What Laws Should You Comply With as a Landlord?

Every landlord answers to three layers of law at once. Federal law bars housing discrimination and requires a lead-paint disclosure for housing built before 1978. State landlord-tenant law sets the rules for repairs, security deposits, entry, and eviction. Local law adds building and housing codes, rental licensing, and in some places limits on rent increases. When two layers set different rules on the same issue, check whether state law overrides the local rule before following the stricter requirement. Florida, for example, supersedes local rules on matters covered by its residential landlord-tenant law, including deposits, screening, lease terms, and notices.

Federal law: fair housing and lead paint

Fair housing. The federal Fair Housing Act makes it illegal to refuse to rent, set different terms, or say a unit is unavailable because of race, color, religion, sex, disability, familial status (having children under 18), or national origin. It also bars any ad or statement that shows a preference based on those traits, so "adults only" or "perfect for a single professional" in a listing can break the law. Tenants with disabilities have the right to reasonable changes to your rules and, at their own expense, reasonable modifications to the unit.

Two small-landlord exemptions exist: an owner who lives in a building with four or fewer units, and a private individual owner of no more than three single-family homes who rents without a broker or agent. Neither exemption covers discriminatory advertising. State and city fair housing laws have their own exemptions and protected groups, so check yours before relying on a federal exemption. What counts as unlawful discrimination in a rental application covers screening in detail.

Lead paint. If the building was built before 1978, complete the EPA-required lead disclosure before the tenant signs the lease. Disclose any lead-based paint or lead hazards you know about, provide all available lead records and reports, give the tenant the "Protect Your Family From Lead in Your Home" pamphlet, and include a Lead Warning Statement in the lease. For multi-unit buildings, include records and reports for common areas and other units from building-wide evaluations. Keep the signed disclosure for three years. Leases of 100 days or less with no renewal option and housing tested lead-free by a certified inspector are among the exemptions.

State law: repairs, deposits, entry, and eviction

State statutes do most of the work in a landlord-tenant relationship, and the numbers vary widely. Florida's statute shows the kind of rules every state sets:

Florida, like other states, makes the court process the only lawful way to remove a tenant. It bars a landlord from shutting off utilities, changing the locks, removing doors or windows, or removing the tenant's belongings to force a tenant out, and a landlord who does is liable for actual damages or 3 months' rent, whichever is greater, plus the tenant's attorney's fees. The steps for eviction proceedings walk through the court process.

Your general responsibilities: habitability and safe premises

State law requires you to keep the unit fit to live in, a duty called habitability. The exact list differs by state; Florida's shows what one looks like. A Florida landlord must comply with applicable building, housing, and health codes or, where no code applies, keep the roof, windows, and other structural parts in good repair and the plumbing in reasonable working condition. In buildings other than a single-family home or duplex, the landlord must also provide, unless the lease says otherwise:

• Extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs
• Locks and keys
• Clean and safe common areas, such as hallways, stairs, and laundry rooms
• Garbage removal and outdoor garbage containers
• Working heat in winter, running water, and hot water

A Florida landlord of a single-family home or duplex must install working smoke detectors at the start of the tenancy, and the landlord and tenant can shift some repair duties for those properties in writing. How much maintenance and repair the law requires explains repair deadlines and what tenants can do when a landlord misses them.

Local law: codes, licenses, and rent rules

Cities and counties add rules that apply on top of state law:

• Housing codes and local health rules. Your city's housing or property maintenance code sets minimum building standards, and local rules can add specific duties. Philadelphia, for example, requires landlords to keep a bed bug control plan and to hire professional pest control within ten business days of a tenant's written complaint.
• Rental licensing or registration. Philadelphia, for example, requires a Rental License for each address and a named local managing agent, and requires you to give each new tenant a Certificate of Rental Suitability issued no more than 60 days before the lease starts. For a building from before March 1978, the city also wants lead certification and inspection reports filed with its health department.
• Rent increase limits. Some states and cities cap rent increases. California's statewide cap limits increases over any 12 months to 5% plus the change in the cost of living, or 10%, whichever is lower, through January 1, 2030. Housing with a certificate of occupancy issued within the past 15 years is exempt, and so are some single-family homes and condos not owned by a corporation or real estate investment trust, if the tenant receives the required written notice. A city rent control ordinance can set a lower limit.

How do you find the rules for your property?

1. Read your state's landlord-tenant statute. Search your state legislature's website for the landlord-tenant chapter (Florida's is Chapter 83, Part II). Note the deposit cap, deposit return deadline, entry notice, repair duties, and eviction notice periods.
2. Check a plain-language state guide. See whether your state attorney general or court system publishes a landlord-tenant handbook, and check its publication date, because statutes change.
3. Call your city or county. Ask the housing or code enforcement department whether you need a rental license, registration, or inspection, and whether any local rent, eviction, or fair housing ordinance applies.
4. Check federal rules once per property. Confirm the year built for lead disclosure, and review your ads and screening criteria against the Fair Housing Act.
5. Recheck every year. Keep a dated list of the rules that apply to each property and review it before each new lease.

If a rule is unclear or a tenant disputes how you applied it, talk to a landlord-tenant lawyer before you act. How to find and choose a landlord-tenant lawyer explains when you need one, and the basics of operating a household rental business shows where each of these rules fits into running a rental.