Landlord-tenant law — the federal floor, the state ceiling, and the gray bits in the middle.

Landlord-tenant law is two layers of rules stacked on top of each other. Federal fair housing sets the floor on who you can and can't exclude. State and city law sets everything else — notice periods, security deposit handling, eviction procedure, rent caps. This page is a map of the layers and a reminder that local specifics matter more than any general principle you'll read online.

Section oneThe federal floor: Fair Housing Act

The Fair Housing Act prohibits discrimination in housing on the basis of race, color, national origin, religion, sex (including gender identity and sexual orientation per 2021 HUD guidance), familial status, and disability. It applies to essentially every rental unit, with very narrow exceptions for owner-occupied small buildings. HUD and state agencies investigate complaints and the remedies are real — fines, damages, attorney's fees. Your job is to document that every applicant was evaluated on the same written criteria and to avoid anything that creates disparate impact even unintentionally.

Section twoState law does the heavy lifting

Almost every practical question — how much notice to enter the unit, when rent is legally late, how long to hold the security deposit, whether you can charge a pet deposit, how quickly you can file for eviction — is governed by state statute. And within states, cities sometimes add rules (rent stabilization, just-cause eviction, source-of-income protection). Landlords who operate across state lines quickly learn that a lease clause legal in Texas may be unenforceable in New Jersey. There is no substitute for reading your state's landlord-tenant act.

State law overrides your lease. Read your state's act before you draft anything.

Section threeNotice, notice, notice

Most state disputes come down to whether you gave proper notice — to enter, to raise rent, to not renew, to cure a breach, to terminate. Notice periods range from 24 hours (entry for repairs) to 30, 60, or even 90 days for non-renewal in certain states. The notice almost always has to be in writing, delivered by a prescribed method, and often posted or mailed with documented delivery. Verbal or text-only notice, however well-intentioned, will lose in court in most states.

Section fourHabitability and repair obligations

Every state recognizes an implied warranty of habitability: the unit must meet basic standards of safety and function — working plumbing, heat, electricity, waterproofing, and the like. When a habitability issue is reported in writing, you have a reasonable time to repair, and the tenant can sometimes repair-and-deduct or escrow rent if you don't. Ignoring a habitability complaint is the single most expensive mistake a small landlord can make; it can void an eviction, trigger damages, and reverse the normal presumption in court.

Section fiveWhere to actually look things up

Your state's landlord-tenant statute — usually published free on the state legislature's website — is authoritative. Beyond that, most state bar associations publish a free landlord's guide. Nolo's state pages summarize things accurately in plain English and are a fine starting point. Avoid generic "landlord-law" blogs that aggregate across states; the averaging almost always misleads. When a real dispute arises, a one-hour consultation with a local real estate attorney is money well spent.