What does landlord tenant law cover?
Landlord tenant law covers the full life of a residential lease: what a lease can say, what the landlord must maintain, how much deposit can be collected and how fast it must be returned, when the landlord may enter, how rent can be raised and how a tenancy ends. Each state writes its own rules, and many cities add their own.
So the rules are local. A notice that works in Texas may be defective in California, and a deposit that’s legal in Florida may be too large in New York. Owners with buildings in several states need a separate playbook for each one.
Commercial leases are governed by a different body of law with far fewer tenant protections. A mixed-use building can be subject to both, with residential rules for the apartments and commercial rules for the storefront.
The Uniform Residential Landlord and Tenant Act
The Uniform Residential Landlord and Tenant Act (URLTA) is a model law written in 1972 by the Uniform Law Commission, and 21 states enacted it in whole or in part. It set out balanced duties: the landlord keeps the unit fit to live in, the tenant pays rent and avoids damage, and each side has defined remedies when the other doesn’t perform.
Even states that never adopted URLTA borrowed many of its ideas, such as limits on self-help eviction and retaliation. The Uniform Law Commission finished a revised version in 2015, but no state had enacted it as of 2026, so the 1972 framework is still the one reflected in state codes.
Security deposit rules
Security deposit law sets how much a landlord can collect, where it must be held, what can be deducted and how quickly the balance must be returned. Limits and deadlines vary widely, and missing a deadline can cost more than the deposit itself.
A few examples show the range. California generally caps deposits at one month’s rent, with a two-month limit for small landlords who own no more than two properties and four units, and requires an itemized statement within 21 days. New York caps deposits at one month’s rent and requires an itemized statement within 14 days. Texas has no statutory cap but requires a refund within 30 days of surrender. Florida requires a refund within 15 days, or written notice of a claim within 30 days.
| State | Deposit limit | Return deadline |
|---|---|---|
| California | One month’s rent (two for qualifying small landlords) | 21 days after move-out |
| New York | One month’s rent | 14 days, with itemized statement |
| Texas | No statutory cap | 30 days after surrender |
| Florida | No statutory cap | 15 days, or claim notice within 30 days |
Entry, repairs and habitability
Nearly every state requires a landlord to keep a rental fit to live in, either by statute or through an implied warranty of habitability recognized by the courts. That usually means working heat, plumbing, hot water and electricity, a weathertight structure, safe common areas and compliance with health and building codes.
When a landlord doesn’t make repairs, state remedies may let the tenant withhold rent, repair and deduct, end the lease or sue, usually after written notice and a reasonable chance to fix the problem. Most states bar retaliation against a tenant for requesting repairs or reporting code violations.
Entry rules require notice except in emergencies. California, for example, treats 24 hours’ written notice as reasonable for repairs and showings. Other states set their own standard, and some leave it to the lease.
Notices, rent increases and rent control
State law sets the notice needed to raise rent, end a month-to-month tenancy or start an eviction, and the required length often depends on the reason and how long the tenant has lived there. A notice with the wrong length, wording or delivery method can send you back to the start.
Three states cap rent increases statewide. California limits annual increases on most covered units to 5% plus inflation, or 10%, whichever is lower, under Civil Code 1947.12 through 2029. Oregon caps increases at 7% plus CPI, or 10%, whichever is lower, and sets a published maximum each year; the 2026 figure is 9.5%. Washington adopted the same 7% plus CPI or 10% formula in 2025 under RCW 59.18.700, with a 2026 maximum of 9.683%.
Local rent control adds another layer in places such as New York City, parts of New Jersey and Maryland, Washington, DC, and many California cities. Many other states bar cities from adopting rent control at all. Each law has exemptions, often for newer buildings, so check the rules for your specific property.
| State | Statewide cap | 2026 maximum |
|---|---|---|
| California | Lower of 5% + CPI or 10% | Varies by region CPI |
| Oregon | Lower of 7% + CPI or 10% | 9.5% |
| Washington | Lower of 7% + CPI or 10% | 9.683% |
How the eviction process works
Eviction is a court process in every state, and a landlord can remove a tenant only with a court order carried out by a sheriff, marshal or constable. Lockouts, removing doors and shutting off utilities to force a tenant out are illegal self-help in most states.
- Serve the right notice: pay or quit for nonpayment, cure or quit for a lease violation, or a termination notice where the law allows one. In just-cause jurisdictions the notice must state a legal reason.
- File the case in the court that hears evictions after the notice period ends.
- Serve the tenant with the summons and complaint as state rules require.
- Attend the hearing; the tenant may raise defenses such as defective notice, retaliation or habitability problems.
- Get a judgment for possession, and for unpaid rent if the court awards it.
- Obtain the writ, and the sheriff or marshal returns possession after the required waiting period.
- Handle the deposit and any property left behind under state rules.
Federal rules that apply on top of state law
Federal law adds a uniform floor that applies in every state. The Fair Housing Act bars discrimination in renting or selling housing based on race, color, religion, sex, disability, familial status or national origin. It covers advertising, screening, terms and reasonable accommodations, and an apartment building with five or more units doesn’t qualify for the small owner-occupied exemption.
Lead-based paint rules require landlords of most housing built before 1978 to give tenants a disclosure and an EPA pamphlet before they sign a lease. The same rule applies when you sell the building: buyers get the disclosure and generally a 10-day chance to test for lead.
The CARES Act adds a notice rule for covered properties, meaning buildings with a federally backed mortgage, including Fannie Mae and Freddie Mac loans, or buildings in certain federal housing programs. Section 4024(c), codified at 15 U.S.C. 9058(c), says the landlord can’t require a tenant to leave until 30 days after a notice to vacate. The eviction moratorium tied to it ended in 2020, but the 30-day text is still in the statute and courts have disagreed on whether it still applies, so the safer course at a covered property is a 30-day notice for nonpayment.
The Servicemembers Civil Relief Act also limits evictions of active-duty service members and their dependents, and the Protecting Tenants at Foreclosure Act generally gives tenants at least 90 days’ notice to vacate after a foreclosure.
How landlord tenant law affects selling a building
When you sell a rental, existing leases generally stay in force and the buyer steps into your shoes as landlord. The buyer inherits the tenants, the rent levels, any rent control status and the duty to return deposits. That’s why buyers go through every lease, ledger and tenant estoppel certificate during due diligence.
Deposit rules follow the sale. California Civil Code 1950.5 requires the seller to transfer deposits to the buyer and notify tenants, or return them, and can make the buyer jointly liable if neither happens. Texas Property Code 92.105 makes the new owner responsible for deposits held at the time of sale.
Local law can also limit what a buyer can do after closing. Just-cause rules, relocation payments and rent caps limit the rent growth a buyer can expect, which flows through to NOI, cap rate and price. Open code violations, pending evictions and unfiled buyout agreements should all be disclosed up front.
Worked example: deposits and rent at closing on a 12-unit building
Suppose you sell a 12-unit building and the deposits total $18,000. You collected $21,600 of rent for the month, and closing falls on day 10 of a 30-day month, with the buyer owning the closing day.
You keep rent for days 1 through 9: 9 ÷ 30 × $21,600 = $6,480. The buyer is credited the other $15,120 for days 10 through 30. The buyer is also credited the $18,000 of deposits, since the buyer must return them later. Total credits to the buyer on the settlement statement come to $33,120, and you then notify tenants that their deposits moved to the new owner.
| Item | Seller | Buyer credit |
|---|---|---|
| Rent, days 1 to 9 | $6,480 | |
| Rent, days 10 to 30 | $15,120 | |
| Security deposits | $18,000 | |
| Total credit to buyer | $33,120 |
How landlord tenant law applies to a 5+ unit apartment building
Larger buildings usually fall under the strictest version of each rule. Many owner-occupancy and small-landlord exemptions stop at four units, including the Fair Housing Act’s owner-occupied exemption, California’s small-landlord deposit limit and Oregon’s relocation-payment exemption. Five units is also the threshold for a federally backed multifamily loan under the CARES Act notice rule.
Keep written policies for screening, deposits, repairs and notices, use state-specific lease forms and keep a clean file for each unit. Those records protect you in a dispute and shorten a buyer’s due diligence when you sell.
State landlord tenant law guides
Each state has its own guide on this site at /{state}-landlord-tenant-law/, such as /texas-landlord-tenant-law/ or /california-landlord-tenant-law/. Each one covers that state’s deposit limits, notice periods, entry rules, eviction steps and any rent control, with statute citations. Pick your state below.
Selling your apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units nationwide, with tenants in place, including buildings with problem units, pending evictions or rent-controlled tenancies. We review leases and deposits ourselves and can work with 1031 exchange timelines or offer seller financing terms.
Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
