As a renter, multiple laws affect you and your landlord. Some are set by the state you live in, while others are federal laws that apply to renters in all states. Knowing these federal laws empowers you to discern your rights (and what your landlord can and cannot legally do). This article explores the key federal rental laws tenants must understand.
- Fair Housing Act: Of the federal laws that affect all renters, the Fair Housing Act, enacted in 1968, is vital. It bans your landlord from discriminating against you because of your race, skin color, sex, religion, national origin, age, familial status, or mental or physical disability. Discrimination may be blatant or subtle. If you suspect your rental application was denied due to these factors, you can lodge a complaint with the U.S. Department of Housing and Urban Development (HUD). Landlords are also required to offer reasonable accommodations for a disability.
- Fair Credit Reporting Act: This federal law governs how a landlord can use your credit history to decide whether to rent to you. Your landlord must have your permission to run a credit check and must notify you if your application was denied based on your credit report. Request a free copy of your credit report before you apply for a rental home to review what your potential landlord will see when they run your credit and clarify anything that might raise some red flags.
- Americans with Disabilities Act: This law prohibits a landlord from refusing to rent to you because you have a service animal or charging “pet fees” or increasing the rent for it. You may be required to prove it is licensed and registered per state and local laws to verify it’s a legitimate service animal. A service animal is a reasonable accommodation that landlords cannot refuse.
- Landlord-Tenant Laws (varies by state): Landlord-tenant laws in the U.S. safeguard renters and establish expectations for both sides. These laws ensure your right to a safe, livable home, privacy, and fair treatment. Your landlord must provide notice before entering your rental (except in emergencies) and adhere to guidelines for handling security deposits. Since these differ by state, review your lease and local regulations to know your rights.
- Lead Disclosures: Federal law mandates anyone renting a property built before 1978 to disclose the potential for lead exposure. Homes built before 1978 may contain lead-based paint, which can flake or chip off, posing health hazards. The U.S. Environmental Protection Agency (EPA) requires landlords to disclose whether the property has lead paint and provide evidence of a certified lead hazard inspection if asked.
Mastering the federal and state laws that apply to you and your landlord as a renter is critical for protecting yourself from unfair property owners. Reach out to Real Property Management Key Response. Our experts in Madison comply with federal, state, and local laws, ensuring fair treatment. Check out our listings online or call 615-953-8700!
Originally Published on April 29, 2022
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
