Screening and Choosing Tenants
Landlords may set neutral, consistently applied criteria such as income, rental history, and credit. They must follow two key federal laws:
- Fair Housing Act: No decisions based on race, color, religion, sex, national origin, familial status, or disability. Blanket bans on applicants with any criminal record can violate the Act because of their disproportionate impact, according to HUD guidance.
- Fair Credit Reporting Act (FCRA): A landlord who denies an application, requires a co-signer, or charges a higher deposit based on a credit or background report must give the applicant an adverse action notice naming the reporting company and explaining the applicant's right to a free copy of the report and to dispute errors.
Many states and cities also limit application fees, restrict criminal history checks, or protect applicants who pay with housing vouchers.
Collecting Rent and Fees
A landlord can require rent on the date set in the lease and charge late fees if the lease allows them. Many states:
- Require a grace period before a late fee applies
- Cap late fees at a percentage of rent or a "reasonable" amount
- Limit fees for returned checks
- Regulate how partial payments affect eviction
Entering the Unit
Landlords can enter to make repairs, inspect, or show the unit to prospective tenants or buyers, but most states require reasonable notice (often 24 to 48 hours) and entry at reasonable times. Emergencies, such as a fire or major leak, are an exception. Using entry to harass a tenant is not allowed.
Enforcing Lease Rules
Landlords can enforce reasonable lease terms about pets, noise, occupancy limits, smoking, and maintenance. When a tenant violates a material term, the landlord typically must first give written notice and, in many states, a chance to fix the problem (a "cure or quit" notice) before filing for eviction.
Handling the Security Deposit
| Landlords may | Landlords may not |
|---|---|
| Collect a deposit up to any state limit | Charge more than the state cap |
| Deduct unpaid rent and damage beyond normal wear and tear | Deduct for ordinary wear, such as minor scuffs or faded paint |
| Keep reasonable cleaning costs where state law allows | Miss the state's return deadline |
| Provide an itemized statement of deductions | Keep the deposit without explanation |
Raising Rent and Ending a Tenancy
- Fixed-term lease: Rent generally cannot rise mid-term unless the lease allows it. The landlord may choose not to renew at the end of the term, unless a "just cause" law applies.
- Month-to-month: The landlord can raise rent or end the tenancy with written notice — often 30 days, but longer in some states and for long-term tenants.
- Rent control and just cause: Some states and cities cap annual rent increases and require a legally recognized reason, such as nonpayment or owner move-in, to end a tenancy.
Repairs: The Landlord's Duty
Along with rights come obligations. Landlords must keep the unit habitable, comply with housing codes, make repairs within a reasonable time after notice, and follow lead paint disclosure rules for housing built before 1978.
What Landlords Cannot Do
- Discriminate in renting, terms, or services
- Retaliate against tenants who request repairs or report code violations
- Use self-help eviction: lockouts, utility shutoffs, or removing belongings
- Enter repeatedly or without notice to harass a tenant
- Enforce lease clauses that waive tenants' legal rights
Evicting a Tenant Lawfully
To remove a tenant, the landlord must serve the correct written notice, file an eviction lawsuit, win a judgment, and have a sheriff or marshal carry out the court's order. Skipping steps can result in dismissal of the case and liability for damages.
