Landlord-Tenant Law Overview
Landlord-tenant laws are rules created by state governments that both parties must follow when entering into a residential lease agreement. In the case of any disagreements, they are designed to protect both the landlord and tenant. Landlord-tenant acts also help landlords understand what their responsibilities are to their tenants and properties. Many states use the Uniform Residential Landlord-Tenant Act of 1972 (URLTA) as the basis for their state-specific laws. At a high level, the URLTA establishes the landlord-tenant relationship on the basis of contract, rather than property law.
While many landlord-tenant laws are similar state-to-state, there are key differences that can be significant, depending on the topic. Many county and city localities have their own set of laws as well that offer additional protections. It’s important for both landlords and tenants to fully understand landlord-tenant laws in their particular location to ensure they aren’t being taken advantage of and to avoid unnecessary lawsuits.
What Are Common Landlord-Tenant Law Differences By State?
Landlord-Tenant State and Local Laws vs Federal Laws
There are also federal fair housing laws that must be complied with in every state. You can think of these as broad guidelines, while the individual state and local laws get into the specifics. The main federal law to be aware of is the Fair Housing Act of 1968. The Fair Housing Act was put in place to prevent housing discrimination based on a number of factors, including race, religion, national origin, sex, handicap, and familial status. Many states and cities also have their own fair housing laws that offer additional protections to certain classes that are not covered by the federal Fair Housing Act.
An example of the Fair Housing Act is that a landlord would not be able to deny housing to a family with children, simply because they do not want children living in their rental. Unless the property meets an exemption (like being specifically designated as Housing for Older Persons), it would be illegal for them to deny this family housing.
It’s important to have a firm grasp of federal, state, and local laws so you can understand how they interact.