Landlord-Tenant Law: Key Rights And Duties (2026)

What Is Landlord-Tenant Law?

The law governs the following aspects of a property lease:

• Discriminatory listings and leases
• Disability accommodations
• Duties of landlords to tenants and vice versa
• Responsibility for property maintenance
• Eviction process

Legal sources include federal civil rights statutes, state property and civil rights statutes, state property and contract case law and local leasing ordinances.

Federal and State Landlord-Tenant Laws

Traditionally, federal laws leave property matters to the states, so most laws covering landlords and tenants are state laws or local ordinances. However, the federal government has jurisdiction in two areas.

First, the Constitution gives the federal government authority over interstate commerce. Leases are commercial transactions that can fall under federal jurisdiction. Additionally, because the federal government is obligated to ensure equal protection of the laws, it has jurisdiction over discriminatory lease practices.

Fair Housing and Anti-Discrimination Laws

Congress passed the Fair Housing Act (FHA) to prohibit discrimination in housing based on these characteristics:

• Race
• Color
• National origin
• Religion
• Sex
• Familial status, specifically tenants with children
• Disability

The FHA prohibits engaging in the following practices:

• Excluding classes from applying for or leasing properties
• Providing different lease terms, conditions or price
• Restricting classes to certain units
• Denying reasonable accommodation for disabilities

Even if a landlord has a tenant screening process that seems fair, they may still violate the FHA by excluding all applicants of a certain race from leasing. This can apply to both current and prospective tenants.

Most states have civil rights protections with similar or broader scope. For example, California’s Fair Employment and Housing Act adds the following protected classes to those covered by the FHA:

• Gender identity and expression
• Sexual orientation
• Marital status
• Ancestry
• Income source
• Veteran or military status
• Genetic information

California landlords cannot even ask tenants and applicants about these classifications.

Lease Agreement and Required Disclosure Laws

In most states, a statute of frauds requires written leases for terms longer than one year. New Mexico requires all leases to be written.

Based on a long history of custom and case law, lease agreements should generally include the following:

• Names of landlord and tenant
• Property address
• Lease term
• Rent payments
• Security deposit
• Services and fixtures provided by landlord
• Tenant responsibilities
• Landlord responsibilities
• Notification and termination processes
• Occupant and pet restrictions
• Landlord and tenant signatures

Under federal law, landlords must disclose lead paint in rentals built before 1978. State laws may mandate additional disclosures, such as asbestos, radon, lead plumbing or bedbugs on the premises.

Habitability and Safety Requirements

Many states have a warranty of habitability on all residential leases. Landlords must ensure that the property is reasonably fit for human habitation, including shelter, heat or cooling, clean water and electricity. It must be structurally safe, generally clean and reasonably free of any vermin or mold.

Repair and Maintenance Responsibilities

Landlord responsibilities include repairing and maintaining the property’s structure, plumbing, electrical system and HVAC. However, landlords may delegate responsibility to the tenant for minor, non-structural repairs and maintenance, such as changing lightbulbs or replacing furnace filters.

If the lease fails to address this delegation, the landlord may need to offer rent reduction, reimbursement or other consideration for the renter’s time and expenses.

Security Deposit Laws

State laws often address the use of security deposits. For example, Utah’s statute only allows the landlord to deduct the following costs from a security deposit:

• Repairs beyond normal wear
• Cleaning
• Unpaid rent
• Fees and costs listed in the lease

Under Utah’s law, the landlord has 30 days after the move-out date to provide a written statement and return the balance.

Tenant Privacy and Landlord Entry Rules

In most states, leases have a covenant of quiet enjoyment. This means the landlord must deliver reasonably continuous possession and use of the leased property. They breach this promise by unreasonably interfering with the tenant’s premises.

Nevertheless, the lease may permit reasonable entry into the premises. When can a landlord enter without permission? A lease can often give the landlord authority to enter for emergencies, routine inspections and repairs/maintenance.

Abandoned Tenant Property Rules

Landlords must typically remove and store belongings in abandoned units. They usually must inform the tenant about the belongings, but aren’t required to pay to deliver them. Instead, the tenant must often pick up the belongings and, in some states, like Arizona, reimburse the landlord for removal and storage costs.

Eviction Laws and the Legal Process

Landlords can evict tenants for non-payment of rent and other breaches of the lease. They can also evict holdover tenants who stay past the lease expiration.

Generally, self-help evictions are not permitted. Instead, the landlord must follow the state’s eviction process that usually includes the following steps:

• Send or post an eviction notice
• Wait the required time
• File an eviction lawsuit
• Serve the lawsuit on the tenant
• Attend the eviction hearing and present evidence

If the court agrees with the landlord’s grounds for eviction, it will order the tenant to vacate. Law enforcement officers can physically remove the tenant and their belongings if they fail to leave by the court’s deadline.

The Importance of Knowing Your Rights and Duties

Tenant-landlord laws aim to keep renting fair for everyone involved. When you understand your rights and responsibilities as either a landlord or tenant, you can enjoy a smoother rental experience.