As a renter, many laws affect you and your landlord. Some are determined by the state you live in, while others are federal laws that apply to renters in all states. Grasping these federal laws helps you recognize your rights (and what your landlord can and cannot legally do). This guide covers the top federal rental laws every tenant should understand.
- Fair Housing Act: Among federal laws that affect all renters, the Fair Housing Act, enacted in 1968, is paramount. 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 can be overt or discreet. If you suspect your rental application was denied due to these factors, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). Landlords must also provide reasonable accommodations for those with 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 due to your credit report. Obtain 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 explain anything that might raise some red flags.
- Americans with Disabilities Act: This law ensures a landlord cannot refuse to rent to you because you have a service animal or charge “pet fees” or increase the rent for it. You may need to prove it is licensed and registered per state and local laws to confirm it’s a legitimate service animal. A service animal is a reasonable accommodation that landlords cannot deny.
- Landlord-Tenant Laws (varies by state): Landlord-tenant laws in the U.S. safeguard renters and establish expectations for both parties. These laws ensure your right to a safe, livable home, privacy, and fair treatment. Your landlord must give notice before entering your rental (except in emergencies) and follow guidelines for handling security deposits. As these differ by state, review your lease and local laws to understand your rights.
- Lead Disclosures: Federal law requires anyone renting a property built before 1978 to provide disclosure about the potential for lead exposure. Homes built before 1978 often have lead-based paint, which may flake or chip off, posing health hazards. The U.S. Environmental Protection Agency (EPA) mandates landlords to disclose whether the property has lead paint and provide evidence of a certified lead hazard inspection if requested.
Understanding the federal and state laws that apply to you and your landlord as a renter is vital for protecting yourself from unjust property owners. Contact Real Property Management of the Triad for assistance. Our professionals in Winston-Salem comply with federal, state, and local laws, ensuring fairness. Visit our listings online or call 336-355-6666!
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.