Landlord-Tenant Basics: Leases, Deposits, and Notices

Renting a home creates a relationship with clear rights and duties on both sides. The landlord provides a place to live and generally must keep it in livable condition. The tenant pays rent and follows the lease. Most of the practical questions, such as how much notice is required, what a deposit can be used for, and when a landlord can enter the unit, are answered by state law and by the lease itself. This article explains the basics in general terms. It does not tell you how the law applies to your specific rental.

The lease

A lease is the written agreement that sets the terms of a tenancy. It usually covers the rent amount, when it is due, how it can be paid, the length of the lease, who lives in the unit, and whether pets or subletting are allowed. It may also describe repairs, late fees, utilities, and how the lease can end.

Some tenancies are oral or month-to-month, and some are arrangements without a signed document. Even without a written lease, the landlord and tenant generally have rights and duties under state law. A written lease is still useful, because it makes the terms easier to prove later. Read it before you sign, and keep a copy along with any amendments.

Pay attention to clauses about late fees, renewal, and notice to end the tenancy. Some lease terms are not enforceable under state law, even if they appear in the document. If a term seems unusual or unclear, ask a legal aid provider or a lawyer before you agree to it.

Deposits

A security deposit is money the tenant pays at the start of a lease. Landlords generally use it to cover unpaid rent or damage beyond normal wear and tear. The rules about how much a landlord can require, where the money must be held, whether interest is owed, and how quickly the deposit must be returned are set by state law, and they differ widely. The rules are covered in more depth in the article “Getting a Security Deposit Back: Rules Vary by State.”

Documentation matters for deposits. Take dated photos or video when you move in and when you move out. Keep a written checklist signed by both sides if possible. Keep copies of rent payments and any messages about the condition of the unit.

Repairs and habitability

Landlords generally must keep the rental fit to live in and must make repairs that affect health and safety. The specific standards vary by state, and some states have specific repair deadlines or allow tenants to take certain actions if repairs are not made. Because these remedies are technical, it is important to follow the rules precisely. A tenant who withholds rent or makes repairs without following state procedures may face problems later.

Report repair problems in writing. Describe the issue, when you noticed it, and the steps you have taken. Keep copies of everything you send and receive.

Notices

Many landlord-tenant issues turn on notice. A landlord typically must give written notice before entering the unit for non-emergency reasons, and the required notice period depends on state law and the lease. A landlord who wants to raise rent or end a month-to-month tenancy must also give notice. Tenants usually must give notice before moving out, and the lease may set the timing.

Notices should be read carefully. Look at the date, the method of delivery, the reason given, and any deadline. A notice that is defective, sent in the wrong way, or missing required information may not be effective. Keep the envelope or the message, and write down how and when you received it.

Discrimination protections

Federal fair housing law generally prohibits discrimination in most housing based on protected characteristics, and many states and cities add more protections. If you believe a landlord has treated you unfairly because of a protected characteristic, the USA.gov tenant rights page explains where to file a complaint and what kind of help may be available.

When a disagreement starts

Many disputes can be resolved by calm, written communication. Ask for the issue to be fixed in writing, keep records, and be specific about what you want. If the matter is not resolved, the USA.gov tenant rights page describes agencies and legal aid options. Some local governments have housing offices or mediation programs, too.

Small claims court is another option for certain money disputes, such as a deposit that was not returned. The rules, filing fees, and dollar limits differ from state to state, so check the local court's website or ask the clerk.

Questions to ask before you sign or renew

• What notice do I have to give if I want to move out, and what notice must the landlord give?
• How and when will my deposit be returned, and where is it held?
• Who is responsible for each type of repair?
• Can the landlord enter without notice, and under what circumstances?
• Are late fees and rent increases limited by state law?
• Is the lease written, and do I have a signed copy?

For official background on rental rights, the USA.gov housing help page lists resources for renters who are dealing with housing problems. If you need a lawyer and cannot afford one, the USA.gov legal aid page explains how to look for free help, and the Legal Services Corporation's find legal aid page can help you locate providers. If you are in California, our Los Angeles lawyers page is a place to start looking for local attorneys.

Frequently asked questions

Can my landlord raise the rent at any time? Rules depend on your lease and state law. Some states limit rent increases or require advance notice, and some cities have their own rules.

Do I have to read the lease if it is standard? Yes. Standard forms can still include terms that matter a great deal, such as notice periods, fees, and repair responsibilities.

Is a verbal agreement enforceable? Sometimes, but it can be hard to prove. A written agreement is generally easier to rely on, so write down any changes and ask for them in writing.

Where do I start if my landlord ignores repair requests? Put the request in writing, keep copies, and check the state and local rules. A legal aid provider or local housing office can explain the options.

General information, not legal advice. Laws change and every case is different. Talk to a licensed attorney in your state about your situation.