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State & Local Rental Regulations Guide Last updated: 1/15/2025
6 min read
State Law Regulations Compliance Local Law Requirements
Why State Laws Matter Federal laws (like SCRA and Fair Housing Act) apply nationwide, but most landlord-tenant law is determined by states and localities . This includes:
Security deposit limits and return timelines
Required disclosures
Eviction procedures
Notice requirements
Habitability standards
Rent control (if applicable)
Bottom Line : You must know and comply with your state and local laws. "I didn't know" is not a defense.
Key Areas of State Regulation 1. Security Deposits Varies by State :
Maximum amount (0.5x to 3x monthly rent, or no limit)
Interest requirements (some states require paying interest)
Holding requirements (separate account in some states)
Return timeline (14-60 days)
Itemization requirements
Penalties for non-compliance (often 2-3x deposit)
California : Max 2 months' rent (unfurnished), 21-day returnTexas : No maximum, 30-day returnMassachusetts : 1 month max, separate interest-bearing account, 30-day returnFlorida : No maximum, 15-30 days depending on deductions Entry Notice (to enter occupied unit):
24 hours : Most common (CA, WA, many others)48 hours : IL, WIReasonable notice : Many states (typically 24-48 hours)Emergency : Immediate entry allowed in all states Lease Termination Notice :
Month-to-Month : 30-60 days notice typically requiredFixed Term : May auto-renew or convert to month-to-monthNotice to Vacate : 30-90 days for landlord-initiated
30 days : Most states60 days : CA (if increase > 10%), OR, others90 days : Some jurisdictionsVaries by amount : Larger increases may require longer notice Common Required Disclosures :
Lead-based paint (federal, pre-1978 buildings)
Mold presence or history
Bed bug history
Flooding or flood zone
Methamphetamine contamination
Sex offender registry information
Landlord/agent contact information
Utility costs or shared utilities
Late fees and charges
Move-in checklist rights
California : Demolition plans, proximity to former military ordnanceColorado : Radon gas disclosureFlorida : Homeowners association rulesTexas : Smoking policy, security device requirements 4. Habitability Standards All states require minimum habitable conditions:
Functioning heat in winter
Running hot and cold water
Working toilet and bath
Electricity
Safe structure
No health hazards
Secure locks
Air conditioning (required in some hot states)
Window screens (required in some states)
Smoke detectors (universal but specifics vary)
Carbon monoxide detectors (required in many states)
Strict State-by-State Rules :
Notice requirements (3-30 days typically)
Court procedures
Sheriff/marshal involvement
Tenant rights during process
Timeframes (weeks to months)
Self-Help Eviction Illegal Everywhere :
Cannot change locks
Cannot remove tenant possessions
Cannot shut off utilities
Must follow legal court process
Violations = severe penalties
California (some cities)
New York (NYC and some areas)
Oregon (statewide)
Washington DC
New Jersey (some cities)
Limits on rent increases
Just cause eviction requirements
Registration requirements
Strict compliance needed
State-Specific Highlights California Notable Requirements :
Max 2 months' deposit (unfurnished), 3 months (furnished)
21-day deposit return
30-day entry notice standard
Detailed disclosure requirements
Rent control in some cities
Just cause eviction (statewide)
Source of income protection
Resources :
CA Department of Consumer Affairs
Local rent boards (if rent controlled)
Florida Notable Requirements :
Deposit in separate account OR surety bond OR interest
15-30 day deposit return (depending on itemization)
Few disclosure requirements
No statewide rent control
Fast eviction process (3-day notice common)
Hurricane preparation requirements
Resources :
FL Statutes Chapter 83
Local housing authorities
Texas Notable Requirements :
No maximum security deposit
30-day deposit return
No entry notice requirement (but recommended)
Minimal disclosure requirements
Local Ordinances & City Laws Why Local Laws Matter Cities and counties can add requirements beyond state law:
Rental licensing
Inspection requirements
Additional disclosures
Rent control
Source of income protection
Higher minimum standards
Common Local Requirements Rental Licensing :
Annual license required
Application and fee
Property inspection
Background check of landlord
Examples: Baltimore, Denver, Milwaukee
Periodic Inspections :
City inspects rental properties
Every 1-3 years
Ensure habitability
Violations must be corrected
Good Landlord Programs :
Voluntary certification
Faster eviction process
Lower licensing fees
Tenant pre-screening tools
Examples: Seattle, Portland
Finding Local Requirements Check With :
City housing department
County clerk's office
Local landlord association
Military-Specific State Protections States with Military Protections Some states extend protections beyond federal SCRA:
California :
National Guard activated = SCRA protection
Additional protections for families
Virginia :
Strong SCRA enforcement
Military clause encouraged
Base housing office partnerships
Texas :
National Guard protections
Military family support services
Washington :
Active duty protection expansion
National Guard covered
Source of Income Protection States/Cities Prohibiting Discrimination Based on Income Source :
California (statewide)
Connecticut (statewide)
Oregon (statewide)
New York City
Washington DC
Many other cities
What This Means :
Must accept BAH as income
Cannot refuse based on military pay
Can still apply income ratio requirements
Required Disclosures by State Federal Requirements (All States) Lead-Based Paint (pre-1978 properties):
Disclosure pamphlet required
Lead paint disclosure form
10-day testing opportunity
Violations: $11,000+ per violation
Common State Disclosures Mold :
CA, TX: Mold guidelines must be provided
Many states: Known mold must be disclosed
Some states: Mold history disclosure
Bed Bugs :
AZ, ME, OR, others: Bed bug history
NYC: Annual bed bug disclosure
Many states: Known infestation disclosure
Flooding :
CA, OR, TX, others: Flood zone disclosure
Flood history disclosure
Insurance availability
Methamphetamine :
CO, IA, OR, WA: Meth lab disclosure
Contamination levels
Remediation status
Shared Utilities :
CA, NY, others: Must disclose
Billing method
Estimated costs
Staying Compliant Research Requirements Check State Laws Review your state's landlord-tenant act. Most states have this compiled in one statute section.
Check Local Ordinances Contact city/county housing department. Search city website for rental ordinances.
Join Landlord Association Local apartment associations provide state-specific forms, updates, and training.
Consult Attorney Have real estate attorney review your lease. Get legal advice for your specific situation.
Stay Updated Laws change. Subscribe to updates from landlord associations and housing departments.
Compliance Checklist
[ ] Know maximum security deposit for your state
[ ] Know deposit return timeline
[ ] Include all required disclosures
[ ] Follow proper entry notice requirements
[ ] Use state-compliant lease (or attorney-reviewed)
[ ] Register with city (if required)
[ ] Obtain rental license (if required)
[ ] Schedule inspections (if required)
[ ] Know eviction procedures
Resources for State Laws Official State Resources State Government :
State housing department
Attorney general's office (consumer protection)
State legislature website (statutes)
State-Specific Guides :
Nolo's state-specific landlord guides
State bar association resources
State realtor association
Local Resources City/County :
Housing department
Code enforcement
Clerk's office (ordinances)
Business licensing
Organizations :
Local apartment association
Property management association
Landlord associations
Fair housing organizations
Professional Help When to Consult Attorney :
Creating or reviewing lease
Complex eviction
Discrimination claim
Major property dispute
Local ordinance questions
When to Consult Accountant :
Key Takeaways
State Laws Vary Widely : What's legal in one state may be illegal in anotherLocal Laws Add Requirements : Cities can be more restrictive than statesResearch is Essential : Know your state and local requirements before rentingDisclosure is Critical : When in doubt, discloseDocumentation Protects You : Keep records of complianceStay Updated : Laws change - subscribe to updatesGet Professional Help : Attorney and accountant worth the investmentJoin Associations : Landlord groups provide invaluable resources Never Assume : Just because something works one place doesn't mean it's legal everywhere
Legal Disclaimer : This guide provides general information only. Laws change frequently. Always consult with a qualified real estate attorney in your state for specific legal advice.
No rent control (prohibited by law)
3-day pay or quit notices
Very landlord-friendly
TX Property Code Chapter 92
Texas Apartment Association
Max 1 month deposit
14-30 day deposit return
Rent stabilization (NYC)
Must provide receipt for over $250
Security deposit in interest-bearing account
Just cause eviction in many areas
Detailed disclosure requirements
NYS Division of Housing
NYC Rent Guidelines Board (if applicable)
Max 2 months' deposit
30-45 day deposit return (depending on circumstances)
24-hour entry notice
Rental Assistance Pilot Program disclosures
5-day pay or quit notice (non-payment)
Military-heavy state (many bases)
VA Residential Landlord and Tenant Act
Local housing authorities
City website (ordinances)
Attorney familiar with area
May affect Section 8 acceptance Military Housing Office Relationships Some localities encourage or require:
Registration with base housing office
Participation in off-base housing referrals
Inspection by housing office
Dispute resolution through base
CA, ME, OR: Must disclose smoking rules
Designated smoking areas
Penalties for violations
[ ] Understand rent control (if applicable)
[ ] Post required notices (smoke detectors, emergency contacts, etc.)
[ ] Maintain habitability standards
Tax implications
1099 reporting
Depreciation questions
Business entity setup