Understanding the balance of rights and responsibilities between landlords and tenants is essential whether you're renting or leasing out property.
Limits: Many states cap security deposits at 1-2 months' rent. Some cities have additional restrictions.
Return timeline: Most states require return within 14-30 days after move-out, with an itemized list of any deductions.
Allowable deductions: Unpaid rent, cleaning costs beyond normal wear and tear, and repair of damages caused by the tenant (not normal wear and tear).
Landlord obligations: Every state requires landlords to maintain rental property in habitable condition — working plumbing, heating, electricity, structural soundness, and compliance with building codes.
Tenant remedies: If repairs aren't made, tenants may be able to withhold rent, repair and deduct, or terminate the lease depending on state law.
Tenant obligations: Keep the property clean and sanitary, properly dispose of garbage, not damage the property, and promptly report maintenance issues.
Notice requirements: Landlords must provide proper written notice (typically 3-30 days depending on the reason and state). Pay-or-quit notices for unpaid rent are usually 3-5 days.
Court process: If the tenant doesn't comply with the notice, the landlord must file an eviction lawsuit. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal everywhere.
Tenant defenses: Improper notice, retaliation, discrimination, and uninhabitable conditions may be valid defenses to eviction.