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references/state-tenant-law.md

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State Tenant Law Reference

Last verified: September 2026. This is a starting point, not a complete statement of law. Items marked (verify) were less certain at time of writing or change often. Always confirm decisive points against the state statute or an official government tenant guide, and check city rules.

Contents

  1. Rules that apply almost everywhere
  2. How to research a state not listed here
  3. New York (including NYC)
  4. California
  5. Washington
  6. Oregon
  7. Massachusetts
  8. New Jersey
  9. Illinois (including Chicago)
  10. Texas
  11. Florida
  12. Adding a state

1. Rules that apply almost everywhere

  • Fair Housing Act (federal): no discrimination based on race, color, religion, sex, national origin, familial status, or disability. Assistance animals (service and emotional support animals) generally can't be charged pet fees or pet deposits and are exempt from no-pet rules, with limited exceptions. Many states and cities add protected classes such as source of income.
  • Warranty of habitability: nearly every state implies a duty to keep rentals livable, and it generally can't be waived by lease.
  • Retaliation: most states restrict landlords from retaliating (eviction, rent hikes, reduced services) against tenants who complain to authorities or request repairs.
  • Self-help eviction (lockouts, removing belongings, shutting off utilities) is illegal in almost every state; eviction requires a court process.
  • Normal wear and tear can't be deducted from a security deposit.

2. How to research a state not listed here

Search for, in order of reliability:

  1. The state's residential landlord-tenant statute (often titled "Residential Landlord and Tenant Act")
  2. The state attorney general's or housing agency's official tenant rights guide
  3. The city's housing or consumer protection department, for local ordinances
  4. Legal aid organizations in that state

Key facts to find: security deposit cap, deposit return deadline and itemization rules, late fee limits and grace period, rent increase limits and notice, landlord entry notice, eviction and non-renewal protections (just cause), application fee limits, and whether state law preempts local rent control.

3. New York (including NYC)

Most rules come from the 2019 Housing Stability and Tenant Protection Act (HSTPA).

  • Security deposit: capped at one month's rent (General Obligations Law § 7-108). Return within 14 days of move-out with an itemized statement; a landlord who misses this can lose the right to keep any of it. Buildings with 6+ units must hold deposits in an interest-bearing account.
  • Application fees: capped at the actual cost of the background/credit check, up to $20; waived if the applicant provides a recent report.
  • Late fees: no more than the lesser of $50 or 5% of monthly rent, and only after rent is at least 5 days late (RPL § 238-a).
  • Rent increase and non-renewal notice: 30 / 60 / 90 days depending on tenancy length (under 1 year / 1–2 years / over 2 years), for increases of 5% or more or non-renewal (RPL § 226-c).
  • Roommates: tenants generally have a right to one additional occupant plus that occupant's dependents, regardless of lease terms (RPL § 235-f, "Roommate Law").
  • Habitability: warranty of habitability, non-waivable (RPL § 235-b).
  • Attorney's fees: if the lease gives the landlord attorney's fees, the tenant gets a reciprocal right (RPL § 234).
  • Breaking a lease: landlord has a duty to mitigate damages by trying to re-rent (RPL § 227-e).
  • Subletting: in buildings with 4+ units, tenants generally have a right to request to sublet and the landlord can't unreasonably refuse (RPL § 226-b). (verify for specific situation)
  • Good Cause Eviction (RPL Article 6-A, 2024): applies in New York City and localities that opt in. Covered tenants can't be evicted or non-renewed without good cause, and can challenge increases above the Local Rent Standard (5% + CPI, capped at 10%). Coverage depends on factors including the landlord's portfolio size (generally more than 10 units), the building's certificate of occupancy date, and rent relative to a fair market threshold. (verify coverage)
  • Rent stabilization (NYC and some other localities): increases set by the Rent Guidelines Board; stabilized tenants have renewal rights. Tenants can request their rent history from NY Homes and Community Renewal.

NYC-specific

  • FARE Act (Local Law 119, effective June 2025): whoever hires the broker pays the broker. Tenants generally can't be charged a fee for a broker the landlord hired; all fees must be disclosed in listings and leases. A tenant who hires their own broker may pay that broker. Watch for fees disguised as higher rent or "admin" charges.
  • Heat season: minimum heat requirements October 1 through May 31; hot water year-round.
  • Complaints: 311 / NYC Housing Preservation and Development. Housing court HP actions can compel repairs.

4. California

  • Security deposit: capped at one month's rent for most landlords (AB 12, effective July 2024). Certain small landlords (individuals or small LLCs owning limited properties) may charge up to two months. (verify small-landlord criteria) Return within 21 days with an itemized statement; receipts required for larger deductions. Landlords must take photos of the unit at move-in and move-out for deposit deductions under recent law. (verify effective dates)
  • Statewide rent cap and just cause (Tenant Protection Act, AB 1482): for covered units, annual increases capped at 5% + CPI, maximum 10%; just cause required after 12 months of occupancy. Exemptions include units built within the last 15 years and many single-family homes and condos owned by individuals if the lease includes the required exemption notice.
  • Local rent control: Los Angeles, San Francisco, Oakland, Berkeley, and others have stricter rules. Always check the city.
  • Landlord entry: generally 24 hours written notice, for specified reasons.
  • Late fees: must be a reasonable estimate of the landlord's actual damages; large flat fees can be unenforceable.
  • Auto-renewal: California's Automatic Renewal Law requires clear disclosure, consent, and easy online cancellation for consumer subscriptions.

5. Washington

  • Security deposit: no statewide cap (some cities, like Seattle, limit move-in costs). Must be held in a trust account at a Washington financial institution, with the institution named in the lease. A written move-in condition checklist is required, or the landlord can't keep the deposit. Return within 30 days with a full and specific statement.
  • Rent stabilization (HB 1217, effective May 2025): no increases in the first 12 months of a tenancy; after that, capped at 7% + CPI or 10%, whichever is lower, per 12-month period. The 2026 cap is 9.683%. Units whose first certificate of occupancy is within the last 12 years are exempt. 90 days' written notice required for increases.
  • Just cause eviction: statewide (RCW 59.18.650), with limited exceptions.
  • Late fees: can't be charged until rent is at least 5 days late.

6. Oregon

  • Statewide rent cap: annual increases limited to 7% + CPI, maximum 10%, for most units over 15 years old; 90 days' written notice; no increase in the first year. (verify current year's figure)
  • Just cause: required after the first year of occupancy, with relocation assistance owed for certain no-fault terminations.
  • Security deposit: return within 31 days with a written accounting.

7. Massachusetts

  • Move-in payments: landlord may collect only first month's rent, last month's rent, a security deposit (no more than one month's rent), and the cost of a new lock and key. Other fees such as application or pet fees are generally prohibited.
  • Security deposit: must be held in a separate interest-bearing account in a Massachusetts bank; tenant gets a receipt and a statement of condition. Return within 30 days of move-out. Violations can entitle the tenant to up to three times the deposit plus interest and costs.
  • Late fees: can't be charged until rent is 30 days late.
  • Broker fees: a 2025 state law shifted broker fees to the party that hired the broker. (verify effective date and details)

8. New Jersey

  • Security deposit: capped at 1.5 months' rent. Must be held in an interest-bearing account with written notice to the tenant. Return within 30 days (shorter after fires, floods, or displacement).
  • Just cause: the Anti-Eviction Act requires good cause for eviction and non-renewal in most rentals, except owner-occupied buildings with two or fewer units.
  • Rent control: many municipalities have local ordinances; no statewide cap.

9. Illinois (including Chicago)

  • Statewide deposit rules (for buildings with 5+ units): itemized deductions within 30 days and deposit return within 45 days; interest required in larger buildings. (verify thresholds)
  • No rent control: state law preempts local rent control.
  • Chicago Residential Landlord and Tenant Ordinance (RLTO): strict deposit rules (separate account, receipt, interest, return within 45 days), with steep penalties for violations; limits on late fees ($10 for the first $500 of rent plus 5% of the amount above); tenant repair remedies; some owner-occupied buildings of six or fewer units are exempt. (verify late fee formula)

10. Texas

  • Security deposit: no cap. Return within 30 days after the tenant surrenders the unit; the tenant should provide a forwarding address in writing. Bad-faith retention can lead to significant penalties.
  • Late fees: only if rent remains unpaid two full days after the due date, and must be reasonable. Safe harbor: up to 12% of monthly rent for buildings with four or fewer units, and 10% for buildings with more than four units.
  • Rent control: preempted statewide; no cap on increases.
  • Repairs: landlord must repair conditions materially affecting health or safety after notice, if the tenant is current on rent. Strict procedures apply before any tenant repair-and-deduct remedy.

11. Florida

  • Security deposit: no cap. If the landlord makes no claim, return within 15 days. If claiming deductions, send written notice by certified mail within 30 days; the tenant then has 15 days to object in writing.
  • Landlord entry: at least 24 hours notice for repairs, at reasonable times. (verify)
  • Month-to-month termination: 30 days' notice. (verify)
  • Preemption: recent state laws preempt most local regulation of residential tenancies and local rent control. (verify current scope)

12. Adding a state

When adding a state, follow the Section 2 checklist, cite the statute section for each rule, mark anything uncertain with (verify), and update the "Last verified" date.