Renting a New Property as a Tenant in the United States

When reviewing a rental lease agreement, pay close attention to: rent amount and due date; lease term (month-to-month or fixed); security deposit amount and conditions for return; maintenance responsibilities; pet policies; rules about modifications to the property; subletting policies; and early termination conditions. Read the entire document carefully before signing, and consider having an attorney review it if you have concerns about specific clauses.

Security deposit limits vary by state. Most states limit security deposits to 1-2 months' rent, but some states have no statutory limits. For example, California caps security deposits at two months' rent for unfurnished units and three months' for furnished ones. Check your specific state's laws regarding security deposit limits, as they differ significantly across jurisdictions.

Landlords generally must provide advance notice (typically 24-48 hours depending on state law) before entering your rental property, except in emergencies. Most states require landlords to enter only during reasonable hours and for legitimate purposes such as repairs, inspections, or showing the unit to prospective tenants. Check your state's specific laws, as entry requirements vary by jurisdiction.

Landlords are legally required to maintain habitable living conditions, which typically includes: functioning plumbing, heating, and electrical systems; weatherproof and structurally sound building; proper sanitation facilities; and pest-free living spaces. These requirements fall under the 'implied warranty of habitability' recognized in most states. Local housing codes may impose additional maintenance requirements on landlords.

For fixed-term leases, landlords cannot raise rent until the lease term ends, unless the lease specifically allows for increases. For month-to-month tenancies, landlords must typically provide advance written notice (30 days in most states, but varies by jurisdiction) before implementing a rent increase. Some cities and states have rent control or rent stabilization laws that limit how much and how often rent can be increased.

If your landlord fails to make necessary repairs after proper notification, you may have several options depending on state law: withholding rent (in some states); repairing the issue yourself and deducting the cost from rent ('repair and deduct'); breaking the lease without penalty; or filing a complaint with local housing authorities. Document all communication with your landlord and the condition issues before taking any of these actions.

No, landlords cannot legally evict tenants without going through proper court procedures. 'Self-help' evictions—such as changing locks, removing doors, shutting off utilities, or removing belongings—are illegal in all states. Proper eviction requires: written notice, filing an eviction lawsuit if the tenant doesn't comply, a court hearing, and if granted, a court order that only law enforcement can execute.

When you move out, your landlord must return your security deposit, minus any legitimate deductions for unpaid rent or damages beyond normal wear and tear, within a specific timeframe (typically 14-60 days, depending on state law). Most states require landlords to provide an itemized list of deductions. If your landlord wrongfully withholds your deposit, you may be entitled to sue for the deposit plus additional damages in small claims court.

Breaking a lease early typically carries financial penalties, but there are some legally protected exceptions: active military duty changes (under the Servicemembers Civil Relief Act); uninhabitable living conditions; landlord harassment or privacy violations; or certain health issues. Some states also allow early termination for domestic violence victims. Otherwise, you may need to negotiate with your landlord, find a replacement tenant, or pay an early termination fee as specified in your lease.