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Renting Out Your Property in the United States: A Landlord's Guide

Renting out property in the United States requires compliance with federal laws like the Fair Housing Act and state-specific landlord-tenant regulations that vary significantly by location. Landlords must understand their legal obligations regarding security deposits, property maintenance, eviction procedures, and tenant screening to avoid costly legal disputes and discrimination claims.

Landlord-tenant laws vary substantially between states and even local municipalities, making it crucial to research the specific regulations in your property's location. Failure to comply with fair housing laws and local rental ordinances can result in significant legal penalties and discrimination lawsuits.

Find out where you stand — what state are you in?

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Key Considerations

Owners of Vacation or Short-Term Rentals

Scenarios

Decisions

Property Owners with Multiple Units

Scenarios

Decisions

First-time Landlords

Scenarios

Decisions

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Relevant Laws

Fair Housing Act (FHA)

The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. As a landlord, you cannot refuse to rent to someone based on these protected characteristics, advertise your property in a way that indicates preference or discrimination, or set different terms for different tenants based on these characteristics.

Americans with Disabilities Act (ADA)

The ADA requires landlords to make reasonable accommodations for tenants with disabilities, including allowing service animals even in properties with no-pet policies and permitting reasonable modifications to the property at the tenant's expense.

State and Local Landlord-Tenant Laws

Each state has its own landlord-tenant laws that govern security deposits (including maximum amounts and return timeframes), lease requirements, eviction procedures, and maintenance responsibilities. These laws vary significantly by state and sometimes by city, so you must research the specific requirements for your location.

Uniform Residential Landlord and Tenant Act (URLTA)

This model legislation has been adopted in various forms by many states and establishes basic rights and responsibilities for both landlords and tenants, including maintenance obligations, access to the property, and eviction procedures.

Lead-Based Paint Disclosure Rule

Federal law requires landlords of properties built before 1978 to disclose known information about lead-based paint hazards before leases take effect, provide tenants with an EPA-approved pamphlet on lead poisoning prevention, and include specific warning language in leases.

State and Local Rent Control Laws

Some states and municipalities have rent control or rent stabilization laws that limit how much you can increase rent and under what circumstances. You need to check if your property is in a rent-controlled area and understand the specific restrictions that apply.

State Security Deposit Laws

Most states have laws specifying maximum security deposit amounts (often 1-2 months' rent), where deposits must be held (sometimes in separate interest-bearing accounts), and timeframes for returning deposits after a tenant moves out (typically 14-60 days).

Frequently Asked Questions

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Renting Out Your Property in the United States: A Landlord's Guide - DocDraft