What Is Landlord-Tenant Law?

Why Every Landlord Must Know the Law

Here is the uncomfortable truth: most self-managing landlords break at least one landlord-tenant law without even knowing it. They charge a security deposit that exceeds the state limit. They enter a unit without proper notice. They try to keep a deposit for normal wear and tear. They serve the wrong eviction notice.

Each of these mistakes can cost you hundreds to thousands of dollars in penalties, legal fees, and court judgments. And "I did not know" will not help you in front of a judge.

You do not need a law degree. But you do need a working knowledge of the key areas of landlord-tenant law in every state where you own property. Here are the areas that matter most.

Key Areas of Landlord-Tenant Law

Security deposits. Every state has rules about how much you can collect, where you must hold the money, and how quickly you must return it after move-out. Limits range from 1 month's rent (California, New York) to no statutory limit (Texas, Florida). Return deadlines range from 14 to 60 days. Get this wrong and you can owe the tenant 2-3x the deposit in penalties.

Eviction procedures. You cannot just tell a tenant to leave. Every state requires specific written notices with specific timeframes, filed through specific courts, following specific procedures. Skip a step and the judge will dismiss your case, costing you more time and money.

Habitability requirements. You must maintain the property in a livable condition. Working heat, plumbing, electrical, and structural safety are non-negotiable. If you fail, tenants have remedies including rent withholding, repair and deduct, and lease termination.

Fair housing. Federal law prohibits discrimination based on 7 protected classes. Many states and cities add additional protections. This applies to advertising, screening, leasing, and every interaction with tenants and applicants.

Entry and privacy. Most states require 24-48 hours written notice before entering a tenant's unit, except in emergencies. Entering without notice is a violation of the tenant's right to quiet enjoyment and can result in legal action.

Rent increases. In most states you can raise rent by any amount with proper notice (typically 30-60 days). In rent-controlled areas, increases are capped. Some states require longer notice for larger increases.

Retaliation. Most states prohibit retaliatory actions against tenants who exercise their legal rights. If a tenant files a code complaint, reports a habitability issue, or joins a tenant organization, you cannot raise their rent, reduce services, or try to evict them in response. Doing so is illegal retaliation.

Real Example: What Happens When You Do Not Know the Law

A landlord in California owns a duplex. Tenant in Unit A has been paying $1,200/month for 3 years. The landlord wants to raise rent to $1,500 (a 25% increase) and sends a 30-day notice.

Problems: (1) Under California's Tenant Protection Act, the maximum annual increase is 5% + CPI, roughly 8-10% total. A 25% increase is illegal. (2) For increases over 10%, California requires 90 days notice, not 30. The landlord has violated two laws in one letter.

The tenant contacts a tenant rights organization. They file a complaint. The landlord receives a letter from an attorney. Settlement cost: $2,500 plus rollback of the illegal increase. If the landlord had simply known the rules, the whole situation was avoidable.

How to Stay Compliant

Step 1: Read your state's landlord-tenant statute. Most are 20-40 pages. Read the whole thing once, then bookmark the sections on deposits, eviction, habitability, and entry. This is a few hours of reading that saves you thousands.

Step 2: Join your state or local landlord association. For $50-$200/year, you get access to state-specific lease forms, legal updates, and often a legal hotline. Worth every penny.

Step 3: Build a relationship with a real estate attorney. You do not need one on retainer. But having an attorney you can call for a $200 consultation when a legal question comes up is invaluable. Find one who specializes in landlord-tenant law, not general practice.

Step 4: Use state-specific lease forms. Generic leases from the internet are full of clauses that are illegal or unenforceable in specific states. Get your lease from your state landlord association or have an attorney draft one.

Step 5: Stay current. Laws change every year. Subscribe to your state landlord association's newsletter, follow local real estate attorney blogs, and review your lease annually to make sure it is still compliant.

Common Mistakes

Assuming all states are the same. If you own property in multiple states, each one has different rules. A 3-day eviction notice is standard in some states but illegal in others. Never assume what works in one state works in another.

Self-help eviction. Changing locks, turning off utilities, removing doors, or dumping belongings is illegal in every state. It will result in a lawsuit, penalties, and potentially criminal charges. Always go through the court system.

Not keeping records. If a dispute ends up in court, the landlord with documentation wins. Keep copies of every lease, notice, communication, receipt, and inspection report for at least 3-5 years after a tenancy ends.

Taking legal advice from other landlords. Forums, Facebook groups, and landlord meetups are great for general advice, but legal guidance from non-lawyers is often wrong. "That is how we do it here" is not a legal defense.

Frequently Asked Questions

Where can I find my state's landlord-tenant laws?

Start with your state legislature website or search for "[your state] landlord-tenant act." Your state landlord association and local housing authority are also good resources. For specific questions, consult a local real estate attorney.

Do landlord-tenant laws vary by state?

Yes, dramatically. Security deposit limits, eviction timelines, notice requirements, repair obligations, and tenant remedies all vary. Some cities also have additional local ordinances that add another layer of requirements.

What are the most common landlord-tenant law violations?

The most frequent violations include: failing to return security deposits on time, improper eviction procedures, entering without proper notice, discrimination in screening or leasing, failing to maintain habitability, and retaliating against tenants who exercise their rights.