Legal Compliance for Property Managers and Landlords
Every landlord must follow fair housing, lead paint disclosure, credit report notice, and servicemember rules, plus state and local rules for each property.
Four sets of federal rules apply to most U.S. rentals: the Fair Housing Act, including its advertising ban and its duty to grant reasonable accommodations such as assistance animals; lead-based paint disclosure for housing built before 1978; Fair Credit Reporting Act notices when a screening report affects your decision; and the Servicemembers Civil Relief Act. Most other rules, including deposit limits, entry notice, repair duties, rent caps, rental registration, and eviction steps, are set by your state and city, so you need to look them up for each property.
Fair Housing Act: who you rent to and how you advertise
You cannot refuse to rent, set different terms, or claim a unit is unavailable because of race, color, religion, sex, familial status (households with children), national origin, or disability. Two narrow Fair Housing Act exemptions exist: an owner-occupied building with 4 or fewer units, and a single-family home rented by a private individual who owns no more than 3 such homes, without a broker or agent. These exemptions also cover the accommodation duty below, but even exempt owners are bound by the advertising ban and the separate federal ban on racial discrimination in rentals under 42 U.S.C. 1982. State law may still apply.
The advertising ban covers any listing, sign, or statement that indicates a preference or limitation based on those traits. Describe the unit, the rent, and your written screening criteria, not the tenant you want. HUD withdrew its 2024 guidance on advertising through digital platforms in September 2025, but the ban itself is in the statute and still applies to online listings.
State and local laws can add protected groups. California and Washington both bar discrimination based on a tenant's source of income, which includes housing vouchers. Check your state civil rights agency's list before you write screening criteria.
Reasonable accommodations and assistance animals
The Fair Housing Act requires you to make reasonable changes to your rules, policies, and services when a person with a disability needs them to use and enjoy the home. You must also allow reasonable physical modifications at the tenant's expense, and, where it is reasonable, you can require the tenant to restore the interior at move-out, minus normal wear and tear.
A request to keep an assistance animal despite a no-pets policy is handled the same way. Under the 2004 HUD and Justice Department joint statement on reasonable accommodations:
- A request needs no special form or wording. A family member or someone else can make it for the tenant, and it counts even if the words "reasonable accommodation" are never used.
- If the disability and the need are obvious or already known, you may not ask for more information.
- If either is not obvious, you may ask only for the reliable information you lack: proof of the disability if it is not known, and how the animal relates to it if that need is not apparent. A doctor, another medical professional, a peer support group, a non-medical service agency, or another reliable third party can provide it. You may not ordinarily ask about the nature or severity of the disability, and medical records are usually not needed.
- You may not charge a pet fee or extra deposit. You may charge for damage the animal causes, if you charge all tenants for damage they cause.
- Respond promptly. An undue delay can count as a denial.
You may deny a request that would impose an undue financial and administrative burden or change the basic nature of your operations, or when reliable, objective evidence shows a specific animal poses a direct threat that another accommodation cannot eliminate or reduce. Put the reason in writing.
In September 2025, HUD withdrew its 2013 and 2020 notices on assistance animals. The statute and its accommodation duty did not change, and the 2004 joint statement was not on HUD's withdrawal list.
Lead-based paint disclosure
For housing built before 1978, EPA's disclosure rule requires you, before the tenant signs the lease, to:
- Give the tenant the EPA pamphlet Protect Your Family From Lead in Your Home.
- Disclose any lead-based paint or lead hazards you know about, and provide any records or reports you have, including building-wide reports for common areas.
- Include a Lead Warning Statement in or attached to the lease, confirming you have met these requirements. EPA's sample disclosure form works for this.
- Keep a signed copy for 3 years after the lease begins.
The rule does not apply to leases of 100 days or less with no renewal, or housing a certified inspector has found free of lead-based paint. Studios and other zero-bedroom units, as well as housing for older adults or people with disabilities, are exempt only if no child under 6 lives or is expected to live there. Repairs that disturb paint in older housing fall under a separate rule; building reliable vendor relationships covers lead-safe contractor requirements.
Screening notices under the Fair Credit Reporting Act
If you deny an applicant, require a co-signer, charge a larger deposit, or charge higher rent based even partly on a credit report or tenant screening report, the FTC says you must give an adverse action notice. It must include:
- The name, address, and phone number of the company that supplied the report.
- A statement that the company did not make the decision and cannot explain it.
- The applicant's right to dispute the report and to get a free copy by asking within 60 days.
- If you used a credit score, a written or electronic notice of the score, its source, the date it was created, the range of possible scores, and the key factors that hurt it, in order of importance.
Shred or securely delete reports when you no longer need them. The tenant screening process covers screening criteria and state fee limits.
Servicemember protections
The Servicemembers Civil Relief Act gives military tenants two protections you must honor:
- Lease termination. A tenant who signed the lease before entering service, or who receives orders for a permanent change of station or a deployment of at least 90 days, can end the lease with written notice and a copy of the orders. For a lease with monthly rent, termination takes effect 30 days after the next rent due date. You cannot charge an early termination fee, and you must refund prepaid rent for the period after termination within 30 days.
- Eviction. You need a court order to evict a servicemember or their dependents during military service from a home renting for $10,542.60 a month or less in 2026. If military service affects the tenant's ability to pay, the court can pause the case for 90 days or adjust the lease.
State and local rules to look up for each property
| Topic | What to look up | Examples |
|---|---|---|
| Security deposits | Cap, how it is held, return deadline | California caps most deposits at 1 month's rent and requires return within 21 days; see security deposit management |
| Entry | Notice period and hours | California presumes 24 hours' written notice is reasonable; Washington requires 2 days' written notice, or 1 day to show the unit, except in an emergency; see rental property inspections |
| Habitability and repairs | Required conditions and repair deadlines | After a tenant's written notice, Washington requires you to start repairs within 24 hours for loss of heat, water, or electricity or an imminent hazard to life, 72 hours for a broken refrigerator, stove, or major plumbing fixture you supply, and 10 days for other defects; see handling maintenance requests |
| Rent limits | Statewide or local caps and notice periods | California's Tenant Protection Act caps yearly increases on covered units at 5% plus inflation or 10%, whichever is lower; Washington caps them at 7% plus inflation or 10%, whichever is less, and bars increases in the first 12 months |
| Rental registration and inspections | City rental license, registration, or inspection certificate | Washington lets cities require a certificate of inspection as a business license condition, no more than once every 3 years |
| Eviction | Notice types, just-cause rules, court process | California requires just cause to end many tenancies in buildings of 2 or more units that are at least 15 years old; see the eviction process |
California's rent cap and just-cause rules exempt some properties, including units less than 15 years old and many single-family homes and condos not owned by a corporation or REIT, but a single-family home or condo is exempt only if you gave the tenant the required written notice of the exemption. Washington's cap has its own exemptions, and its Department of Commerce publishes the maximum allowed increase for each calendar year, so confirm whether your unit is covered in each state.
For each property, keep a file with the year built, the lead disclosure forms, your written screening criteria and adverse action notice template, a log of accommodation requests and your response dates, and the current text of the state and city rules above. Self-managing vs. hiring a property manager covers handing this work to a manager.
Sources
- 42 U.S.C. 3604 (discrimination in the sale or rental of housing) (Cornell Law School, Legal Information Institute)
- 42 U.S.C. 3603 (Fair Housing Act exemptions) (Cornell Law School, Legal Information Institute)
- 42 U.S.C. 1982 (equal property rights regardless of race) (Cornell Law School, Legal Information Institute)
- Joint Statement of HUD and the Department of Justice: Reasonable Accommodations under the Fair Housing Act (2004) (U.S. Department of Justice and U.S. Department of Housing and Urban Development)
- Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents (FR-6571-N-01, April 6, 2026) (U.S. Department of Housing and Urban Development (Federal Register))
- Real Estate Disclosures about Potential Lead Hazards (U.S. Environmental Protection Agency)
- Using Consumer Reports: What Landlords Need to Know (Federal Trade Commission)
- 50 U.S.C. 3955 (termination of residential leases by servicemembers) (Cornell Law School, Legal Information Institute)
- Notice of Publication of Housing Price Inflation Adjustment (2026 SCRA rent threshold) (U.S. Department of Defense (Federal Register))
- California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities (2026 edition) (California Department of Real Estate)
- Chapter 59.18 RCW, Residential Landlord-Tenant Act (Washington State Legislature)
Financial Disclaimer: Tellus provides this content for informational purposes only. This is not financial advice. Financial returns and mortgage terms vary based on individual circumstances and market conditions. Consult a qualified financial advisor before making financial or borrowing decisions.
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