US landlord-tenant law, explained.

Plain-English definitions of 34 key terms landlords and tenants hit when renting residential property in the United States. Every entry cites the relevant statute where one applies.

AB 1482

California's Tenant Protection Act of 2019 capping annual rent increases at the lower of 5% + local CPI or 10% flat.

AB 1482 (Cal. Civ. Code 1947.12) caps annual residential rent increases for most California rentals at CPI + 5% or 10% maximum. Exemptions include single-family homes owned by natural persons (with written notice), buildings under 15 years old, and deed-restricted affordable housing.

California rent increase calculator→

Assignment

A tenant transferring the entire remaining lease to a new tenant, who takes over the rent obligation in full.

Assignment transfers the tenant's rights and obligations under the lease to a new tenant for the remainder of the term. Most leases require the landlord's prior written consent. Assignment differs from sublease because the original tenant usually steps out entirely. If the new tenant defaults, the original tenant may still be liable unless the landlord releases them.

See also: Sublease

Bad faith

Acting dishonestly or without reasonable basis when withholding a security deposit, often triggering double or treble damages.

In most US landlord-tenant statutes, a landlord who withholds a deposit in bad faith (without a legitimate reason or without providing the required itemization within the statutory deadline) faces multiplier damages on top of the wrongfully withheld amount. For example, Texas imposes $100 + 3x wrongfully withheld + attorney fees.

Constructive eviction

A tenant-driven claim that the landlord made the unit uninhabitable, forcing the tenant to leave.

Constructive eviction is a legal theory where a tenant argues that the landlord's action or inaction (serious habitability breaches, cutting utilities, repeated harassment) made the unit practically uninhabitable. If proven, the tenant may terminate the lease without penalty and recover damages.

Cure or quit notice

A written notice giving the tenant a specific number of days to fix a lease violation or vacate the premises.

A cure-or-quit notice is served when the tenant violates a non-monetary lease term (unauthorized pet, parking violation, etc.). The tenant has the statutory number of days (often 3-14 depending on state) to cure the violation or move out. If cured, the tenancy continues.

Eviction

A legal court process by which a landlord regains possession of a rental unit from a tenant who has not voluntarily left.

Eviction (also called unlawful detainer or forcible detainer) is a court action, not a self-help procedure. Landlords must serve the proper statutory notice, wait the statutory period, file a petition, attend the hearing, obtain a judgment, and then have a sheriff or marshal physically remove the tenant if necessary. Self-help (changing locks, removing belongings) is illegal in nearly every state.

State-specific notice to quit→

Fair Housing Act

A 1968 federal law prohibiting discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, or disability.

The Fair Housing Act (42 USC 3601 et seq.) prohibits discrimination in renting, selling, advertising, and financing housing. Some states and cities add additional protected classes (source of income, sexual orientation, age, military status). Violations can result in HUD complaints, state housing agency claims, or federal civil actions.

Forcible detainer

The legal term in some states (e.g. Texas) for the eviction lawsuit to remove a tenant who refuses to leave.

Forcible detainer is the Texas and several other states' name for the court action the landlord files to regain possession of the unit. It is filed in justice court or its equivalent. The landlord must have served the proper notice to vacate before filing.

Good cause eviction

A statute requiring landlords to have a specific statutory reason (good cause) before terminating or not renewing most leases.

Good cause eviction (e.g. New York Part HH of 2024 budget, California AB 1482 just cause, Oregon SB 608) limits when a landlord can evict or decline to renew. Typical good causes include nonpayment of rent, lease violations, nuisance, criminal activity, or landlord move-in. Good cause also typically caps rent increases.

See also: Just cause

Habitability

The implied landlord duty to keep a rental unit safe, sanitary, and fit for human occupation.

The implied warranty of habitability requires landlords to maintain functioning heat, hot water, electricity, plumbing, structural integrity, and pest-free conditions. A breach can give the tenant remedies like rent withholding, repair-and-deduct, lease termination, or tenant habitability defenses in eviction. Georgia codified this at OCGA 44-7-13 in HB 404 (2024).

HSTPA

The Housing Stability and Tenant Protection Act of 2019, a New York law that capped deposits, expanded notice requirements, and strengthened tenant protections.

HSTPA made major changes to NY landlord-tenant law: capped security deposits at one month's rent (GOL 7-108(1-a)), reduced the deposit return deadline to 14 days, created tenure-based 30/60/90-day rent increase notice rules at RPL 226-c, and added pre-move-out inspection rights.

New York state hub→

Implied warranty of habitability

A landlord's legal promise that the rental unit is fit to live in, required even if not written in the lease.

The implied warranty of habitability is a common-law or statutory duty imposed on residential landlords in nearly every US state. It cannot be waived in the lease. A serious breach (no heat in winter, no hot water, severe pest infestation) can trigger tenant remedies up to lease termination.

See also: Habitability

Joint and several liability

A lease clause making each tenant individually responsible for the full rent, not just their share.

If three roommates sign a lease with joint and several liability, and two stop paying, the landlord can pursue the third for 100% of the rent owed. Nearly every standard US residential lease with multiple tenants uses joint and several liability.

Just cause

The required legal reason a landlord must have before terminating a residential tenancy in certain jurisdictions.

Just cause eviction laws (local ordinances in SF, LA, Oakland, Berkeley, Seattle; state laws in CA under AB 1482 and NY under Good Cause) limit landlord-initiated terminations to specific statutory reasons. Rent increases may also be capped. Exemptions typically apply to new construction and small owner-occupied buildings.

See also: Good cause eviction

Late fee

A charge a landlord adds to rent paid after the grace period, capped by state statute in many places.

Late fee caps vary by state. Texas caps at 12% of monthly rent (or 10% for larger buildings) under Tex. Prop. Code 92.019. North Carolina caps at the greater of 5% or $15 under NCGS 42-46. New York caps at $50 or 5% whichever is less. Most states require a reasonable fee; unreasonably high late fees are unenforceable as penalty clauses.

Lead paint disclosure

A federal disclosure (24 CFR Part 35) required before leasing any residential unit built before 1978.

Under the federal Lead Disclosure Rule, every landlord of a pre-1978 unit must give the tenant a written disclosure of known lead-based paint, deliver the EPA pamphlet 'Protect Your Family From Lead in Your Home', obtain a signed acknowledgment, and keep the disclosure for at least three years. Penalties can reach $21,000 per violation.

Lead paint disclosure guide→

Lease agreement

A written contract between a landlord and tenant setting out the terms of the tenancy.

A residential lease typically covers rent, term, deposit, rules, disclosures required by state and federal law, and signature lines. State-specific disclosures and caps (e.g. California bed-bug disclosure, Illinois radon, NYC stove knob covers) must be included. LeaseKit generates state-specific leases for 10 US states.

See all templates→

Month-to-month tenancy

A rental that renews monthly and can be terminated by either party with statutory advance notice.

A month-to-month tenancy (sometimes called at-will) has no fixed end date. Either party can terminate with the state-specific notice (often 30 days; 15 in FL; 21 in Oregon; 60 in California tenancies over 1 year under AB 1482). Month-to-month tenancies are more flexible but offer less security for both sides.

Notice to quit

A written notice from landlord to tenant demanding that the tenant either pay, cure a violation, or vacate the premises.

Notice to quit is the catch-all name for the written notice the landlord must serve before filing eviction. Variants include pay-or-quit (nonpayment), cure-or-quit (violation the tenant can fix), and unconditional quit (serious violation, no cure). The statutory period varies: 3 days (CA, TX, FL for rent), 5 days (IL), 14 days (NY, WA), 10 days (NC), 7 days (FL for violations).

How to serve a notice to quit→

Occupancy limit

The maximum number of people legally allowed to live in a rental unit, set by building code and fair-housing rules.

Federal HUD guidance allows a reasonable occupancy limit of 2 persons per bedroom. Some states and cities (especially in rent-stabilized NYC) allow more. Occupancy limits cannot be used to discriminate based on familial status under the Fair Housing Act.

Pay or quit notice

A written notice giving the tenant a specific number of days to pay all rent owed or vacate.

A pay-or-quit notice is the first step before a nonpayment eviction. The tenant must either pay in full or leave within the statutory window (3-14 days depending on state). If neither happens, the landlord can file for eviction. Partial payment typically does not stop the clock unless the landlord accepts it as full.

Pro-rated rent

Rent calculated for a partial month based on the number of days the tenant occupies the unit.

When a tenant moves in or out mid-month, rent is pro-rated. Standard formula: monthly rent / days in the month * days occupied. Some leases use a 30-day month for simplicity. Pro-rated rent is usually paid on the first of the following month along with the full monthly rent.

Prorated rent calculator→

Quiet enjoyment

A tenant's legal right to use and enjoy the rental unit without substantial interference from the landlord.

The covenant of quiet enjoyment is implied in every residential lease. The landlord cannot enter without proper notice (typically 24 hours), cut utilities, harass the tenant, or allow major disturbances that spoil the tenancy. Breach can give the tenant damages and, in serious cases, support a constructive eviction claim.

Rent control

A local or state law that limits how much a landlord can charge or how often rent can be raised.

Rent control (sometimes rent stabilization) is typically a local ordinance. Major US cities with rent control: NYC (rent-stabilized and rent-controlled), San Francisco, Los Angeles (RSO), Oakland, Berkeley, West Hollywood. State-level: California (AB 1482 cap), Oregon (SB 611 replacing SB 608), Washington (HB 1217, 2024). Many states preempt local rent control.

RLTO

The Chicago Residential Landlord and Tenant Ordinance, governing most Chicago residential tenancies.

The RLTO (Chicago Municipal Code 5-12) adds requirements on top of Illinois state law: specific deposit rules (interest-bearing, separate account), heat requirements, tenant rights to withhold rent, and detailed disclosures. RLTO applies to most Chicago units but exempts owner-occupied buildings of 6 or fewer units.

Security deposit

Money the tenant pays the landlord at move-in to cover unpaid rent or damage beyond normal wear and tear.

Security deposit rules are state-specific. California caps at one month (2 months for natural-person small owners per 1950.5(c)(5)(A) post-AB 414). Texas has no cap. New York caps at one month under HSTPA. Return deadlines vary from 14 days (NY) to 60 days (AL).

Deposit return calculators→

Sublease

A tenant renting out all or part of the unit to a third party while still being the primary tenant.

A sublease (or sublet) means the original tenant remains the landlord's tenant but rents the unit (or a room) to a subtenant. Most leases require the landlord's written consent. The original tenant remains liable for rent and damage. Sublease differs from assignment, which transfers the whole lease to the new tenant.

See also: Assignment

Tenancy at sufferance

A tenant who stays past the end of the lease without the landlord's permission; sometimes called a holdover tenant.

A tenant who remains after lease expiration without a new agreement becomes a tenant at sufferance. The landlord can evict without the usual termination notice but typically still must follow the state's eviction procedure. In some states, the landlord's acceptance of rent converts the holdover into a month-to-month tenancy.

Tenant screening

The landlord's due-diligence process of evaluating a prospective tenant's application.

Tenant screening can include credit check, criminal background check (limited by fair-chance housing laws in some cities), rental history, employment/income verification, and references. The Fair Credit Reporting Act (FCRA) applies. Some cities and states restrict what can be considered (source of income, prior evictions, criminal records).

Unconditional quit notice

A written notice giving the tenant a specific number of days to vacate with no option to cure.

An unconditional quit notice is used for serious violations where the landlord does not allow the tenant to fix the problem: major property damage, criminal activity on-premises, repeated violations within a year, or other severe breaches. The tenant has the statutory period to leave; no cure option.

Unlawful detainer

The California and several other states' name for the lawsuit a landlord files to evict a tenant.

Unlawful detainer (CCP 1161) is the California eviction action. The landlord must have served a compliant notice (3-day pay-or-quit, 30-day or 60-day termination, etc.), waited the statutory period, and then files the UD complaint in superior court. The case is expedited and usually heard within 20 days of the tenant's answer.

Warranty of habitability

See 'Implied warranty of habitability'.

Same concept as implied warranty of habitability. Statutory versions exist in many states; most recent addition is Georgia's OCGA 44-7-13 via HB 404 (2024).

See also: Habitability, Implied warranty of habitability

Wear and tear (normal)

The gradual deterioration of a rental unit from ordinary use; NOT deductible from the security deposit.

Normal wear and tear is the depreciation a unit experiences from regular occupation: minor scuffs, small nail holes from hanging pictures, slight carpet fading, light dirt on walls. Landlords cannot deduct normal wear from the security deposit. Damage beyond normal wear (burns, large stains, broken fixtures) is deductible.

Writ of possession

A court order, issued after a successful eviction judgment, authorizing a sheriff or marshal to remove the tenant.

After the landlord wins the eviction lawsuit and the appeal period expires (usually 5-10 days depending on state), the court issues a writ of possession. The sheriff or constable then schedules a lockout, gives the tenant final notice (often 5-24 hours), and physically removes the tenant if they have not left.