Whether you’re considering moving out of state or just researching tenant or rental laws online, be sure the information you find relates specifically to your state. Local rental law can differ from state to state.
Across the U.S., it is illegal for people to discriminate against others based on factors like age or gender. Still, some other variations can occur, and knowing your rights is critical.

Common Areas of Variation

The following are some examples of common variations in rental law.

Tenant’s Rights and Responsibilities

Most leases have a section that outlines the rights and responsibilities of each tenant. The lease will offer specific requirements that are related to that specific property. Tenant rights related to the Fair Housing Act typically do not change, meaning you cannot face discrimination against national origin, gender, disability, race, color, religion, familial status, or age. Some states have added to this to include any discrimination based on marital status or sexual orientation.

In some states, tenant rights may also include:

• The right to privacy means a property owner cannot enter the property without advanced notice.
• The right to a home free of lead poisoning and mold.
• The right to a livable and safe property.
• The right to a quiet environment.

Rent Control and Stabilization

In some areas, rent control and rent stabilization may be in place. That means laws govern how much apartment prices can increase (if at all) within the region. It is often done to ensure the area remains affordable to most people. It also aims to help tenants avoid unfair rent increases that may force them out of an area.

Rent control and stabilization do not mean the property owner cannot raise the rent. It does mean that the property owner has to follow the specific requirements to do so with a careful focus on factors such as how much the property’s rent can increase from one year to the next.

Security Deposit Limits and Returns

Landlords commonly require security deposits in many states. Security deposits are paid by the renter and held by the landlord to cover potential damages to the property. Any damage costs are deducted from this deposit when the tenant moves out. However, regulations regarding security deposits vary by state. Key variations include:

• Landlords often tie the maximum security deposit to a percentage of the monthly rent.
• Landlords frequently charge service members less than other tenants.
• Landlords determine the amount they charge seniors for a security deposit.
• Landlords can impose additional charges for tenants keeping pets.
• Landlords decide when to collect the security deposit.
• Landlords must hold the security deposit in a specified manner, such as in a separate bank or escrow account.

These regulations aim to safeguard the landlord and tenant regarding the security deposit. It's worth noting that some states do not have specific laws concerning security deposits or their limits.

Landlord Access to Property

A property owner maintains the right to access the property during the lease period. Still, many states put limits on how and when that occurs. Most of the time, states require property owners to provide advanced warnings about entering the property. They may require, for example, that the property owner provide a 24-hour advanced warning of the need to enter the property.

Some state laws outline when the property owner can access the area, such as to make necessary repairs or check on the property's state. Remember that warnings like this do not mean the tenant can tell the property owner no. The landlord may have the right to enter the property even if the tenant does not give permission. This information should be spelled out in any rental agreement and understood by all parties.

Researching Local Rental Laws

It’s easy for a less-than-trusted landlord to print off and change a lease contract to include language against the state’s laws. For that reason, renters should do everything they can to verify the information they have included in the least is accurate.

You can research this information by looking up your state’s rental codes and laws. Look for the state’s .gov website to do this. For this information, you can also turn to third-party resources, including local lawyer websites. In some areas, you may be able to find the information you need through local renter associations. Your community law director may also provide you with insight into your rights as a tenant.

Navigating Differences

If you notice discrepancies between state laws and the lease contract presented to you, clarify the property terms and request a revised contract. Only sign a contract that accurately reflects your agreement with the property owner.

Consulting with Legal Professionals

Consult an attorney if you encounter disagreements or believe your rights have been violated. For concerns about unsafe conditions, seek guidance from your city's building code department. An attorney can assist you if you need to take legal action against an abusive landlord. Protecting your rights is essential, and taking action is your prerogative.