Navigating Landlord-Tenant Law: A Guide for U.S. Homeowners

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Renting out a room in your home or apartment can be a lucrative way to earn extra income. It also comes with risks and responsibilities. A solid understanding of landlord-tenant law helps you manage those risks. As a landlord, you should know what your rights and obligations are; these can help you navigate a smoother and safer rental experience that is more profitable.

This guide outlines landlord-tenant law and housing standards in the U.S., covering the federal standards and best practices that apply broadly.

What Is Landlord-Tenant Law?

Landlord-tenant law regulates the legal relationship between landlords (property owners) and the people who rent property (tenants). It outlines the rights and responsibilities of both parties, including components like paying rent, maintaining a property, managing disputes, and ending leases.

These laws apply to:

• Long-term rentals, which include apartments, houses, condos, and single-family homes.
• Rooms that are rented in owner-occupied homes
• Lease agreements (written and verbal agreements)

In short, landlord-tenant law applies to any residential unit that is rented, regardless of the type of property. All landlords of residential properties must comply with the laws. In addition, having an understanding of these laws empowers you to protect your property and reduces your liability. Complying makes it easier to build good relationships with your tenant or roommates.

The Uniform Residential Landlord and Tenant Act (URLTA)

The Uniform Residential Landlord and Tenant Act was created to standardize rental laws across states. While it hasn't been adopted nationwide, many states use parts of it into their own statutes. URLTA covers rights and responsibilities, including:

• Providing safe, habitable housing
• Doing the necessary repair work
• Maintaining common areas
• Respecting the tenant's privacy
• Handling the security deposit properly
• Formal processes for eviction

Under the Act, a landlord must maintain their properties and ensure that essential services like plumbing are in good working condition. When a landlord makes repairs, they must be thorough and efficient to meet legal obligations.

Building codes require landlords to maintain buildings in safe and habitable conditions, including running services like garbage removal where applicable. Landlords should conduct regular inspections to identify and address health hazards in the spirit of creating a healthy living environment for tenants.

Even if your state hasn't adopted URLTA, its principles reflect industry standards that landlords are generally expected to follow.

The Fair Housing Act

The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on a tenant's:

• Race
• Religion
• National origin
• Sex
• Disability
• Familial status (e.g., having children)

For homeowners who are renting out rooms in a shared space, there are some exemptions. But in general, if you advertise publicly (e.g., on SpareRoom), you must comply with these rules. That means you can't post discriminatory language in your listing or refuse a prospective tenant based on the protected categories listed above.

Following FHA guidelines shows you are compliant and respectful, and that you want to create an inclusive and mutually respectful living environment.

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Leases and Rental Agreements

A sound lease agreement is your first line of protection as a landlord. Even if you're renting out a spare room in the property you live in, you should have a clear, written rental agreement. It should include details such as:

• The rental amount, rent inclusions, and due date for payment
• Security deposit details
• Late fees and a grace period to pay rent
• Procedures for handling unpaid or late rent. As a landlord, you're entitled to deduct unpaid rent from the security deposit, if you follow legal requirements for documentation and notification.
• The duration of the lease (month-to-month or fixed term)
• House rules (e.g., guest policies, noise limits)
• Maintenance responsibilities
• Process for ending the tenancy

The rental agreement should specify how and when the tenant or roommate is to pay rent, including acceptable forms of money (such as checks or electronic transfers). It should also clarify the difference between a security deposit and a damage deposit.

Customized lease templates for homeowners can be found through legal aid organizations or landlord associations. Avoid relying on generic downloads; ensure your lease complies with local and state laws.

Screening Tenants: The Landlord's Obligations

You can screen applicants, but you must do it fairly.

The types of screenings you are permitted to perform includes:

• Background checks
• Credit reports
• Employment/income verification
• References from past landlords

At the same time, you've got to be careful not to violate Fair Housing Laws. In other words, you must apply the same screening criteria to every potential tenant.

SpareRoom's platform includes tools to help verify user profiles and reduce your risk.

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Understanding Tenants' Rights and Responsibilities

A tenant is also responsible for maintaining a positive landlord-tenant relationship. One of their responsibilities is to pay their rent on time and in accordance with the rental agreement. This agreement, whether written or verbal, outlines the terms of tenancy and sets expectations for both parties. Tenants are also expected to keep the rental units clean and avoid causing damage beyond normal wear. They are expected to report any repairs needed to their rental unit promptly.

Local and state laws, such as California's Tenant Protection Act, provide additional protections for residential tenants. The laws impose limits on rental increases and the requirements for just cause before a landlord can evict a tenant after a certain period. If you're a landlord in California, SpareRoom can help you find roommates in Los Angeles.

What this Means for Roommates

If you're a homeowner renting and living with roommates in Los Angeles, Atlanta, Austin or anywhere else in the US it's important to understand that the moment you rent out a room, you enter a landlord-tenant relationship, even if you're sharing the same home. That comes with legal responsibilities and boundaries that apply just as much in shared housing as in separate rental units.

When you're a homeowner or leaseholder renting out rooms, you need to respect your roommates' legal rights. This means honoring the terms of the rental agreement, avoiding informal “house rules” that conflict with state law, and understanding that collecting rent comes with certain legal obligations, even if you're renting out a spare bedroom.

Landlord Tenant Relationships

A successful landlord-tenant relationship is built on a well-drafted lease agreement. The lease agreement sets out the terms for the relationship. A landlord is required by law to provide a safe and livable residential environment, address maintenance issues efficiently, and respect tenants' rights to privacy.

A tenant must pay rent on time, look after the property, and comply with the lease terms. In states like Texas, the landlord-tenant relationship is governed by state statutes and local ordinances. For example, if a tenant fails to pay rent or violates the lease. In that case, the landlord must follow the state process for eviction (which includes providing proper notice) and, if necessary, seek a court order.

If you're a landlord, SpareRoom can help you find roommates in Dallas, Austin, or anywhere else in the US.

Rent and Payment Terms

Rent and payment terms form the heart of every rental agreement. In most situations, a tenant must pay rent on a set date each month. A landlord may accept different payment methods, and may also include late fees, so landlords and tenants should agree on the preferred payment method and note it in the rental agreement.

If a landlord fails to make any repairs to the rental unit, a residential tenant may have the right to withhold rent. Do this reasonably and comply with the rental agreement and applicable laws. For example, some states require a tenant to provide written notice and allow the landlord a reasonable time to address the issue before withholding rent. In California, the Tenant Protection Act (AB 1482) limits the amount that rent can be increased by. It also provides additional protections for residential tenants, such as just-cause eviction requirements.

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Repairs and Maintenance

A landlord is legally required to maintain the property in a safe and habitable condition. This includes taking responsibility for plumbing, heating, and electrical systems by keeping them in working order.

When repairs are needed, the landlord should be notified in writing, with the tenant describing the problem and requesting that it be fixed. Most local and state laws mandate landlords to respond within a reasonable time frame. In Texas, for example, landlords need to provide written notice before they enter a rental unit to conduct inspections or make repairs, unless it's an emergency.

If a landlord fails to do the repair work after receiving the notice you send, tenant law protects your rights. Some of the remedies available include withholding, repairing the problems themselves, and deducting the cost of the repair from their rent, or contacting code enforcement or local community affairs agencies.

State-Specific Laws and Regulations

A combination of federal, state, and local laws governs landlord-tenant relationships. While this guide is intended to cover the general principles of landlord-tenant law, property owners should research and abide by the specific laws that apply to their state and city.

In Florida, for example, a landlord must submit a written notice before they can increase rent or end a rental agreement. The laws are specific about how much notice should be given. If you're a landlord in Florida, SpareRoom can help you find roommates in Miami and other popular cities.

In Texas, the Texas Property Code covers the process of eviction, written notices, and court-ordered eviction, which you must follow before you can evict a tenant. In all states, a residential landlord must comply with the rules about security deposits, late rental payments, and repairs and maintenance.

It's important to consult local laws as they may introduce extra requirements, like rent control ordinances and tenant protections in certain cities. Landlords should review their rental agreement carefully and consult their local resources for guidance specific to their area.

Keeping your knowledge up to date about local and state housing laws will ensure you meet your responsibilities as a landlord and enable you to access the appropriate legal procedures if disputes come up.

Ending a Tenancy

If you need to end a tenancy, at the end of a lease, or because of issues, you must follow the correct legal procedures that protect tenants' rights.

Evictions must follow a formal process. Remember: a landlord cannot evict a tenant without a court order. Depending on the state you live in, the formal eviction process could include one or more of the following:

• A written notice (30 days is standard for month-to-month agreements)
• Eviction proceedings if the tenant refuses to leave
• Requirement for the tenant to leave the premises if ordered by the court
• Returning the security deposit within a certain timeframe

Remember: there's a difference between eviction, which is legal, and informal removal, which is illegal. Landlords can't change the locks or switch utilities off to force someone out; these are illegal. If eviction is your only option, you should consult with a lawyer before you take action.

Restrictions on Landlords

A landlord must abide by the laws that protect tenants' rights and access to private personal property. Some of the restrictions imposed on landlords include:

1. Entry: You must provide written notice before entering the tenant's room or rental unit. This is typically 24 hours, except in emergencies.
2. Retaliation: You cannot retaliate against tenants for exercising legal rights, like requesting repairs or reporting code violations.
3. Discrimination: Even accidental violations of the Fair Housing Act can result in fines or lawsuits.
4. Necessary Repairs: You must keep the property in a livable condition and action repair requests in a reasonable time period. Ignoring maintenance requests can result in rent being withheld or the tenant taking legal action.

These rules are part of the landlord's obligations to ensure habitability and maintain proper access to the premises during tenancy (these are commonly referred to as the landlord's obligations under landlord-tenant law).

A tenant can be evicted for specific reasons, such as:

• Nonpayment of rent
• Violating the terms of the lease
• Engaging in criminal activity on the premises

Residential landlords cannot charge tenants for property repairs that occur due to normal wear. Only damages beyond routine use justify deductions from the security deposit or legal action.

Final Thoughts: Renting Made Safer with SpareRoom

Renting out a room or rental unit can be rewarding when it's done in compliance with the relevant laws and lease terms. By understanding and exercising the basics of landlord-tenant law, you can protect your home and find the right person to share your space.

SpareRoom is here to help. Our platform connects you with verified renters and provides tools that promote transparency and trust. For more information, check out our guides on landlord-tenant law for tenants and how to find a tenant.

Disclaimer - This information is for general informational purposes only and should not be treated as legal advice. We recommend you consult an experienced Landlord Tenant attorney if you require legal advice.

References and Further Reading

• U.S. Department of Housing and Urban Development (HUD). Fair Housing Act.
• Legal Information Institute (Cornell Law School). Landlord-Tenant Law.
• U.S. Department of Justice. Service Animals.
• Nolo. What Landlords Can and Cannot Do.
• National Housing Law Project. Retaliation in Housing.
• American Bar Association. Landlord-Tenant Rights.
• U.S. Department of Housing and Urban Development. Tenant Rights, Laws and Protections.
• Nolo. Security Deposit Laws by State.
• National Multifamily Housing Council. Rental Housing Regulations.
• U.S. Courts. Eviction and Housing Court Process.