As a renter, various laws affect you and your landlord. Some originate from the state you live in, while others are federal laws that apply to renters in all states. Comprehending these federal laws equips you to understand your rights (and what your landlord can and cannot legally do). This guide delves into the key federal rental laws every tenant must know.
- Fair Housing Act: Among federal laws that affect all renters, the Fair Housing Act, enacted in 1968, stands out. It forbids 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 blatant or subtle. If you suspect your rental application was denied for these reasons, file a complaint with the U.S. Department of Housing and Urban Development (HUD). Landlords must also offer reasonable accommodations for a disability.
- Fair Credit Reporting Act: This federal law outlines 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 see what your potential landlord will view 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, nor can they impose “pet fees” or increase the rent for it. You may need 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 landlords must permit.
- Landlord-Tenant Laws (varies by state): Landlord-tenant laws in the U.S. protect renters and establish expectations for both sides. These laws ensure your right to a safe, livable home, privacy, and fair treatment. Landlords must give notice before entering your rental (except in emergencies) and follow protocols for handling security deposits. As these differ by state, review your lease and local laws to understand your rights.
- Lead Disclosures: Federal law mandates that anyone renting a property built before 1978 discloses the potential for lead exposure. Homes built before 1978 often contain lead-based paint, which can flake or chip off, causing 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 upon request.
Mastering the federal and state laws that apply to you and your landlord as a renter is crucial for protecting yourself from unfair property owners. For trusted support, contact Real Property Management Greater Madison Metro. Our professionals in Middleton comply with federal, state, and local laws, ensuring fairness. Visit our listings online or call 608-310-1290!
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.