Landlord-Tenant Law

Landlord-tenant laws help protect you, your property and your tenants by establishing clear rights, rules and responsibilities. Some laws are maintained at the federal level, and many are set by state and local jurisdictions. As a result, they can vary widely and change frequently.

Federal landlord-tenant laws prevent discriminatory housing practices and protect tenant rights. The U.S. Department of Housing and Urban Development (HUD) administers and regulates some of these laws, including the Fair Housing Act.

State or local landlord-tenant laws may also establish rules related to landlord-tenant rights, leases and housing discrimination in the area where you own rental property.

This guide provides an overview of the common types of landlord-tenant laws, but it’s important to familiarize yourself with the laws specific to your area. Understanding your rights and obligations and your tenants’ rights is a cornerstone to operating a successful rental property.
nNOTE: This guide is for informational purposes only. Zillow Group, Inc. does not make any guarantees about the sufficiency of the information in or linked to from this guide, or that it’s compliant with current, applicable, or local laws. Landlord-tenant laws change rapidly and may be regulated at the federal, state, and local levels. This resource is not a substitute for the advice or service of an attorney; you should not rely on this resource for any purpose without consulting with a licensed attorney in your jurisdiction.

Fair housing law

The federal Fair Housing Act protects renters from housing discrimination based on their inclusion in a protected class, such as race, color, religion, sex, national origin, familial status and physical or mental disability. Local laws may include additional protections, such as protection from discrimination based on sexual identity, gender identity or source of income. 

Here are a few examples of when fair housing laws may apply:

• Renting to tenants who have emotional support or assistance animals
• Renting to families with children
• Showing, marketing or advertising your rental property
• During the tenant screening process
• Limiting the number of occupants in a rental
• Renting to tenants with Housing Choice Vouchers (Section 8)

Lease agreements

Lease agreements specify the rental requirements and expectations for you and your tenant. You can use Zillow Rental Manager to easily upload and sign your lease online, or in select states, create a customized lease agreement. 

For more information about leases, we offer a variety of resources:

• Parts of a lease agreement
• Types of lease and rental agreements
• How to create a lease agreement
• How to renew a lease with your tenant
• What to know before terminating or breaking a lease

Landlord-tenant rights

The lease agreement also specifies property rules and lays out certain rights, but it may not include all landlord and tenant rights under state or local law. These laws offer essential protections to both parties. 

Some examples of tenant rights include:

• Livable rental conditions, sometimes referred to as a warranty of habitability
• A quiet living environment
• Tenant safety
• A certain level of privacy

Some examples of landlord rights include:

• Collecting security deposits, rent and other monthly payments
• Screening rental applicants
• Giving proper notice if a tenant fails to carry out duties specified in the lease

Repairs and maintenance

Both the landlord and tenant have certain responsibilities when it comes to maintaining a rental property, and these should be included in the lease agreement. For example, the landlord is typically responsible for ensuring appliances are in working order, but the tenant is responsible for using and maintaining them properly.

Maintenance is a fact of life when owning a rental property. These resources can help you plan ahead:

• Top property maintenance tips
• Preventative maintenance
• Handling mold in a rental
• Dealing with unwanted pests
• Knowing when to call a professional

Rent and security deposits

Landlords have a right to collect monthly rent, a security deposit and, when applicable, fees associated with pets, parking and other amenities. State or local law may have specific requirements around how this money is collected and managed. To ensure you’re following proper procedures, speak with a landlord-tenant attorney about requirements in your area.

These resources provide an overview of general practices around rent, deposits and other fees:

• Collecting rent and other fees from a tenant
• Collecting a security deposit
• Returning a security deposit
• Raising rent
• Renting to tenants with pets

Notices

As a landlord, you will probably need to give notice to your tenant at some point. This may be something simple, like informing them of a repair appointment, or it could be a less comfortable situation, like notifying them of a lease violation. In either case, notice must be handled properly. Typically, your local or state rental laws stipulate how and when notices should be issued. Some common situations in which a landlord may need to provide a tenant notice include:

• Before entering a rental property
• Before increasing the rent
• If a tenant is late paying rent
• If a tenant is in violation of the lease

Eviction

Rules on eviction vary by state, and both federal and local laws may apply. Before moving forward with the eviction process, it’s critical to speak to a local lawyer to gather the necessary documents and get help filing for an eviction through the court. Never try to handle an eviction yourself by changing locks or removing personal property from the rental. 

In addition, due to the COVID-19 pandemic, there may be federal, state and/or local laws that temporarily limit or prohibit landlords from evicting a tenant for nonpayment of rent. Be sure to stay current on any landlord-tenant laws for your state, city or town, and speak with a local attorney if you have any questions.

Landlord-tenant laws by state

For the most up-to-date landlord-tenant laws, select your state from the list below.