Residential tenancies are heavily regulated, and the rules differ fundamentally from commercial leasing.
Security deposits. Statutory caps, requirements to hold in a separate or escrow account, an inventory checklist at move-in, and a short deadline after move-out to return the deposit with an itemised statement. Penalties for late or undocumented retention are commonly double or treble the deposit.
Implied warranty of habitability. Non-waivable in most states, requiring premises fit for habitation. Remedies include repair and deduct, rent withholding through escrow, and termination.
Retaliation. Presumed where an adverse action follows a complaint to a code authority or an exercise of rights within a defined period.
Entry. Notice requirements before entering, with emergency exceptions.
Eviction. Statutory notice by ground — non-payment, breach, holdover — with prescribed content and service, then a summary proceeding. Self-help lockouts and utility shutoffs are prohibited and carry statutory damages.
Just cause requirements in a growing number of jurisdictions restrict non-renewal.
Disclosures. Lead paint for older housing, and various state-specific notices.
Fair housing applies to advertising, screening criteria, occupancy standards, and accommodation requests.