Landlord Legal Duties Checklist: What New Landlords Must Know

Becoming a landlord brings legal responsibilities that vary by state and city. Following the law from the start protects you from fines, lawsuits and unhappy tenants. This checklist covers the basics.

Before renting

• Check zoning, licensing and registration requirements for rental property.
• Make sure the property meets health and safety codes.
• Provide required disclosures such as lead paint for older homes and other state or local notices.
• Create a written lease that complies with local law.
• Use consistent, nondiscriminatory screening criteria.
• Obtain landlord insurance.

Deposits and fees

• Follow state limits on the deposit amount.
• Keep deposits in the manner the law requires, and provide any required notices about where they are held.
• Provide itemized statements and return deposits within the deadline.
• Charge only lawful fees.
• Keep records of deductions and receipts.

During the tenancy

• Maintain the property in habitable condition.
• Respond promptly to repair requests.
• Give proper notice before entering, except in emergencies.
• Do not retaliate against tenants for complaints.
• Follow fair housing laws.
• Keep records of rent payments and communications.
• Do not use self-help such as lockouts or utility shutoffs.

Fair housing and reasonable accommodations

Federal, state and local laws prohibit discrimination in rental housing. Landlords must provide reasonable accommodations for tenants with disabilities, such as allowing assistance animals, and permit reasonable modifications. Use written criteria, apply them consistently and avoid discriminatory statements in ads. Train anyone who works with tenants on your behalf.

Evictions and notices

To remove a tenant, you must follow your state's notice and court procedures. Use the correct notice type, deliver it properly, keep proof of service and file in court if the tenant does not comply. Do not change locks, remove belongings or cut utilities without a court order. See our guides to eviction notices and landlord notice rules.

Real-life scenarios

1. A new landlord uses a state-compliant lease and move-in checklist and avoids deposit disputes.
2. A landlord changes the locks on a late tenant and faces a claim for illegal lockout.
3. A landlord denies an assistance animal request without considering fair housing rules and is investigated.

Common mistakes to avoid

• Using an out-of-state lease.
• Ignoring local registration rules.
• Failing to provide required disclosures.
• Keeping deposits without itemization.
• Entering without notice.
• Using self-help eviction.

Questions to ask a professional

• What licenses and registrations do I need?
• What disclosures are required?
• What are the deposit rules?
• How should I screen applicants lawfully?
• What is the proper eviction process?

A practical action plan

1. Research local landlord-tenant law and licensing.
2. Prepare a compliant lease and checklist.
3. Set up deposit handling and record keeping.
4. Establish repair and communication procedures.
5. Consult a landlord-tenant lawyer for questions.

Setting up systems from the start

Create a rental business system: a standard lease, move-in and move-out checklists, a rent ledger, a maintenance request process and a file for each unit. Keep copies of notices and communications. Consistent processes reduce errors and provide evidence if disputes arise.

Staying current with changing laws

Landlord-tenant laws change often, including rules on deposits, rent increases, eviction procedures and tenant screening. Subscribe to updates from your state or local landlord association and review your lease annually. If you manage several properties, consider working with a property manager or lawyer to keep compliant.

Terms you may hear

• Warranty of habitability: the duty to keep a rental safe and livable.
• Disclosure: information a landlord must provide to tenants.
• Reasonable accommodation: a rule change for a tenant with a disability.
• Self-help eviction: removing a tenant without court process, usually illegal.
• Notice period: the time required before certain actions.

Frequently asked questions