Landlord-Tenant Law State Compliance Table
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Landlord-tenant law is not one law; it is a federal floor with fifty different ceilings on top of it, and the numbers that trip people up, how big a deposit can be, how fast it has to come back, how much notice before you enter or evict, are set state by state. This page pulls the ones landlords and tenants ask about most into plain tables, then explains the rules that apply everywhere. Treat it as a starting map, and confirm the current figure with your state, because legislatures change these and cities are often stricter.
The short version (2026):
- Federal law sets the floor (fair housing, the lead-paint disclosure); your state and city set the rest.
- Deposits vary the most. A few states cap the amount; the return deadline runs 14 to 60 days.
- Nonpayment notice before eviction runs from 3 days to 14 days by state.
- Entry notice is 24 hours in most states, including Florida, and unset (lease-governed) in others.
- Two rules are universal: Every rental carries an implied warranty of habitability, and self-help eviction is illegal everywhere.
Federal Floor, State Ceiling
A handful of rules are national. The federal Fair Housing Act bans discrimination on seven protected grounds, the lead-based paint disclosure is required for any home built before 1978, and the landlord-tenant relationship everywhere carries an implied warranty of habitability. Almost everything else, deposits, notice periods, late fees, entry, and the eviction timeline, is state law, and a city can add stricter rules on top (rent control, longer notice, deposit interest). When a lease term conflicts with the law, the law wins, and a clause that gives the tenant less than the law requires is void.
The State Compliance Table: Deposits and Nonpayment Notice
The three numbers that cause the most disputes are the deposit cap, the deposit return deadline, and how much notice you must give before filing an eviction for unpaid rent. Here they are for a range of states:
| State | Deposit cap | Return deadline | Nonpayment notice |
|---|---|---|---|
| California | 1 month’s rent | 21 days | 3 days |
| Texas | No statutory cap | 30 days | 3 days |
| New York | 1 month’s rent | 14 days | 14 days |
| Florida | No statutory cap | 15 days (no claim) / 30 (with claim) | 3 days |
| Illinois | No state cap (Chicago rules apply) | 30–45 days | 5 days |
| Washington | No statutory cap | 30 days | 14 days |
| Massachusetts | 1 month’s rent | 30 days | 14 days |
| Colorado | 2 months’ rent | 1 month (up to 60 by lease) | 10 days |
| Georgia | No statutory cap | 30 days | Demand for possession (no set days) |
| Ohio | No statutory cap | 30 days | 3 days |
| Pennsylvania | 2 months (first year) | 30 days | 10 days |
| Arizona | 1.5 months’ rent | 14 business days | 5 days |
| North Carolina | Up to 2 months | 30 days | 10 days |
| New Jersey | 1.5 months’ rent | 30 days | None (no notice-to-quit required) |
Two reminders on the deposit side: Where a state caps the total deposit, a pet deposit counts toward that cap, and the deadline clock usually starts at move-out or when the tenant gives a forwarding address. For the letters that go with a deposit fight, see our deposit return letter (landlord) and demand letter (tenant).
Rather not track fifty rulebooks? LawDepot builds leases and notices to your specific state’s deposit, disclosure, and notice rules.
Notice to Enter by State
A landlord cannot walk in unannounced. Most states set an advance-notice rule for non-emergency entry; a few leave it to the lease. Genuine emergencies (fire, flood, gas leak) never require notice.
| State | Notice to enter |
|---|---|
| California | 24 hours (written) |
| Florida | 24 hours |
| Washington | 2 days (1 day to show the unit) |
| Oregon | 24 hours |
| Illinois (Chicago) | 48 hours under the RLTO |
| New York | No fixed statute; courts expect reasonable notice (24–48 hours) |
| Texas | No statute; set it in the lease |
| Massachusetts | No statute; set it in the lease |
Late fees are limited too, in their own way. New York caps them at $50 or 5% of the rent, whichever is less; Texas presumes a fee reasonable up to 12% (four or fewer units) or 10% (more than four); Oregon allows a reasonable flat fee or 5% of the rent per five-day period; and California and Florida set no statutory cap but still require the fee to be a reasonable estimate of actual costs. Wherever you are, put the late fee in the lease and keep it within the state’s limit.
Security Deposits
Beyond the cap and the deadline, the rules that get landlords in trouble are the itemized statement and what can be deducted. A landlord can deduct for unpaid rent and damage beyond normal wear and tear, but not for ordinary aging, and most states require an itemized statement of any deductions within the return window. Miss the deadline or skip the itemization and many states let the tenant recover two or three times the wrongfully withheld amount plus attorney fees. Several states also require the deposit to sit in a separate or interest-bearing account. The deposit rules reward paperwork, so document the unit’s condition at move-in and move-out.
Eviction Notices and Process
Eviction is a court process, never a self-help one. The nonpayment notice in the table above is only the first step; a different notice applies to a lease violation (cure-or-quit) or the end of a tenancy (notice to vacate). After the notice period runs, the landlord files an unlawful-detainer case, serves the tenant, and, if they win, obtains a writ of possession that only the sheriff can execute. Our guides break down each piece: The eviction notice, the pay-or-quit notice, the notice to vacate, and how to file the eviction itself. Changing the locks, removing belongings, or shutting off utilities to force a tenant out is illegal in every state.
The Warranty of Habitability
Almost every state reads an implied warranty of habitability into a residential lease, meaning the landlord must keep the unit fit to live in: Working heat, plumbing, and electricity, a weather-tight structure, hot water, and compliance with building and health codes. A tenant cannot waive it, even in writing. When a landlord fails to make a needed repair after proper notice, state law gives the tenant remedies that vary by state, commonly repair-and-deduct, rent withholding into escrow, or terminating the lease. The flip side is that the tenant must keep the unit reasonably clean, not cause damage, and report problems promptly. Setting these duties out clearly in a written lease prevents most repair disputes.
Required Disclosures and Fair Housing
One disclosure is federal for every state: For any property built before 1978, the lead-based paint disclosure and the EPA pamphlet are required, with steep penalties for skipping them. States pile on their own, such as mold, flood zone, bed-bug history, and the identity of the owner or agent. On top of that sits the Fair Housing Act, which bars discrimination based on race, color, national origin, religion, sex, familial status, and disability, and requires reasonable accommodations, including assistance animals that are not charged as pets. Many states and cities add protected classes of their own, such as source of income or sexual orientation. A blanket policy that disproportionately excludes a protected class can violate the Act even without intent, so screen consistently and document why.
Common Compliance Mistakes
- Overcharging or mishandling the deposit. Above the cap, or returned late without itemization, and you can owe multiples of it back.
- Skipping or mis-serving a notice. The wrong notice type or too little time gets an eviction dismissed.
- Entering without notice. Follow your state’s rule, or the lease’s if the state is silent.
- Any self-help eviction. Lockouts and utility shutoffs are illegal in every state.
- Missing a required disclosure. A skipped lead-paint disclosure alone carries five-figure penalties.
- Inconsistent screening. Applying rules unevenly across applicants invites a fair-housing claim.
Want state-specific lease documents that build the right disclosures and notice terms in for you? LawDepot generates them to your state’s rules.
Frequently Asked Questions
Does federal or state law control landlord-tenant issues?
Both. Federal law sets a floor, mainly fair housing and the lead-paint disclosure, and applies everywhere. Almost everything else, deposits, notice, late fees, entry, and eviction, is state law, and cities can add stricter rules. When they conflict, the stricter rule that protects the tenant usually governs.
How much can a landlord charge for a security deposit?
It depends on the state. A few cap it, such as California, New York, and Massachusetts at one month and Arizona and New Jersey at 1.5 months, while many states set no statutory limit. Where there is a cap, a pet deposit counts toward it. Confirm your state’s current figure before you collect.
How much notice before entering a rental?
Commonly 24 hours for non-emergency entry, though Washington sets 2 days, and some states leave it to the lease. Emergencies never require notice. Always give written notice at a reasonable hour and only for a permitted reason.
How long does a landlord have to return the deposit?
Most states fall between 14 and 30 days after move-out, with a few allowing up to 45 or 60. New York is 14 days and California 21; Texas, Washington, and many others are 30. An itemized statement of deductions must go out within that same window.
What notice is required before an eviction for unpaid rent?
The nonpayment notice runs from 3 days (California, Texas, Florida, and others) to 14 days (New York, Washington, Massachusetts), with several states in between. It is a prerequisite; you cannot file the eviction until the notice period has passed without payment.
Can a landlord evict without going to court?
No. Every state requires a court process, and only the sheriff, acting on a writ of possession, can remove a tenant. Self-help eviction, including lockouts, removing belongings, or cutting utilities, is illegal and exposes the landlord to the tenant’s damages and penalties.
Sources & References
This guide is fact-checked against the following official and authoritative sources:
- Cornell LII — Landlord-Tenant Law
- Cornell LII — Security Deposit
- HUD — Fair Housing Act
- EPA — Real Estate Disclosures About Potential Lead Hazards
Fact-checked: July 2026 · ClearLegalTips editorial team. This is legal information, not legal advice.
ClearLegalTips is an independent publisher of plain-English legal guides, free document templates, and cost calculators for common U.S. legal tasks. Every article is reviewed by founder and editor Fatih Öztürk and fact-checked against official sources: statutes, court fee schedules, and government filing pages. Not a law firm; nothing here is legal advice.
