Summary. Owning a rental property is a regulated business, and the regulations are local, unforgiving, and largely invisible until something goes wrong. This guide covers the relationship from screening through possession: the fair housing rules governing advertising and selection, including source-of-income and criminal-history restrictions many landlords have never heard of; the lease and the provisions void by statute in most states; security deposits, where penalties frequently exceed the deposit; the implied warranty of habitability and tenant remedies; and entry, retaliation, and the eviction process including the self-help prohibition.

A landlord owns four rental houses. A tenant stops paying rent in March. In May, after two months of unanswered calls, the landlord changes the locks while the tenant is at work and puts the tenant's belongings on the porch.

The unpaid rent is $3,400. What follows is not a collection action.

The tenant sues. In most states the landlord faces: statutory damages for unlawful ouster, frequently set at a multiple of the monthly rent or a fixed statutory amount per violation; actual damages for the property damaged or lost on the porch; conversion of the belongings; the tenant's attorney's fees, which the statute awards and which exceed the rent by an order of magnitude; and, in several states, treble damages.

The landlord also loses the eviction, because a court will not award possession to a landlord who took it unlawfully, and must start the process over.

The $3,400 rent claim becomes a $40,000 exposure — entirely because the landlord did the one thing every state prohibits.

Residential landlord-tenant law is not complicated. It is a small number of rules, applied strictly, with fee-shifting attached.

Know which law applies

The layers, from broadest:

  • Federal — the Fair Housing Act, the ADA for common areas of covered properties, the lead-based paint disclosure rule, the FCRA for tenant screening reports, and the Servicemembers Civil Relief Act.
  • State — the landlord-tenant act, the security deposit statute, the habitability standard, the eviction procedure, and in many states a version of the Uniform Residential Landlord and Tenant Act.
  • Local — rent regulation, just-cause eviction ordinances, registration and licensing requirements, inspection regimes, source-of-income protections, and relocation assistance obligations.

The local layer is where most small landlords are caught. A city ordinance may require rental registration, an inspection before each new tenancy, a specific lease addendum, relocation payments on a no-fault termination, and a longer notice period than the state statute. None of it appears in a form lease purchased online.

Confirm before the first listing: whether the jurisdiction requires registration or a rental license; whether rent regulation applies to the unit; whether a just-cause eviction ordinance applies; whether source-of-income discrimination is prohibited; the security deposit cap and return deadline; and the notice periods for termination and for entry.

Exemptions vary. Some statutes exempt owner-occupied buildings with fewer than a stated number of units, single-family homes rented by an owner of a small number of properties, or short-term occupancies. Do not assume an exemption; verify it.

Screening and fair housing

The Fair Housing Act, 42 U.S.C. §§ 3601-3631, prohibits discrimination in the sale or rental of dwellings because of race, color, religion, sex (including sexual orientation and gender identity under HUD's interpretation following Bostock), familial status, national origin, and disability.

Its scope is broad: refusing to rent, setting different terms, discriminatory advertising, steering, misrepresenting availability, and — for disability — refusing a reasonable accommodation or a reasonable modification.

Exemptions are narrow and do not apply to § 3604(c)'s advertising prohibition: an owner of three or fewer single-family houses renting without a broker and without discriminatory advertising, and owner-occupied buildings with four or fewer units. Most small landlords who believe they are exempt are not, and none is exempt from the advertising rule.

State and local law adds protected classes that federal law does not: source of income (including housing choice vouchers, now protected in many states and cities), marital status, age, military or veteran status, student status, arrest or conviction record, immigration status, and status as a survivor of domestic violence.

Advertising. Describe the property, not the tenant. "Perfect for a single professional," "quiet building, not suitable for children," "ideal for a mature couple," and "English-speaking preferred" are all violations. "No Section 8" is a violation in every jurisdiction with source-of-income protection.

Screening criteria should be written, objective, applied uniformly, and applied in a consistent order:

  • Income relative to rent, using a stated multiple.
  • Credit history, with a defined threshold and a policy on what disqualifies.
  • Rental history and landlord references.
  • Employment verification.
  • Criminal history, subject to the constraints below.

Criminal history requires care. HUD guidance treats a blanket ban on applicants with any criminal record as producing an unjustified disparate impact on protected classes. A defensible policy: considers only convictions, not arrests; applies a time limit after which an offense is not considered; distinguishes offenses by nature and severity relative to the safety of residents and property; and provides an individualized assessment with an opportunity for the applicant to explain mitigating circumstances. Several states and cities go further, prohibiting inquiry before a conditional offer or limiting lookback periods by ordinance.

The FCRA applies to any screening report from a third party: obtain written authorization; provide a pre-adverse action notice with a copy of the report and the summary of rights; allow a reasonable period; and provide a final adverse action notice identifying the agency and stating that it did not make the decision and cannot give reasons. Small landlords skip this routinely and it is a per-violation exposure with fee-shifting.

Application fees are capped or regulated in a number of states, and several require a refund of the unused portion and an itemized receipt.

Disability accommodations must be considered at every stage:

  • Reasonable accommodation — a change in a rule, policy, practice, or service necessary to afford equal opportunity, such as waiving a no-pet policy for an assistance animal, permitting a live-in aide, assigning an accessible parking space, or accepting a co-signer.
  • Reasonable modification — a physical change to the premises, at the tenant's expense in private housing, which the landlord must permit; the landlord may require restoration on move-out in defined circumstances.
  • Assistance animals are not pets. No pet deposit, no pet rent, and no breed or weight restrictions. A landlord may request reliable documentation of a disability-related need where the disability and the need are not readily apparent, but may not demand medical records or a specific certification.
  • Documentation of a disability may not be requested where the disability is obvious.

The lease

A written lease is essential, even for a month-to-month tenancy, and the terms that matter most are frequently omitted.

Core terms: the parties (every adult occupant as a tenant, jointly and severally liable); the premises with unit number and any included parking or storage; the term and whether it converts to month-to-month; rent, due date, grace period, and late fee; the security deposit; utilities and who pays each; occupancy limits consistent with the jurisdiction's standard; pets and the terms; and maintenance responsibilities.

Provisions that are void or restricted by statute in most states — including them can void the clause, void the lease, or create liability:

  • Waiver of the implied warranty of habitability.
  • Waiver of the right to a jury trial in many states.
  • Confession of judgment.
  • Waiver of notice requirements or of the right to a hearing.
  • Landlord exculpation from liability for negligence.
  • Tenant's agreement to pay the landlord's attorney's fees without reciprocity — many statutes make a one-way fee clause reciprocal by operation of law.
  • Automatic forfeiture or self-help repossession.
  • Non-refundable deposits, in states requiring all deposits to be refundable.
  • Liquidated damages exceeding actual harm, and late fees exceeding a statutory cap or a reasonable percentage.
  • Waiver of the right to organize a tenants' association.
  • Provisions penalizing a tenant for calling emergency services — prohibited by statute in a growing number of states in response to "crime-free" and nuisance ordinances.

Required disclosures, which vary but commonly include:

  • Lead-based paint, 42 U.S.C. § 4852d — for housing built before 1978: the EPA/HUD pamphlet, a disclosure of known lead hazards and available records, and a signed acknowledgment with a 10-day opportunity to inspect. Penalties are substantial and the disclosure is frequently omitted.
  • The owner or agent's name and address for service of process.
  • Security deposit location and terms, in states requiring it.
  • Mold, bedbug history, flood zone, methamphetamine contamination, radon, and demolition or conversion plans, depending on the state.
  • Rent regulation status and the tenant's rights under it.
  • Utility billing disclosures where the landlord submeters or allocates.
  • Domestic violence protections notice, in several states.

Move-in condition. Complete a written condition report with photographs, signed by both parties, at move-in. It is required by statute in several states, and it is the single most useful document in any later deposit dispute.

Security deposits

The most reliably litigated issue in residential tenancy, and the one with the most disproportionate penalties.

What the statutes regulate:

  • The maximum amount — frequently one or two months' rent, sometimes less, and several jurisdictions have reduced caps recently.
  • Where it is held — many states require a separate account, some require an escrow or trust account, and some require interest to be paid to the tenant annually or at termination.
  • Notice to the tenant of the institution and account, in several states.
  • The deadline for return after termination — commonly 14 to 45 days, and it is strict.
  • The itemized statement of deductions, which must accompany any amount withheld.
  • Permissible deductions — unpaid rent, damage beyond ordinary wear and tear, and cleaning to the condition at move-in, less normal wear.
  • The penalty for noncompliance — frequently two or three times the amount wrongfully withheld, plus attorney's fees, and in several states the penalty applies to a late return even if the deductions were justified.

Ordinary wear and tear is not damage. Faded paint, worn carpet in traffic areas, minor nail holes, and loose fixtures from ordinary use are the landlord's cost. Burns, pet stains, large holes, broken fixtures, and missing items are the tenant's.

The practical protocol:

  1. Move-in condition report with dated photographs of every room, signed.
  2. Move-out inspection, with the tenant invited to attend — required in several states, with notice.
  3. Dated photographs at move-out from the same angles.
  4. Itemized statement with each deduction described, the amount, and — where the statute requires — receipts or estimates.
  5. Send by the deadline to the tenant's forwarding address, or the last known address if none was provided, by a method that proves delivery.
  6. Return the balance with the statement.

Where the damage exceeds the deposit, the landlord may sue for the excess — but must still comply with the itemization and deadline requirements, and failure to do so can forfeit the claim in some states.

Habitability and repairs

The implied warranty of habitability exists in nearly every state, by statute or common law, and cannot be waived. It requires the landlord to maintain the premises in a condition fit for human habitation, which typically includes:

  • Weatherproofing and waterproof roof, walls, and windows.
  • Working plumbing, with hot and cold running water.
  • Working heating in season, and in a growing number of jurisdictions cooling as well.
  • Safe electrical systems.
  • Working sanitary facilities.
  • Structural soundness — floors, stairs, railings.
  • Freedom from infestation.
  • Compliance with applicable building and housing codes materially affecting health and safety.
  • Adequate trash receptacles.
  • Smoke and carbon monoxide detectors, which are separately mandated and separately penalized.

Tenant remedies for breach, which vary by state and each of which has procedural prerequisites the tenant must satisfy:

  • Repair and deduct — the tenant repairs and deducts the cost from rent, usually subject to a cap (often one month's rent or a stated amount), a notice requirement, and a reasonable time for the landlord to act.
  • Rent withholding — in some states the tenant may withhold; in others the tenant must deposit rent with the court or an escrow to preserve the defense.
  • Rent abatement — a reduction reflecting the diminished value of the premises.
  • Termination of the tenancy without liability.
  • Damages, including discomfort and annoyance in some states.
  • Injunctive relief compelling repairs.
  • Code enforcement complaints, which trigger inspections and can result in orders, fines, and — in serious cases — a receivership or a rent escrow administered by the court.

The landlord's repair protocol:

  • Provide multiple ways to report a problem, and log every report with date, time, and description.
  • Respond in writing, acknowledging the report and stating when it will be addressed.
  • Address emergencies immediately — no heat, no water, sewage, electrical hazard, no lock on an exterior door.
  • Document the repair with photographs and the invoice.
  • Do not condition a repair on payment of rent; the obligations are independent in most states.
  • Do not retaliate, discussed below.

Constructive eviction occurs where conditions are so bad that the tenant is effectively forced out. The tenant must generally give notice, allow a reasonable time to cure, and vacate — a tenant who stays has generally not been constructively evicted, though rent abatement remains available.

Entry, privacy, and retaliation

Entry. Nearly every statute requires advance written notice — commonly 24 to 48 hours — and entry at reasonable times, for defined purposes: repairs, inspection, showing to prospective tenants or purchasers, and emergencies. Emergencies require no notice.

A lease clause permitting entry at any time is void in most states. Entering without notice repeatedly can support claims for breach of the covenant of quiet enjoyment, invasion of privacy, and — in several states — statutory penalties.

Retaliation is prohibited in nearly every state, and most statutes create a presumption of retaliation where the landlord takes adverse action within a defined period — commonly six months to one year — after the tenant:

  • Complained to a code enforcement or health agency;
  • Complained to the landlord about a habitability issue;
  • Joined or organized a tenants' association;
  • Exercised a legal right, including repair and deduct or rent withholding; or
  • Testified or participated in a proceeding.

Adverse actions covered: eviction or termination, rent increase, service reduction, refusal to renew, and threats.

Rebutting the presumption requires a documented, independent, non-retaliatory reason that predates the protected activity — which is the same evidentiary structure as employment retaliation, and it fails for the same reason: no contemporaneous documentation.

Practical rule: if a tenant has complained within the presumption period, do not raise rent, do not decline renewal, and do not serve a notice to quit without counsel and without a documented independent basis.

Terminating the tenancy

Fixed-term lease. Ends on its stated date. In a jurisdiction without just-cause protection, the landlord need not renew — but should give the notice the lease or statute requires, and should confirm that no local ordinance requires cause or relocation assistance.

Month-to-month. Terminated by written notice, with the period set by statute — commonly 30 days, and increasingly 60 or 90 days for longer tenancies or in specified jurisdictions. Several states now require a longer period for tenancies exceeding one year.

Just-cause eviction ordinances, now in effect in a number of states and many cities, prohibit termination without an enumerated cause. Causes are typically divided into:

  • At-fault — nonpayment, material breach, nuisance, criminal activity, refusal to renew on similar terms, refusal of lawful entry.
  • No-fault — owner or family move-in, withdrawal from the rental market, demolition or substantial rehabilitation, government order.

No-fault causes typically require relocation assistance — often one to three months' rent — and frequently require a specified notice period and a right of first refusal if the unit returns to the market.

Notice for cause. The statute prescribes the form, content, and period:

  • Nonpayment — commonly a 3 to 14 day notice to pay or quit, with the exact amount owed and the period it covers. Overstating the amount can void the notice.
  • Curable breach — a notice to cure or quit, with a period to cure.
  • Incurable breach or nuisance — an unconditional notice to quit, in defined circumstances.

The notice must be exact. Wrong period, wrong amount, wrong parties, wrong service method, or a defect in the form invalidates it, and the landlord must start again. This is the most common reason evictions are dismissed.

Federal overlay for subsidized housing and covered properties: HUD program rules impose additional grounds, notice, and grievance requirements, and the CARES Act's 30-day notice requirement for covered properties — those with federally backed mortgages or participating in covered programs — has been held by several courts to remain in effect notwithstanding the expiration of the eviction moratorium. Confirm whether the property is covered before serving any notice.

Servicemembers. The Servicemembers Civil Relief Act, 50 U.S.C. §§ 3931, 3951, requires a court order for eviction of a servicemember or dependents from premises below a rent threshold, permits a stay, and allows a servicemember to terminate a lease on receipt of qualifying orders. A default judgment against a servicemember requires an affidavit of military status.

The eviction process

Self-help is prohibited in every state. The landlord may not:

  • Change the locks;
  • Remove the tenant's belongings;
  • Shut off utilities;
  • Remove doors or windows;
  • Threaten or harass the tenant to induce departure.

Penalties are statutory, frequently a multiple of rent or a fixed amount per violation, plus actual damages, conversion, emotional distress in some states, and attorney's fees. This is the single most expensive mistake a small landlord can make, and it is made constantly out of frustration.

The process, which is called unlawful detainer, forcible entry and detainer, summary process, or eviction depending on the state:

  1. Serve the correct notice, in the correct form, for the correct period, by the correct method, and keep proof.
  2. Wait the full period. Filing a day early is fatal.
  3. File the complaint in the correct court, with the lease, the notice, and the proof of service attached, naming every occupant.
  4. Serve the summons and complaint by the method the statute prescribes — frequently personal service with a posting-and-mailing alternative on a showing of diligence.
  5. The hearing, which in most states occurs within days or a few weeks. Bring: the lease, the notice and proof of service, the rent ledger, the condition report, photographs, communications, and any inspection or code records.
  6. Judgment for possession, and in most states for rent, damages, costs, and — where the lease or statute provides — fees.
  7. The writ of possession, executed by the sheriff or marshal after a statutory waiting period. Only a law enforcement officer removes the tenant.
  8. Personal property left behind — the statute prescribes storage, notice, and disposal procedures, and failure to follow them creates a conversion claim.

Common tenant defenses:

  • Defective notice — the most common and the most successful.
  • Improper service.
  • Breach of the warranty of habitability, raised as a defense and a counterclaim.
  • Retaliation.
  • Discrimination, including failure to accommodate.
  • Payment or tender of the rent, including partial acceptance — accepting rent after serving a notice can waive the notice in many states.
  • Waiver by a course of conduct accepting late payment.
  • Failure to comply with a registration, licensing, or inspection requirement — in several jurisdictions an unlicensed landlord cannot maintain an eviction or collect rent.
  • Rent regulation violations.
  • Servicemember status.
  • Bankruptcy — the automatic stay halts the eviction, subject to a limited exception in 11 U.S.C. § 362(b)(22) where a judgment for possession was obtained before the petition and the debtor does not cure.

Timeline. In an uncontested case, three to six weeks in efficient jurisdictions and two to four months in slower ones. Contested cases with counterclaims can run substantially longer.

Cost. Filing fees, service, and — for a landlord who is not self-represented — counsel. Many small landlords appear pro se in eviction court, which is permitted for individuals but not for entities in most states: an LLC that owns the property generally must appear through counsel, and a pro se filing by a member can be dismissed.

Abandonment, deposits at end of tenancy, and collection

Abandonment. Where a tenant appears to have left without notice, do not simply re-enter. Statutes prescribe a procedure: an objective determination based on defined indicia (rent unpaid, absence for a stated period, utilities disconnected, belongings removed), a written notice to the tenant's last known address, a waiting period, and only then re-entry — with a separate procedure for the tenant's remaining property.

Personal property left behind must be handled under the statute: inventory, storage for a prescribed period, written notice with a description and the cost of storage, and disposal or sale only after the period expires, with any proceeds accounted for. Discarding belongings is conversion.

Collecting a judgment for unpaid rent and damages is a separate exercise from obtaining possession, and small landlords frequently obtain a judgment and recover nothing. The realistic tools: garnishment of wages (subject to the federal cap of the lesser of 25 percent of disposable earnings or the amount above 30 times the federal minimum wage, and lower or unavailable in several states); bank levy; and reporting to a consumer reporting agency, which is subject to the FCRA's furnisher obligations including the duty to investigate disputes. Weigh the cost against the likelihood of recovery before pursuing.

Small claims court is available for security deposit disputes and for damage claims below the jurisdictional limit, is inexpensive, and does not require counsel — though entity representation rules vary.

Insurance, entity structure, and risk

Insurance the landlord needs:

  • Landlord policy (dwelling fire) covering the structure, loss of rents, and liability. A homeowner's policy does not cover a rented property and can be voided by the rental.
  • Liability limits proportionate to the exposure, with an umbrella policy above them.
  • Loss of rents coverage.
  • A requirement that the tenant carry renter's insurance with the landlord named as an additional interest, which is enforceable in most states and is worth including.
  • Flood coverage where applicable, which the standard policy excludes.

Entity structure. Holding rental property in an LLC limits personal liability for premises claims, and the analysis in the entity guidance elsewhere in this library applies: separate bank accounts, no commingling, adequate insurance, and proper signature blocks. Note that the LLC must appear through counsel in most eviction courts, and that transferring an existing property into an LLC can trigger a due-on-sale clause and a title insurance issue.

Practical risk controls:

  • Written condition reports at move-in and move-out, with photographs.
  • A maintenance log for every reported issue and every repair.
  • Smoke and CO detectors tested and documented at every turnover, with a signed tenant acknowledgment — this is the most common source of catastrophic liability.
  • Handrails, stairs, walkways, and lighting inspected regularly.
  • Pool, deck, and fireplace compliance with local codes.
  • Lead-based paint disclosure for pre-1978 housing, and the EPA's Renovation, Repair and Painting rule requiring a certified firm for work disturbing painted surfaces in such housing.
  • Contractor insurance certificates before any work.

A worked example

A landlord with six units rebuilds her practices after losing a security deposit case.

Screening. Written criteria posted and applied in order: income at three times rent, no eviction judgment in five years, satisfactory references, and a criminal history policy considering only convictions within seven years with an individualized assessment. She adds the FCRA sequence — authorization, pre-adverse notice with the report and summary of rights, a five-day window, and a final notice. She removes "no Section 8" from her listings after learning the state prohibits source-of-income discrimination.

Lease. She replaces her online form with one reviewed against the state statute, removing a habitability waiver, a jury waiver, a non-refundable cleaning fee (void in her state), and a one-way fee clause. She adds the required disclosures, including lead paint for her two pre-1978 houses, with the pamphlet and the 10-day inspection opportunity.

Deposits. She opens a separate escrow account, sends the statutory account notice within the required period, and adopts a move-in and move-out photo protocol with a signed condition report.

Maintenance. She sets up a dedicated email and phone line for repair requests, logs every one with a timestamp, acknowledges each in writing within 24 hours, and photographs each completed repair with the invoice attached.

A nonpayment. A tenant falls two months behind. She serves a statutory pay-or-quit notice stating the exact amount and period, by the prescribed method, and keeps the proof. She does not accept a partial payment during the notice period without a written agreement preserving the notice, because acceptance would waive it in her state. When the period expires she files, appears with the lease, the ledger, the notice, and the proof of service, and obtains a judgment for possession and rent. The sheriff executes the writ.

Result. Possession in five weeks, a judgment she can pursue, and no exposure. The prior version of the same situation — changing the locks — would have cost her more than a year's rent on the unit.

Frequently asked questions

Can I keep the deposit if the tenant left the place dirty? Only for cleaning beyond ordinary wear and tear, itemized, within the statutory deadline. A late or unitemized return frequently forfeits the deductions and triggers multiple damages.

The tenant stopped paying. Can I change the locks? No. Self-help is prohibited in every state and is the most expensive mistake available.

Do I have to accept a housing voucher? In a growing number of states and cities, yes — source-of-income discrimination is prohibited. Check the local ordinance.

Can I refuse an applicant with a criminal record? Only under a policy that considers convictions rather than arrests, applies a time limit, relates the offense to safety, and permits an individualized assessment. A blanket ban invites a disparate impact claim.

Do I have to allow a pet if the tenant says it is an emotional support animal? An assistance animal is not a pet. You may request reliable documentation of a disability-related need where neither is apparent, and you may not charge a pet deposit or apply breed or weight limits.

How much notice do I need to enter? Whatever the statute requires — commonly 24 to 48 hours in writing, at reasonable times, except in an emergency. A lease clause permitting entry at will is void in most states.

The tenant complained to the housing inspector and now I want to sell. Can I evict? A presumption of retaliation likely applies. Do not act without counsel and without a documented independent reason predating the complaint.

Can I evict without a lawyer? An individual generally may appear pro se. An LLC or corporation generally may not, and a pro se filing on the entity's behalf can be dismissed.

Conclusion

Residential tenancy is a business with a low margin for procedural error. The statutes prescribe exact notices, exact deadlines, and exact itemizations, and they attach fee-shifting to the tenant's side of nearly every one.

Three practices eliminate most exposure. Write everything down — condition reports with photographs, maintenance logs, and every communication — because the landlord who documents wins the disputes that are otherwise credibility contests. Follow the notice statute exactly, because a defective notice is the most common reason evictions fail. And never take possession yourself, because the one afternoon of frustration that produces a lock change costs more than any tenant will ever owe.

Everything else — screening criteria, lease terms, deposit handling — is a checklist that can be built once and used for every tenancy.

Roommates, subletting, and mid-tenancy changes

Situations that arise constantly and that most leases handle badly.

Joint and several liability. Where multiple adults sign, each should be liable for the entire rent, not a share. Without that language, a landlord whose tenant's roommate leaves may find itself with a claim for half the rent against a person who cannot pay it.

One roommate leaves. The lease continues as to the remaining tenants. The departing tenant remains liable unless released in writing. A landlord asked to substitute a new roommate should treat the newcomer as a new applicant — screened, approved, and added by a written amendment signed by everyone — rather than by informal consent, which creates ambiguity about who is liable and who may be evicted.

Subletting and assignment. Prohibit without written consent, and state whether consent may be withheld unreasonably. Note that several jurisdictions require consent not to be unreasonably withheld by statute, and a few — New York most prominently — give tenants an affirmative statutory right to sublet subject to procedure. Distinguish a sublease (the original tenant remains liable and the subtenant has no direct relationship with the landlord) from an assignment (the assignee steps in), because the remedies differ.

Short-term rental platforms. A tenant listing the unit is usually both a breach of the lease and a violation of a local ordinance, and it can void the landlord's insurance. Address it expressly: prohibit transient occupancy, define it, and make it a material breach.

Occupancy limits. Base them on a lawful standard — typically the local housing code or HUD's general two-persons-per-bedroom guidance applied flexibly — rather than on a number chosen by the landlord. An occupancy limit that operates to exclude families with children is familial status discrimination.

Adding an occupant. Distinguish a new tenant (screened and added to the lease), an occupant who is not a lease party, and a guest. Define a guest by duration, and state when a guest becomes an occupant requiring approval — this is the provision that resolves the most common mid-tenancy dispute.

Death of a tenant. The tenancy generally passes to the estate, and the landlord deals with the personal representative. Do not remove belongings; follow the abandoned property statute and, where an estate exists, obtain a release from the representative.

Domestic violence. A growing number of states permit a survivor to terminate a lease early on documentation, require the landlord to change the locks on request, prohibit eviction based on the tenant's status as a survivor or on calls for emergency assistance, and in some cases permit bifurcation of the tenancy to remove the perpetrator while the survivor remains. Federal protections apply to covered housing programs under the Violence Against Women Act. These provisions override contrary lease terms, and a landlord unaware of them can create serious liability.

Sale of the property. The tenancy generally survives the sale, and the buyer takes subject to the lease. Security deposits must be transferred or credited at closing, with the buyer assuming the obligation, and several states require written notice to tenants identifying the new owner and the deposit's location.

Related articles

This guide is provided for general informational purposes and does not constitute legal advice. Landlord-tenant law is state and local, notice periods and deposit rules vary substantially, and just-cause and rent regulation ordinances change frequently. Consult qualified counsel in the property's jurisdiction before serving a notice or withholding a deposit.