y. Real Prop. Law §§ 220 to 238; Real Prop. Acts §§ 701 to 853; Mult. Dwell. Law (all); Mult. Res. Law (all); Gen. Oblig. Law §§ 7-103 to 7-109 (RPP: Real Property - Article 7: Landlord and Tenant) |
| North Carolina | N.C. Gen. Stat. §§ 42-1 to 42-14.2, 42-25.6 to 42-76 (Chapter 42: Landlord and Tenant) |
| North Dakota | N.D. Cent. Code §§ 47-16-01 to 47-16-41 (Title 47, Chapter 16: Leasing of Real Property) |
| Ohio | Ohio Rev. Code Ann. §§ 5321.01 to 5321.19 (Chapter 5321: Landlords and Tenants) |
| Oklahoma | Okla. Stat. Ann. tit. 41, §§ 1 to 136 (Title 41: Landlord and Tenant) |
| Oregon | Or. Rev. Stat. §§ 90.100 to 91.225 (Chapter 90: Residential Landlord and Tenant) |
| Pennsylvania | Pa. Cons. Stat. Ann. §§ 250.101; 399.18 (Title 68, Chapter 8: Landlord and Tenant Act of 1951) |
| Rhode Island | R.I. Gen. Laws §§ 34-18-1 to 34-18-57 (Title 34, Chapter 18: Residential Landlord and Tenant Act) |
| South Carolina | S.C. Code Ann. §§ 27-40-10 to 27-40-940 (Title 27, Chapter 40: Residential Landlord and Tenant Act) |
| South Dakota | S.D. Codified Laws Ann. §§ 43-32-1 to 43-32-29 (Chapter 43-32: Lease of Real Property) |
| Tennessee | Tenn. Code Ann. §§ 66-28-101 to 66-28-521 (Title 66, Chapter 28) |
| Texas | Tex. Prop. Code Ann. §§ 91.001 to 92.355 (Title 8, Chapter 91 and Chapter 92) |
| Utah | Utah Code Ann. §§ 57-17-1 to 57-17-5; 57-22-1 to 57-22-6 (Title 57, Chapter 17, Title 57, Chapter 22) |
| Vermont | Vt. Stat. Ann. tit. 9, §§ 4451 to 4468 (Title 9, Chapter 137: Residential Rental Agreements) |
| Virginia | Va. Code Ann. §§ 55-218.1 to 55-248.40 (Title 55, Chapters 13.1-13.3) |
| Washington | Wash. Rev. Code Ann. §§ 59.04.010 to 59.04.900; 59.18.010 to 59.18.912 (Section 59.18: Residential Landlord-Tenant Act) |
| Washington DC | D.C. Code Ann. §§ 42-3201 to 42-3610; D.C. Mun. Regs., tit. 14, §§ 300 to 315 (Title 42, Subtitle VII) |
| West Virginia | W.Va. Code §§ 37-6-1 to 37-6-30 (Chapter 37, sections 6-1 to 6-30) |
| Wisconsin | Wis. Stat. Ann. §§ 704.01 to 704.50; Wis. Admin. Code 134.01 to 134.10 (Chapter 704) |
| Wyoming | Wyo. Stat. §§ 1-21-1201 to 1-21-1211; §§ 34-2-128 to 34-2-129 (Title 34, Chapter 2, Title 1, Chapter 21, Article 12) |
Landlord-tenant laws exist to protect both parties in a rental agreement. If you have questions about your rights as a landlord or as a renter, it is a good idea to speak with an attorney. You can also find our legal documents to get easily a lease agreement templates or an eviction notice.
Helpful Resources:
Landlord Tenant Laws - AAOA
Landlord Tenant Laws - LII
Fair Housing - HUD
Table of Contents:
- What is the Landlord-Tenant Law?
- Understanding Lease Agreements: Essential Information and Legal Responsibilities
- A Closer Look at Tenant Rights: Living Conditions and Legal Protections
- Landlord Rights: Safeguarding Property and Managing Tenancies
- The Role of Background Checks in Tenant Screening
- Security Deposit Law: Guidelines for Landlords and Tenants
- Lease Termination: Legal Grounds and Procedures for Landlords
- The Basics of Eviction Law: Differences Between Constructive and Actual Evictions
- Landlord-Tenant Law by State
Table of Contents:
- What is the Landlord-Tenant Law?
- Understanding Lease Agreements: Essential Information and Legal Responsibilities
- A Closer Look at Tenant Rights: Living Conditions and Legal Protections
- Landlord Rights: Safeguarding Property and Managing Tenancies
- The Role of Background Checks in Tenant Screening
- Security Deposit Law: Guidelines for Landlords and Tenants
- Lease Termination: Legal Grounds and Procedures for Landlords
- The Basics of Eviction Law: Differences Between Constructive and Actual Evictions
- Landlord-Tenant Law by State
Whether you are a property owner seeking renters or someone looking for a new home to rent, laws exist to safeguard your rights. In the U.S., landlords and tenants must each comply with a set of federal regulations and state laws that vary according to where the property is located.
Before you prepare or sign a lease, it’s essential that you know and understand your legal rights. This article will equip you with the basics for what you need to know about landlord-tenant law.
What is the Landlord-Tenant Law?
Composed mainly of state statutes and common law, landlord-tenant law covers the rental of residential and commercial property. Their purpose is to make the rental process fair and safe for landlords and tenants alike.
Although all states must comply with some federal regulations, such as anti-discrimination laws, each state has its own set of landlord-tenant laws.
For example, states may vary on anything from the information requirements for a rental listing to what information is needed for the tenant screening process. Therefore, it is critical to know the laws that govern your state before you enter into a lease agreement.
Understanding Lease Agreements: Essential Information and Legal Responsibilities
It is the landlord’s legal responsibility to provide a written rental contract that follows all federal and state regulations. While some jurisdictions may recognize verbal agreements, these are generally limited to tenancies of one year or less.
Key components of a lease agreement
A lease agreement is a binding legal document that outlines the specifics of the rental arrangement. Here are the critical elements typically included in a lease agreement:
- Parties involved: Full legal names of the landlord and tenant(s).
- Property details: Address and description of the rental property.
- Lease duration: Length of time the agreement covers.
- Financial obligations: Rental payment amount and date it is due each month.
- Security deposit: Security deposit amount, details on what it covers, and how its return might be waived
- Pet policy: Clearly defined rules regarding pets, if allowed, including any restrictions or additional fees.
Keep in mind that the term “lease agreement” typically is reserved for rental contracts of one year or more. A short-term lease agreement – such as one for 30 days – is usually called a "rental agreement." This distinction is crucial for understanding the nature of the tenancy and the applicable legal framework.
Create your own Rental Lease Agreement
A Closer Look at Tenant Rights: Living Conditions and Legal Protections
The Fair Housing Act, enacted as part of the Civil Rights Act of 1968, prohibits discrimination based on race, color, religion, national origin, gender, age, familial status, and disability.
Some state landlord-tenant laws also include protections based on marital status or LGBT identity as part of their fair housing law. Some states also have an addendum that landlords with a no-pets policy must rent to a tenant who requires a support animal.
Other tenant rights that are commonly included in a lease agreement are the right to living undisturbed, the right to livable conditions, and the right to privacy.
A notable inclusion in some states' tenant rights is the accommodation for support animals, even in properties with a no-pets policy. This provision recognizes the essential role of support animals in the lives of individuals with disabilities, mandating landlords to make exceptions to their pet policies to fulfill this need.
Landlord Rights: Safeguarding Property and Managing Tenancies
Landlord-tenant laws also protect the property owner, especially when it comes to safeguarding their investment in the property itself. Although, once again, state laws and common law can vary when it comes to landlord rights, they generally include:
- Screen applicants: This critical right allows landlords to conduct background checks on potential tenants, assessing their creditworthiness and rental history. This screening process is vital for ensuring that tenants are reliable and capable of meeting their lease obligations.
- Collect deposits and payments: Landlords are entitled to collect security deposits and regular rent payments. Additionally, they can impose charges for pets, parking, and extra amenities, which helps cover the costs associated with the maintenance and enhancement of the property's value and appeal.
- Enter the property: With proper notice, landlords can enter the rented premises for inspections, repairs, and maintenance. In emergencies, this right extends to entering without prior notice, ensuring that landlords can promptly address any issues that may pose a risk to the property or its occupants.
- Use the security deposit: Landlords can apply the security deposit towards unpaid rent or to make necessary repairs caused by tenant negligence. This right is fundamental in mitigating financial losses and maintaining the property in good condition.
- Evict tenants: If tenants violate the lease agreement terms, landlords have the right to initiate eviction proceedings. This includes situations such as non-payment of rent, causing significant damage to the property, or engaging in illegal activities on the premises.
The Role of Background Checks in Tenant Screening
To protect their investment in their property, landlords seek tenants who have a responsible financial history. A landlord can verify the information a prospective tenant includes on the rental application with a background check.
What does a background check cover?
A comprehensive background check delves into various aspects of a prospective tenant's history, including:
- Social Security number
- Driver's license number
- Recent employment history
- Current income
- Previous landlords
- Past evictions
- Past bankruptcies
- Felony convictions
The verification process
As part of the background check, landlords often reach out to previous landlords and other references provided by the tenant. This step is crucial for uncovering any undisclosed issues that occurred during previous tenancies.
Additionally, a credit report is obtained to scrutinize the prospective tenant’s financial reliability further. This report provides insight into the tenant's credit history, outstanding debts, and overall financial health.
Landlords can make informed decisions by conducting a detailed background check and selecting tenants who are most likely to be responsible, financially stable, and respectful of the property.
This diligence not only protects the landlord's investment but also contributes to a stable and positive rental environment.
Security Deposit Law: Guidelines for Landlords and Tenants
A security deposit is an amount of money above and beyond the rent that is used as a way to ensure that any damage the tenant might cause to the property will be covered.
It is typical practice for a lease agreement to require the first and last month’s rent as well as an additional security deposit.
While practices can vary, most state laws cap the security deposit at no more than one month's rent. This regulation aims to balance the landlord's need for security with the tenant's financial burden.
In many states, the landlord must issue the tenant a receipt for a security deposit. This should include the intended use of the security deposit, as well as the terms by which the deposit will be refunded and how it will be refunded.
Additionally, the receipt should explain how any interest earned on the deposit will be paid.
Lease Termination: Legal Grounds and Procedures for Landlords
In legal terms, violating a lease agreement is considered a breach of contract. Most states allow a landlord to terminate a lease agreement if the tenant does the following:
- Fails to make rent payment(s)
- Violates another part of the lease agreement
- Violates the law in other ways
Notice of termination
When terminating an agreement, the landlord must send the tenant a notice of termination in the form of a lease termination letter to the tenant. Although each state’s laws may differ somewhat, a lease termination letter usually includes one of the following terms:
- The tenant must pay the past-due rent within a set period (usually three to five days) or vacate the property.
- The tenant must correct the specified violation of the lease agreement within a set timeframe or vacate the property.
- The tenant must vacate the property without the opportunity to correct the violation or pay the back rent.
Not enough time to write your own letter? With our step-by-step Notice of Termination template, you’ll be done in just a few minutes.
Taking further action
If the tenant remains in the rental property after receiving a lease termination notice, a landlord may take the next step: filing an eviction lawsuit.
This legal action is the final recourse to reclaim the property and is governed by specific legal procedures to ensure fairness and due process.
The Basics of Eviction Law: Differences Between Constructive and Actual Evictions
There are two types of evictions: constructive eviction and actual eviction. In a constructive eviction, the landlord has not provided the agreed-upon services, allowing the tenant to legally cancel the lease.
Take a look at the following to further understand the differences:
| Aspect | Constructive Eviction | Actual Eviction |
| Definition | Landlord's failure leads the tenant to leave. | Landlord evicts the tenant for lease breaches. |
| Cause | Lack of essential services/maintenance. | Tenant's lease violations (e.g., unpaid rent). |
| Initiator | Landlord's neglect. | Landlord's legal action. |
| Legal Action | Tenant leaves and may end lease. | Landlord seeks a court order to evict. |
| Grounds | Unlivable conditions. | Rent non-payment, damage, etc. |
| Notice | Not required for a tenant to leave. | Written notice to the tenant before eviction. |
| Remedies for Tenant | May seek damages for moving out. | Can remedy the issue or face eviction. |
However, every state has different laws that govern the steps a landlord may take during the eviction process. For example, most states require a landlord to issue a written eviction notice to a tenant before filing a lawsuit, after that can fill a forcible entry and deteiner. And most states have laws regarding squatters’ rights (also known as adverse possession).
Use our customizable Eviction Notice template to speed up the process and avoid costly mistakes.
Landlord-Tenant Law by State
As we have discussed, each state (and the District of Columbia) has its own set of landlord-tenant laws. You can search for your state’s set of rules.
Here is a listing of the state codes and statutes that govern landlord-tenant law.
| State | Tenant Law |
|---|---|
| Alabama | Ala. Code §§ 35-9-1 to 35-9-100; 35-9A-101 to 35-9A-603 (Title 35, Chapter 9) |
| Alaska | Alaska Stat. §§ 34.03.010 to 34.03.380 (Title 34, Chapter 34.03) |
| Arizona | Ariz. Rev. Stat. Ann. §§ 12-1171 to 12-1183; §§ 33-1301 to 33-1381; 33-301 to 33-381 (Title 33, Chapter 3) |
| Arkansas | Ark. Code Ann. §§ 18-16-101 to 18-16-306; 18-16-501 to 18-16-509; 18-17-101 to 18-17-913 (Title 18, Subtitle 2, Chapter 16) |
| California | Cal. Civ. Code §§ 1925 to 1954; 1961 to 1997.270 |
| Colorado | Colo. Rev. Stat. §§ 38-12-101 to 38-12-104; 38-12-301 to 38-12-511; 13-40-101 to 13-40-123 (Title 38, Article 12, Part I and Part III) |
| Connecticut | Conn. Gen. Stat. Ann. §§ 47a-1 to 47a-74 (Title 47a) |
| Delaware | Del. Code Ann. tit. 25, §§ 5101 to 5907 (Title 25, Chapters 51-59) |
| Florida | Fla. Stat. Ann. §§ 83.40 to 83.682 |
| Georgia | Ga. Code Ann. §§ 44-7-1 to 44-7-81 (Title 44, Chapter 7) |
| Hawaii | Haw. Rev. Stat. §§ 521-1 to 521-78 (Chapter 521) |
| Idaho | Code §§ 6-201 to 6-324; §§ 55-208 to 55-308 (Title 55, Chapter 2 and Chapter 3, §§ 208-308, Title 6, Chapter 2 and Chapter 3) |
| Illinois | Ill. Com. Stat. §§ 5/9-201 to 321 & 765 Ill. Comp. Stat. §§ 705/0.01 to 742/30 (Chapter 765 Sections 705 to 750) |
| Indiana | Ind. Code Ann. §§ 32-31-1-1 to 32-31-9-15 (Title 32, Article 31) |
| Iowa | Iowa Code Ann. §§ 562A.1 to 562A.37 (Title XIV, Subtitle 2, Chapter 562) |
| Kansas | Kan. Stat. Ann. §§ 58-2501 to 58-2573 (Chapter 58, Article 25, §§ 2501-2573) |
| Kentucky | Ky. Rev. Stat. Ann. §§ 383.010 to 383.715 (Title XXXII, Chapter 383) |
| Louisiana | La. Rev. Stat. Ann. §§ 9:3251 to 9:3261; La. Civ. Code Ann. art. 2668 to 2729 (RS 9:3201 to 9:3341) |
| Maine | Me. Rev. Stat. Ann. tit. 14, §§ 6001 to 6046 (Title 14, Part 7, Chapter 709, Subchapter 1) |
| Maryland | Md. Code Ann. [Real Prop.] §§ 8-101 to 8-604 (Real Property, Article, Title 8) |
| Massachusetts | Mass. Gen. Laws Ann. ch. 186, §§ 1 to 22 (Part II, Title I, Chapter 186) |
| Michigan | Mich. Comp. Laws §§ 554.131 to .201; 554.601 to 554.641 (Chapter 554, Act 348 of 1972) |
| Minnesota | Minn. Stat. Ann. §§ 504B.001 to 504B.471 (Chapter 504B) |
| Mississippi | Miss. Code Ann. §§ 89-7-1 to 89-8-27 (Title 89, Chapter 7 and Chapter 8) |
| Missouri | Mo. Rev. Stat. §§ 441.005 to 441.880; §§ 535.150 to 535.300 (Chapter 441, Chapter 535, 150-300) |
| Montana | Mont. Code Ann. §§ 70-24-101 to 70-26-110 (Title 70, Chapter 24-Chapter 27) |
| Nebraska | Neb. Rev. Stat. §§ 76-1401 to 76-1449 (Chapter 76) |
| Nevada | Nev. Rev. Stat. Ann. §§ 118A.010 to 118A.520; 40.215 to 40.280 (Title 10, Chapter 118 and Chapter 118A) |
| New Hampshire | N.H. Rev. Stat. Ann. §§ 540:1 to 540:29, 540-A:1 to 540-A:8 (
Title LV, Chapter 540, Title LV, Chapter 540-A) |
| New Jersey | N.J. Stat. Ann. §§ 46:8-1 to 46:8-50; 2A:42-1 to 42-96 (Title 46, Chapter 8) |
| New Mexico | N.M. Stat. Ann. §§ 47-8-1 to 47-8-51 (Chapter 47, Article 8) |
| New York | N.Y. Real Prop. Law §§ 220 to 238; Real Prop. Acts §§ 701 to 853; Mult. Dwell. Law (all); Mult. Res. Law (all); Gen. Oblig. Law §§ 7-103 to 7-109 (RPP: Real Property - Article 7: Landlord and Tenant) |
| North Carolina | N.C. Gen. Stat. §§ 42-1 to 42-14.2, 42-25.6 to 42-76 (Chapter 42: Landlord and Tenant) |
| North Dakota | N.D. Cent. Code §§ 47-16-01 to 47-16-41 (Title 47, Chapter 16: Leasing of Real Property) |
| Ohio | Ohio Rev. Code Ann. §§ 5321.01 to 5321.19 (Chapter 5321: Landlords and Tenants) |
| Oklahoma | Okla. Stat. Ann. tit. 41, §§ 1 to 136 (Title 41: Landlord and Tenant) |
| Oregon | Or. Rev. Stat. §§ 90.100 to 91.225 (Chapter 90: Residential Landlord and Tenant) |
| Pennsylvania | Pa. Cons. Stat. Ann. §§ 250.101; 399.18 (Title 68, Chapter 8: Landlord and Tenant Act of 1951) |
| Rhode Island | R.I. Gen. Laws §§ 34-18-1 to 34-18-57 (Title 34, Chapter 18: Residential Landlord and Tenant Act) |
| South Carolina | S.C. Code Ann. §§ 27-40-10 to 27-40-940 (Title 27, Chapter 40: Residential Landlord and Tenant Act) |
| South Dakota | S.D. Codified Laws Ann. §§ 43-32-1 to 43-32-29 (Chapter 43-32: Lease of Real Property) |
| Tennessee | Tenn. Code Ann. §§ 66-28-101 to 66-28-521 (Title 66, Chapter 28) |
| Texas | Tex. Prop. Code Ann. §§ 91.001 to 92.355 (Title 8, Chapter 91 and Chapter 92) |
| Utah | Utah Code Ann. §§ 57-17-1 to 57-17-5; 57-22-1 to 57-22-6 (Title 57, Chapter 17, Title 57, Chapter 22) |
| Vermont | Vt. Stat. Ann. tit. 9, §§ 4451 to 4468 (Title 9, Chapter 137: Residential Rental Agreements) |
| Virginia | Va. Code Ann. §§ 55-218.1 to 55-248.40 (Title 55, Chapters 13.1-13.3) |
| Washington | Wash. Rev. Code Ann. §§ 59.04.010 to 59.04.900; 59.18.010 to 59.18.912 (Section 59.18: Residential Landlord-Tenant Act) |
| Washington DC | D.C. Code Ann. §§ 42-3201 to 42-3610; D.C. Mun. Regs., tit. 14, §§ 300 to 315 (Title 42, Subtitle VII) |
| West Virginia | W.Va. Code §§ 37-6-1 to 37-6-30 (Chapter 37, sections 6-1 to 6-30) |
| Wisconsin | Wis. Stat. Ann. §§ 704.01 to 704.50; Wis. Admin. Code 134.01 to 134.10 (Chapter 704) |
| Wyoming | Wyo. Stat. §§ 1-21-1201 to 1-21-1211; §§ 34-2-128 to 34-2-129 (Title 34, Chapter 2, Title 1, Chapter 21, Article 12) |
Landlord-tenant laws exist to protect both parties in a rental agreement. If you have questions about your rights as a landlord or as a renter, it is a good idea to speak with an attorney. You can also find our legal documents to get easily a lease agreement templates or an eviction notice.
Helpful Resources:
Landlord Tenant Laws - AAOA
Landlord Tenant Laws - LII
Fair Housing - HUD
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