📚 Compliance Regulations Browser

Landlord should prepare written premises condition statement: - Describes condition of premises and contents at move-in - Presumptive evidence of condition at commencement - Used to determine security deposit deductions at move-out - Both parties should sign - Keep copy for records

Notices and demands may be delivered by: 1. Personal delivery to tenant 2. Mail to tenant's address (regular or certified) 3. Posting on premises if tenant absent 4. Email if parties have agreed to electronic notice in writing Notice effective when delivered or mailed.

- Landlord must deliver possession of premises to tenant at commencement of term - If landlord fails to deliver, tenant may terminate and recover damages - Tenant may recover prepaid rent, security deposit, and actual damages - Does not apply if delay caused by current tenant wrongfully holding over

- Landlord does NOT have lien on tenant's personal property for unpaid rent - "Distraint for rent" (seizing tenant's property) is abolished - Landlord's only remedy for unpaid rent: eviction and court judgment - Cannot seize or hold tenant's belongings as collateral

If landlord unlawfully: - Removes tenant from premises - Excludes tenant by changing locks - Diminishes services (shuts off utilities) Tenant may: - Recover possession through court order - Recover actual damages - Minimum recovery: Greater of 1.5 times actual damages OR $1,500 - Recover attorney fees and costs

- In eviction action for possession or rent, tenant may assert landlord's noncompliance as defense - If landlord materially failed to comply with AS 34.03.100 (habitability), tenant may have defense - May result in rent abatement, damages, or dismissal of eviction - Tenant must have notified landlord of noncompliance

- Landlord can only recover possession through: 1. Tenant voluntarily surrendering possession 2. Court action (eviction lawsuit) - Self-help eviction is illegal - Must follow Alaska forcible entry and detainer procedures - No exceptions to this rule

After termination, landlord may: - Recover possession - Recover unpaid rent through termination date - Recover damages for tenant's noncompliance - Recover costs of reletting (advertising, cleaning, repairs) - Cannot recover rent for period after termination unless tenant wrongfully withholds possession

If tenant absent from premises and fails to pay rent: - Landlord may believe premises abandoned if reasonable belief - May terminate rental agreement and regain possession - If tenant has abandoned, follow abandoned property procedures (AS 34.03.260) - Should document abandonment (photos, witness statements) - Reasonable belief standard: no personal property, utilities off, neighbors confirm, etc.

Landlord must disclose in writing: - Name and address of landlord or authorized person to receive notices and demands - Name and address of property manager authorized to manage the premises - Property managers managing 5+ units must be licensed real estate brokers in Alaska - Lead-based paint disclosure for pre-1978 housing (federal requirement)

Lease CANNOT contain provisions that: - Waive or preclude any right, remedy, or liability provided by Alaska Landlord-Tenant Act - Limit any liability of landlord arising under law - Require tenant to pay landlord's attorney fees (unless reciprocal) - Impose any penalty or charge not in compliance with AS 34.03.220 - Authorize confession of judgment Prohibited clauses are VOID and unenforceable.

- Fixed-term lease: Automatically converts to month-to-month unless parties agree otherwise or tenant vacates - Month-to-month: Continues until terminated by either party with proper notice - Week-to-week: Continues until terminated by either party with proper notice - Tenant or landlord may terminate periodic tenancy by proper notice

Notice requirements for termination of periodic tenancy: - Month-to-month: 30 days' written notice before end of rental period - Week-to-week: 14 days' written notice before end of rental period - Fixed-term: Lease expires on end date; no notice required unless converting to periodic - Notice must be in writing and delivered properly

Tenants may terminate early for: - Military service: Servicemembers under federal SCRA protections - Fire or casualty: If premises destroyed or substantially damaged making unit uninhabitable - Landlord noncompliance: Material noncompliance by landlord not remedied (AS 34.03.160) - Constructive eviction: Failure to provide essential services

Landlord may enter dwelling unit ONLY: 1. With tenant consent, OR 2. After 24 hours' written notice specifying date, approximate time, and purpose 3. At reasonable times and for reasonable purposes - Inspect premises - Make repairs or improvements - Show to prospective purchasers or tenants - Other purposes stated in notice

Landlord may enter without notice or consent in case of emergency where property or tenants are at risk. Examples: - Fire - Gas leak - Burst pipes - Imminent danger to health or safety

- Tenant has right to quiet enjoyment and privacy - Landlord cannot abuse right of access to harass tenant - Tenant cannot unreasonably withhold consent for legitimate entry - Repeated violations may constitute harassment or constructive eviction

Landlord CANNOT: - Change locks or exclude tenant - Remove tenant's property - Shut off utilities or services - Remove doors or windows - Do anything to deprive tenant of use of premises

- Landlord must provide 7 days' written notice to pay or vacate - Notice must specify amount owed - If tenant pays within 7 days (or as agreed), rental agreement continues - If tenant fails to pay, landlord may file eviction action

For violation of rental agreement: - Material noncompliance with AS 34.03.120 (tenant obligations) - Material noncompliance with lease terms - Landlord must provide reasonable opportunity to cure (typically 10 days) - If same violation occurs within 6 months, landlord may terminate immediately

Landlord may terminate immediately (no cure period) for: - Tenant engaging in illegal activity on premises - Permitting drug-related activity - Activity creating imminent threat to health or safety - Intentional, substantial, unjustifiable damage to premises - Second material violation within 6 months

- If tenant remains after lease expires or after receiving proper termination notice, tenant becomes "holdover tenant" - Landlord may file eviction action immediately - Landlord may hold tenant liable for actual damages - If landlord accepts rent after lease expires, may create new month-to-month tenancy

- Must file eviction action in court - Tenant entitled to court hearing - Cannot remove tenant without court order - Sheriff enforces eviction order - Typically 7-14 days for court hearing after filing

When tenant abandons property: - If tenant owes rent, landlord may store and sell property to recover costs - Must give tenant reasonable notice and opportunity to claim property - Must itemize stored property - If property sold, apply proceeds to rent/damages; refund balance to tenant - Hold proceeds for at least 30 days

After court judgment for possession: - Landlord must obtain Writ of Assistance from court - Sheriff or peace officer executes writ - Gives tenant final notice to vacate (typically 24 hours) - Sheriff physically removes tenant if necessary - Only legal way to physically remove tenant

- Rent due according to rental agreement terms - If not specified, rent due at beginning of month - Payment location: dwelling unit unless otherwise specified - Payment methods should be specified in lease - Periodic rent: interval established by rental agreement

- Alaska prohibits rent control - No statewide rent control laws - Fixed-term lease: Cannot increase rent during lease term unless lease permits - Month-to-month: Must provide 30 days' written notice - Week-to-week: Must provide 14 days' written notice - Increases cannot be retaliatory (AS 34.03.310)

- Maximum pet deposit: One month's rent (in addition to regular security deposit) - Pet deposit must be accounted for separately from regular security deposit - Can only be applied to pet-related damages - CANNOT charge for service animals (defined in AS 34.03.070(i)) - Service animal: individually trained to do work/perform tasks for person with disability

- Landlord must provide running water, reasonable amounts of hot water, and heat during winter months - Cannot shut off utilities as self-help eviction - Lease should specify which utilities tenant vs. landlord pays - Wrongful failure to supply essential services: tenant may recover damages, obtain injunction, or terminate lease

Landlord must: 1. Comply with applicable building and housing codes affecting health and safety 2. Make all repairs necessary to keep premises fit and habitable 3. Keep all common areas clean and safe 4. Maintain electrical, plumbing, sanitary, heating, ventilating, air conditioning, and appliances in good working order 5. Provide trash receptacles and removal 6. Supply running water, reasonable hot water, heat during winter months

- Tenant must notify landlord of needed repairs in writing - Landlord has reasonable time to make repairs (typically 10 days unless emergency) - If landlord fails to repair, tenant remedies include: repair and deduct, rent reduction, damages, termination - Emergency repairs: landlord must act immediately

If landlord fails to comply with AS 34.03.100 (habitability), tenant may: - Procure substitute housing for period of noncompliance (rent reduction) - Recover damages - Obtain injunctive relief - Repair and deduct reasonable costs from rent (must follow proper procedure)

Tenant must: 1. Comply with building and housing codes 2. Keep dwelling clean and sanitary 3. Dispose of trash properly 4. Use all utilities, facilities, and appliances reasonably 5. Not deliberately damage premises 6. Not disturb neighbors' peaceful enjoyment 7. Conduct themselves peacefully

For housing built before 1978: - Must provide EPA-approved lead paint pamphlet - Must disclose known lead-based paint and hazards - Must include specific language in lease - Must allow 10-day inspection period - Federal requirement applies in Alaska

Landlords must install and maintain: - Working smoke detectors in each bedroom and common areas - Carbon monoxide detectors (if applicable based on local codes) - Tenant responsible for battery replacement in some cases - Check local building codes for specific requirements

- Property must be zoned for rental use - Occupancy limits based on zoning (not family relationship) - Parking requirements - Check local zoning codes for restrictions

If landlord fails to deliver possession through no fault of tenant: - Landlord must pay tenant actual damages - Tenant may terminate rental agreement - Tenant entitled to refund of prepaid rent and security deposit - Landlord not liable if failure caused by holdover tenant holding over unlawfully

If landlord willfully or negligently fails to supply: - Running water - Hot water - Heat - Other essential services Tenant may: - Recover damages - Procure substitute services and deduct from rent - Obtain injunction - Terminate rental agreement

Alaska Uniform Residential Landlord and Tenant Act APPLIES to: - Houses - Apartments - Mobile homes and mobile home spaces - Other residential dwellings Does NOT apply to: - Hotels, motels, rooming houses - Temporary housing at shelters - Transient occupancy (typically less than 30 days) - Commercial property - Agricultural property

In eviction proceedings, service of summons and complaint on tenant may be made by: - Personal service - Substituted service (leave with person of suitable age at residence) - Posting and mailing if personal service not possible - Must follow Alaska Rules of Civil Procedure

- If rental agreement for fixed term expires, tenancy becomes month-to-month on same terms unless: - Parties agree otherwise - Landlord provides proper termination notice before expiration - Holdover tenant: tenant remains without landlord's consent after termination - Landlord may accept holdover tenant (creating new tenancy) or proceed with eviction

- Property managers managing 5 or more residential units must hold active Alaska real estate broker license - Must disclose property manager identity to tenant in writing - If not disclosed, property manager may be liable as though they were landlord - Exemptions: resident managers, owners managing own property

Licensed property managers must: - Maintain separate trust account for tenant deposits - Keep accurate records of deposits - Cannot commingle with personal or business funds (except in designated trust account) - Subject to Alaska Real Estate Commission audit - Violations may result in license suspension/revocation

Property manager has fiduciary duties to landlord-principal: - Duty of loyalty - Duty to account for funds - Duty to follow lawful instructions - Duty of reasonable care and skill - Must keep landlord informed of material facts

- Move-in inspection: Complete premises condition statement and contents inventory - Document existing damages with photos/video - Both parties should sign - Move-out inspection: Final inspection comparing to move-in condition - Document any damages beyond normal wear and tear - Essential for security deposit accounting

No Alaska-specific lead registry. Comply with federal lead disclosure requirements for pre-1978 housing: - Provide EPA-approved pamphlet - Complete lead disclosure form - Retain records for 3 years - Make available for EPA inspection

- Maximum: Two months' rent (combined prepaid rent + security deposit) - EXCEPTION: No limit if monthly rent exceeds $2,000 - Pet deposit: Additional one month's rent for pets (separate from security deposit) - Deposits must be held in trust account

- Must be deposited in trust account in bank, savings and loan, or licensed escrow agent - Must be deposited promptly (wherever practicable) - Landlord may commingle multiple tenants' deposits in single trust account - Landlord must provide terms and conditions for withholding deposit - Property managers must follow same requirements

TWO TIMELINES DEPENDING ON NOTICE: - NO deductions: Return full deposit within 14 days after termination and possession delivered - WITH deductions: 30 days to mail itemized statement and refund - 30 days after termination, possession delivered, or landlord becomes aware unit is abandoned - Must mail written notice and refund to last known address

May deduct for: - Unpaid rent - Damages caused by tenant's noncompliance with AS 34.03.120 (tenant obligations) - Damages beyond normal wear and tear - Normal wear and tear (defined in AS 34.03.070(i)) - Damages caused by landlord's failure to maintain property - Pre-existing conditions

- Must provide itemized written notice of deductions - Must mail to tenant's last known address - Must include amount due tenant - Must specify accrued rent and damages separately - If mailing address unknown, make reasonable effort to deliver

- If landlord wilfully fails to comply with deposit return requirements, tenant may recover up to DOUBLE the actual amount withheld - Tenant may sue in small claims court (up to $10,000) - Does not preclude other damages tenant entitled to under Act

- Pet deposits must be accounted for separately - Pet deposits only applied to pet-related damages - Regular deposits cannot be used for other tenants' rent or damages - Commingling in single financial account permitted but accounting must be separate

"Normal wear and tear" means deterioration that occurs from: - Intended use of rental unit - WITHOUT negligence, carelessness, accident, misuse, or abuse - By tenant, household members, invitees, or guests Cannot deduct for normal wear and tear.

The holder of the landlord's interest in the premises at the time of termination is bound by security deposit requirements. If property sold, new owner responsible for returning deposit.

Mobile home park operators have limited termination rights: - Cannot terminate without "good cause" as defined by statute - Good cause includes: nonpayment, lease violations, planned conversion/sale - Must provide 30 days' notice for termination (longer than standard) - Special protections for mobile home tenants due to moving difficulty

- Section 8 vouchers: Follow HUD requirements in addition to state law - LIHTC properties: Federal tax credit compliance - Public housing: Federal regulations apply - Alaska Landlord-Tenant Act applies unless federal law conflicts

- May restrict to 55+ residents if meets HUD requirements: - At least 80% of units occupied by person 55 or older - Published policies demonstrating 55+ intent - Verification procedures for age - Cannot discriminate within other protected classes

- Landlord may adopt rules for tenant conduct - Rules must be reasonable, apply to all tenants equally, clearly defined - Must show tenant rules before rental agreement signed - Must post rules prominently on premises - Rules cannot allow landlord to avoid obligations - May include HOA/condo association rules

- Rental agreement CANNOT require tenant to pay rent to someone other than landlord in exchange for landlord fulfilling maintenance obligations - Prohibited: "Pay rent to X so I can afford to make repairs" - Ensures landlord fulfills maintenance duties regardless of tenant's rent payment

- Rental agreement cannot require tenant to pay landlord's attorney fees unless provision is reciprocal - If lease includes attorney fee clause, must allow prevailing party (landlord OR tenant) to recover fees - One-sided attorney fee clauses are VOID

If premises damaged by fire or casualty making unit uninhabitable: - Either party may terminate rental agreement immediately - Rent abates for uninhabitable period - Landlord must return prepaid rent, security deposit, and interest - Accounting occurs as of date of casualty - Tenant not liable for rent during uninhabitable period

- Report rental income on federal tax return (Schedule E) - Alaska has no state income tax - Keep records of income and expenses - Depreciation rules apply - May need to issue 1099s to contractors

- Rental property subject to local property taxes - Tax assessed by municipality - Rates vary by location - Some areas offer homestead exemption only for owner-occupied - Pay annually or as required by locality

Landlord CANNOT retaliate against tenant for: - Complaining to landlord about maintenance issues - Complaining to government agency about code violations - Organizing or joining tenant union - Asserting legal rights under Landlord-Tenant Act - Increasing rent - Decreasing services - Threatening eviction - Filing eviction action

Cannot discriminate based on: - Race - Color - Religion - National origin - Sex (including sexual orientation and gender identity) - Familial status (children under 18) - Disability - Marital status (Alaska state law)

- Must provide reasonable accommodations for tenants with disabilities - Examples: allowing service/support animals, accessible parking, modifications - Cannot charge pet deposit for service or support animals - Must engage in interactive process - Cannot ask about nature of disability

Service animal defined as: - Animal individually trained to do work or perform tasks - Directly related to person's disability (physical, sensory, psychiatric, intellectual, or mental) - CANNOT charge pet fees or deposits for service animals - Cannot refuse housing due to service animal - May ask: (1) Is animal required because of disability? (2) What work/task is animal trained to perform?

Active duty servicemembers may: - Terminate lease with proper notice (typically 30 days) - Requires copy of military orders - Protection from eviction in certain circumstances - Rent limitations in some cases - Federal law applies in Alaska

- Tenant entitled to peaceful, undisturbed use of premises - Landlord cannot substantially interfere with tenant's use - Excessive entry, harassment, or threats may violate right - Breach may constitute constructive eviction - Tenant may terminate lease or recover damages

- Not required by law but highly recommended - Protects both parties regarding security deposit disputes - Document condition with photos/video - Both parties should sign inspection report - Use at move-in and move-out

- Landlord liens on tenant's household goods NOT ENFORCEABLE unless perfected before January 1, 2007 - Landlord cannot hold tenant's belongings for unpaid rent - Must use court process to collect unpaid rent - Cannot seize tenant's property

- Lease CANNOT require tenant to pay landlord's attorney fees unless court-ordered - Prevailing party in lawsuit may recover attorney fees per court decision - Mutual attorney fee clauses allowed (both parties liable if lose) - One-sided clauses favoring landlord are VOID

Landlord must disclose in writing at or before tenancy commencement: - Name and address of person authorized to manage the property - Name and address of property owner or owner's agent (person authorized to act on behalf of owner for service of process) - Lead-based paint disclosure for pre-1978 housing (federal requirement)

Lease CANNOT contain provisions that: - Waive tenant's legal rights under Alabama Uniform Residential Landlord and Tenant Act - Permit confession of judgment against tenant - Require tenant to pay landlord's attorney fees or collection costs (unless court-ordered) - Limit landlord's or tenant's liability for failure to perform duties under the Act If landlord deliberately includes prohibited terms, tenant may sue for one month's rent plus reasonable attorney fees

- Week-to-week: 7 days' written notice to terminate - Month-to-month: 30 days' written notice to terminate - Fixed-term: Automatically converts to month-to-month unless parties agree otherwise or tenant holds over without landlord's consent

Notice requirements: - Fixed-term lease: No notice required; lease expires on end date - Week-to-week: 7 days' written notice - Month-to-month: 30 days' written notice Notice must be in writing and given at least the required time before termination

Tenants may terminate early for: - Fire or casualty damage: If dwelling materially damaged, tenant may immediately vacate and notify landlord within 14 days of intent to terminate - Active military duty: Federal SCRA protections apply - Uninhabitable unit: Tenant may terminate after providing proper notice of defects and landlord failing to cure Rent abates from date of casualty damage. Landlord must return security deposits and prepaid rent (minus deductions)

Landlord may enter dwelling unit for: - Inspections - Repairs - Showing to prospective tenants/buyers - Other legitimate business purposes Must give 2 days' notice and can only enter at reasonable times. Notice may be posted on main door stating intended time and purpose of entry.

If landlord makes repeated demands for entry that unreasonably harass tenant, tenant may: - Obtain injunctive relief to prevent recurrence - Terminate rental agreement - Recover actual damages not less than one month's rent plus reasonable attorney fees

- Landlord must give tenant 7 business days written notice to pay rent or quit - Notice must state amount of rent and late fees owed - If tenant pays within 7 business days, tenancy continues - If tenant doesn't pay or move out, landlord may file eviction lawsuit - Only district or circuit courts have jurisdiction

- Landlord must give 7 business days written notice to cure violation or quit - Notice must specify the violation - If tenant cures violation within 7 business days, tenancy continues - If same or similar violation occurs within 6 months of previous cured violation, landlord may give 7-day notice to quit without opportunity to cure - Maximum of 2 cures per 12-month period (with landlord consent for additional)

For material noncompliance affecting health and safety or intentional misrepresentation in application: - Landlord must give 14 days written notice specifying violation - Tenant has 14 days to cure - If not cured, landlord may file eviction - Examples: health/safety violations, unauthorized occupants, illegal activity

Landlord CANNOT recover possession by: - Removing tenant's belongings - Changing locks or blocking access - Shutting off utilities - Using force, threats, or intimidation Landlord must use court eviction process. Violation: Tenant may recover possession, actual damages not less than one month's rent, plus attorney fees

- District courts (for counties with district courts) or circuit courts have jurisdiction - Eviction actions get precedence in scheduling - Venue: County where property is located - NOT governed by small claims procedures (Title 6-6-8) - Must follow Alabama Rules of Civil Procedure

Prohibits discrimination based on: - Race - Color - National origin - Religion - Sex (including sexual orientation and gender identity per HUD) - Familial status (families with children under 18) - Disability Applies to all rental housing activities: advertising, screening, terms, conditions, eviction

Alabama law mirrors federal Fair Housing Act protections. Prohibits discrimination in: - Refusing to rent or sell - Setting different terms or conditions - Advertising with discriminatory language - Falsely claiming unit unavailable - Different treatment in services or facilities

Landlords must: - Allow reasonable modifications to units at tenant's expense - Make reasonable accommodations in rules/policies/services - Allow service animals and emotional support animals - Cannot charge pet fees/deposits for assistance animals - Cannot ask about nature of disability (may verify need for accommodation)

- Cannot refuse families with children under 18 - Cannot charge higher rent/deposits for children - Cannot use occupancy standards to discriminate - HUD guideline: 2 persons per bedroom generally reasonable - "Adults only" or "no children" policies ILLEGAL

Cannot publish ads that: - Express preference or limitation based on protected class - Examples of prohibited language: "perfect for professionals," "no children," "Christian community," "able-bodied" - Use neutral language - Avoid describing ideal tenant characteristics that suggest protected class

Complaints may be filed with: - HUD (U.S. Department of Housing and Urban Development) - Central Alabama Fair Housing Center: (334) 263-4663 - Fair Housing Center of Northern Alabama: (205) 324-0111 - Mobile Fair Housing Center: (251) 479-1532 - Private lawsuit in federal or state court Penalties: Compensatory and punitive damages, attorney fees, civil penalties up to $16,000 (first violation) to $65,000 (repeat)

Maximum fee is $30 for bounced rent checks.

- Pet deposits subject to same rules as security deposits - Additional security deposit allowed for pets beyond one month's rent limit - Non-refundable pet fees permitted if disclosed - EXCEPTION: Cannot charge fees for service animals or emotional support animals with proper documentation (ADA/FHA)

- Landlord must provide heat, water, hot water, and essential services as required - Cannot shut off utilities as self-help eviction - Lease should specify which utilities landlord vs. tenant pays - Violation: Tenant may recover damages or terminate lease

Landlord must: - Comply with building and housing codes affecting health and safety - Make all repairs to keep property safe and habitable - Keep common areas clean and safe - Maintain electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and kitchen facilities in safe working condition - Provide trash receptacles and removal - Supply running water and reasonable amounts of hot water

- Tenant must notify landlord of defects or conditions requiring repair - Notice must be in writing for formal complaints - Landlord has 14 days to remedy after notice - If landlord fails to remedy, tenant has several options including repair and deduct or termination

If landlord fails to comply with § 35-9A-204, tenant may: - Recover damages - Procure reasonable substitute housing (rent abatement) - After 14 days from notice, terminate rental agreement - Sue for specific performance Tenant must maintain rent payments

Alabama does NOT allow traditional "repair and deduct" remedy. Tenant cannot withhold rent for repairs. Tenant must continue paying rent but may pursue legal remedies including damages or termination after proper notice.

For housing built before 1978: - Landlord must disclose known lead-based paint hazards - Provide EPA pamphlet "Protect Your Family from Lead in Your Home" - Include disclosure language in lease - Provide 10-day opportunity for lead inspection Federal requirement applies in Alabama

Carbon monoxide detectors required in dwelling units with: - Fuel-burning appliances - Attached garages - Fireplaces Must be installed per manufacturer's instructions and tested regularly

- Landlord must provide working smoke detectors at commencement of tenancy - Tenant responsible for maintaining and replacing batteries (§ 35-9A-301) - Must comply with local fire codes for placement and number

- Must comply with Alabama Building Code - Local amendments may be stricter - Covers: structure, electrical, plumbing, HVAC, fire safety - Rental properties must meet code requirements - Certificate of occupancy may be required

- Adequate sanitation - Clean water supply - Proper sewage disposal - Pest control - Trash removal - Meets minimum health standards

- Property must be zoned for rental use - Occupancy limits based on zoning - May restrict number of unrelated occupants - Single-family vs. multi-family zoning Check with local planning/zoning department

- Property managers must hold active Alabama real estate license (salesperson or broker) - EXCEPTION: On-site apartment managers don't need license - EXCEPTION: Condominium managers MUST be licensed - Licensed companies must maintain trust accounts for client funds

To obtain salesperson license: - Age 19+ - U.S. citizen or lawfully present - High school graduate or equivalent - Complete 60-hour pre-license course - Pass state and national exam - Complete 30-hour post-license course within 6 months (active) or 1 year (inactive) - Work under supervising broker

- 15 hours CE required every 2 years - Renewal: August 31 of even years - CE completion: By September 30 of even years - Required courses: 3-hour Risk Management course (all licensees); 3-hour Broker CE (brokers only) - Additional 12 hours (salesperson) or 9 hours (broker) elective

Property managers should retain for 5-7 years: - Lease agreements - Rental applications - Security deposit records - Maintenance records - Financial records - Correspondence Licensed property managers have specific AREC requirements

Landlord CANNOT retaliate against tenant for: - Complaining to government agency about housing/building code violations affecting health and safety - Complaining to landlord about violations of § 35-9A-204 - Organizing or joining tenant union or similar organization Retaliation includes: increasing rent, decreasing services, threatening eviction, bringing eviction action

If retaliation found, tenant may: - Recover actual damages - Obtain injunctive relief - Use retaliation as defense to eviction - Continue tenancy

Maximum security deposit is one month's periodic rent. EXCEPTION: Landlord may demand additional deposit for: - Pets - Changes to the premises - Increased liability risks to landlord or premises

- Must return deposit with itemized list within 60 days after tenancy ends and delivery of possession - If deductions made, provide itemized list of amounts withheld - Tenant must provide valid forwarding address in writing - If tenant doesn't provide forwarding address, mail to last known address or property address

- Must provide itemized list of all amounts withheld - List must be in writing and delivered to tenant's forwarding address - Sent within 60-day period - Should detail each charge with description and amount

- If landlord fails to mail timely refund or accounting within 60 days, landlord must pay tenant DOUBLE the amount of original deposit - No additional requirement to prove bad faith - Automatic penalty for late return

- Service member may terminate lease with 30 days' notice if: - Receives PCS orders - Deploys for 90+ days - Rent protections and eviction protections available - Federal law supersedes state lease terms

- Rent control is EXPRESSLY PROHIBITED in Alabama - Local governments cannot enact rent control ordinances - No limits on rent increases (except timing/notice requirements) - Free market determines rent amounts

- Report rental income on federal and Arkansas tax returns - May deduct ordinary and necessary expenses - Depreciation allowed - Keep records of income and expenses - 1099 required if paying contractors $600+ annually - Security deposits not income unless/until applied to rent/damages

For housing built before 1978: - Provide EPA-approved lead paint disclosure form - Provide EPA pamphlet "Protect Your Family from Lead in Your Home" - Disclose known lead-based paint hazards - Provide 10-day period for lead inspection (for buyers) - Seller and agent must sign disclosure - Violations: Penalties up to $19,507 per violation

Rental agreements may be oral or written. While no specific mandatory disclosures are required by Arkansas law, landlords should disclose: - Lead-based paint information for pre-1978 housing (federal requirement) - Contact information for property owner or manager - Terms of tenancy and payment - Security deposit handling procedures

Lease agreements CANNOT contain provisions that: - Waive tenant's statutory rights - Hold tenant responsible for landlord's willful or negligent acts - Waive the landlord's obligation to maintain the premises per Act 1052 - Require tenant to pay landlord's attorney fees (unless reciprocal) - Are unconscionable or against public policy

Notice requirements for renewal or termination: - Fixed-term lease: No notice required; expires on end date - Month-to-month: 30 days' notice by either party - Week-to-week: 7 days' notice by either party - Fixed-term leases typically convert to month-to-month unless otherwise specified

Notice requirements for termination: - Fixed-term: Expires on end date; no notice required - Month-to-month: 30 days' written notice by either party - Week-to-week: 7 days' written notice by either party - For nonpayment: 5 days' notice before filing eviction (§ 18-17-701(b)) - For lease violation: 14 days' notice to remedy violation (§ 18-17-701(a))

Tenants may terminate early for: - Active military duty: Servicemembers Civil Relief Act (federal law) - Habitability failure: If landlord fails to meet Act 1052 standards after notice and 30-day cure period - Domestic violence: No specific Arkansas statute (unlike most states) - Landlord breach: Material breach of lease agreement Note: Arkansas has extremely limited tenant protections for early termination compared to other states.

Prohibits discrimination based on: - Race - Color - National origin - Religion - Sex (including sexual orientation and gender identity per HUD guidance) - Familial status (families with children) - Disability Applies to all aspects of rental housing: advertising, applications, terms, evictions

Arkansas law mirrors federal Fair Housing Act protections. Prohibits discrimination in: - Rental applications - Lease terms - Access to housing - Advertising - Eviction procedures Based on same protected classes as federal law.

Landlords must: - Allow reasonable accommodations (policy changes) - Allow reasonable modifications (physical changes at tenant expense) - Cannot charge pet fees for service/assistance animals - Cannot deny housing based solely on disability - Cannot ask about nature/severity of disability - May ask for verification of disability and need for accommodation

- Must allow service animals and emotional support animals as reasonable accommodation - CANNOT charge pet fees, deposits, or rent for assistance animals - May require documentation of disability and need - May deny if animal poses direct threat to health/safety or would cause substantial property damage - Breed/size/weight restrictions do not apply to assistance animals

- Cannot discriminate against families with children under 18 - Cannot have "adults only" policies (except qualified senior housing) - Cannot impose different terms/conditions on families - Cannot advertise preference for no children - Occupancy standards must be reasonable

- Landlord must provide 5 days' written notice to pay rent or vacate - If tenant fails to pay within 5 days, landlord may file eviction complaint - UNIQUE TO ARKANSAS: Nonpayment is also a criminal offense under "failure to vacate" statute (§ 18-16-101) - Criminal penalties: Misdemeanor; up to 90 days jail and/or $1,000 fine

- Landlord must provide 14 days' written notice specifying violation - Notice must state lease will terminate if violation not remedied within 14 days - If tenant remedies violation, lease continues - If not remedied, landlord may file eviction complaint - For repeated violations: Landlord may terminate lease without opportunity to cure

Arkansas eviction process: 1. Notice: 5 days (nonpayment) or 14 days (lease violation) 2. Complaint: File with court; must include affidavit 3. Summons: Court issues "Show Cause" order; tenant has 10 days to respond 4. No response: Court issues writ of possession; sheriff gives tenant 24 hours to vacate 5. Response: Court holds hearing; evidence presented 6. Judgment: Court decides; writ of possession if landlord wins 7. Removal: Sheriff enforces writ; may arrest if tenant refuses to leave

- Alternative eviction procedure for holdover tenants - Requires 3 days' written notice to vacate - If tenant doesn't vacate, landlord files complaint - Tenant has 5 days to object in writing - Faster process than residential landlord-tenant eviction

- Landlords CANNOT engage in self-help eviction: - Lockouts - Utility shutoffs - Removing tenant's possessions - Threats or harassment - Must use legal eviction process - Damages evaluated case-by-case by courts - Tenant may sue for wrongful eviction

- Court issues writ of possession after eviction judgment - Sheriff serves writ on tenant - Tenant has 24 hours to vacate - If tenant doesn't vacate, sheriff may place tenant under arrest - Sheriff removes tenant and possessions if necessary

Licensed property managers must: - Maintain separate trust account for each client (or pooled with proper accounting) - Deposit all rent and security deposits within reasonable time - Never commingle with personal/business funds - Detailed accounting required - Monthly reconciliation - Available for AREC audit

- Pet deposits count toward 2-month rent maximum (§ 18-16-304) - Non-refundable pet fees permitted if disclosed - Monthly pet rent permitted - CANNOT charge fees for service animals or emotional support animals with proper documentation - Reasonable pet policies allowed

- Landlord must provide: - Hot and cold running water - Potable drinking water - Available electricity (if available at lease start) - Cannot shut off utilities as self-help eviction - Lease should specify which utilities tenant vs. landlord pays - Violation: Tenant's only remedy is to vacate after notice and 30-day cure period

As of November 1, 2021, landlords must provide: - Sound structure sufficient to be weatherproof and waterproof - Available source of hot and cold running water - Potable drinking water - Available electricity (if electricity served premises at lease start) - Sanitary sewer system and plumbing conforming to applicable codes - Functioning heating and air conditioning (to extent system served premises at lease start)

Landlords must: - Comply with applicable housing and building codes - Make repairs to maintain premises in habitable condition per Act 1052 - Maintain common areas - Maintain heating, cooling, electrical, and plumbing systems - Respond to tenant repair requests within reasonable time - After written notice, landlord has 30 days to remedy Act 1052 violations

Arkansas provides EXTREMELY LIMITED tenant remedies: - ONLY remedy: Provide written notice (certified mail recommended) - Landlord has 30 days to remedy - If not remedied, tenant may terminate lease and vacate without penalty - Tenants CANNOT: - Sue to compel repairs - Withhold rent - Repair and deduct - Sue for damages while remaining in unit Arkansas is the only state with such limited remedies.

- Property must be zoned for rental use - Occupancy limits based on zoning - Check for restrictions on: - Number of unrelated occupants - Parking requirements - Short-term rentals - Accessory dwelling units - Illegal use can result in fines or eviction orders

Licensed property managers must retain for 5 years: - Lease agreements - Written offers - Bank statements - Property management agreements - Tenant ledgers - Correspondence - Maintenance records - Security deposit records Best practice: Retain all records for 5-7 years.

- Protect tenant personal information: - Social Security numbers - Bank account information - Credit reports - Background checks - Secure storage (physical and digital) - Limit access to authorized personnel - Shred or securely delete when no longer needed - Comply with federal data breach notification laws

- Cannot publicly post or display Social Security numbers - Must protect SSN from unauthorized access - Cannot require SSN on public-facing documents - Limit collection to legitimate business need - Secure storage required - Proper disposal required

- Securely dispose of records containing personal information - Methods: - Shredding (physical documents) - Secure deletion (electronic files) - Certified destruction service - Applies to: - Credit reports - Applications - Background checks - Personal identifying information

Property managers must hold Arkansas real estate broker or salesperson license to: - Lease or rent property for others - List property for rent - Collect rent for others - Advertise rental property for others - Negotiate leases for others - Broker: 60 hours education + 24 months experience + exam - Salesperson: 60 hours education + exam; must work under broker

Property managers must: - Maintain separate trust account for client funds - Deposit all security deposits and rent into trust account - Keep detailed records of all transactions - Reconcile accounts monthly - Never commingle personal/business funds with trust funds - Maintain records for 5 years

- Must have written management agreement with property owner - Agreement must include: - Compensation/fee structure - Scope of authority - Duration of agreement - Duties and responsibilities - Termination procedures - Both parties must sign and date - Copy provided to owner

- Active licensees must complete 7 hours continuing education annually - Courses must be approved by Arkansas Real Estate Commission - License becomes inactive if CE not completed by renewal date - Records maintained by education providers and AREC

- All property management activities must be supervised by principal broker - Salespersons must work under licensed broker - Broker responsible for all actions of salespersons - Broker must review and approve contracts - Broker must maintain trust accounts

- Smoke detectors required (see Rule 73) - Fire extinguishers recommended but not required (check local codes) - Clearly marked exits - Unobstructed egress - Local fire codes may impose additional requirements - Multi-family buildings subject to stricter requirements

- Landlords must comply with applicable building and housing codes - Codes vary by jurisdiction - May include: - Structural requirements - Electrical codes - Plumbing codes - Mechanical codes - Certificates of occupancy may be required - Inspections required in some jurisdictions

- Swimming pools must comply with safety requirements: - Fencing/barriers (typically 4-6 feet high) - Self-closing, self-latching gates - No direct access from residence (without barriers) - Hot tubs/spas: Safety covers or barriers - Liability considerations - Regular maintenance required - Check local ordinances for additional requirements

- May screen applicants for: - Credit history - Rental history - Criminal background - Employment/income - Must comply with FCRA: - Get written consent - Provide adverse action notice if denied - Dispose of reports securely - Must comply with Fair Housing Act: - Apply criteria consistently - No blanket criminal history bans - Individualized assessment

- May conduct criminal background checks - CANNOT have blanket ban on all criminal convictions - Must consider: - Nature and severity of offense - Time elapsed since conviction - Evidence of rehabilitation - Denial must be based on legitimate safety concern - Document business justification for denial

- Must get written consent before pulling credit - If denying based on credit, must provide: - Adverse action notice - Credit reporting agency information - Copy of credit report if requested - Protect tenant credit information - Dispose of reports securely - May charge reasonable application fee to cover cost

- If denying application, must provide notice - If based on credit report: - Adverse action notice required - Must provide credit agency information - Cannot deny based on protected class - Document legitimate business reason for denial - Provide opportunity to correct inaccurate information

MAXIMUM: 2 months' rent - Applies to all security deposits, however denominated - Includes pet deposits - Pet fees + security deposit together cannot exceed 2 months' rent

- Must return deposit within 60 days after tenant vacates - If deductions made, must provide itemized list of damages and charges - May deduct for: - Unpaid rent - Damages beyond normal wear and tear - Other charges per lease agreement - Failure to return within 60 days: Tenant may recover deposit plus 2x the wrongfully withheld amount plus attorney fees

May deduct for: - Unpaid rent - Damages beyond normal wear and tear - Cleaning costs if property not reasonably clean - Unpaid utilities if tenant responsible per lease - Other charges specified in lease agreement Cannot deduct for: - Normal wear and tear - Pre-existing damage - Ordinary depreciation

- Must provide itemized list of deductions - List must include specific damages and associated costs - Receipts not required by statute but recommended - Must be provided within 60-day return period - Failure to itemize may result in forfeiture of deduction right

- Tenant may recover: - Any property or money owed - Damages equal to 2x the amount wrongfully withheld - Attorney's fees - Other reasonable costs - Applies if landlord fails to return deposit or provide itemized list within 60 days - Small claims court appropriate venue

- Section 8 vouchers: Follow HUD requirements - Landlords may participate voluntarily - Must accept vouchers if participating - HUD inspections required - Rent limits apply - Special rules for lease violations and evictions

- May restrict to 55+ residents if: - At least 80% of units have one person 55+ - Published policies demonstrate intent - Verification procedures in place - Must meet HUD requirements for exemption - Cannot discriminate within other protected classes

- Required in all rental units - Must be installed per manufacturer specifications - Must be maintained in working condition - Tenant responsible for replacing batteries (unless hardwired) - Arkansas does not mandate CO alarms in all rentals - Recommended for units with fuel-burning appliances or attached garages - Some local ordinances may require

- Pre-1980 buildings may contain asbestos - If asbestos present: - Disclose to tenants if known - Do not disturb during repairs - Use certified contractors for removal - EPA regulations apply to large renovation/demolition - Liability for asbestos exposure

Landlord must disclose in writing: - Name and address of person authorized to manage the property - Name and address of property owner or owner's agent - Notice that copies of Arizona Residential Landlord and Tenant Act are available free from Arizona Secretary of State - Lead-based paint disclosure for pre-1978 housing (federal requirement) - Pool safety notice if property has pool access (A.R.S. § 36-1681(E))

Rental agreements may be oral or written. Agreements for one year or more MUST be in writing per Arizona's Statute of Frauds. Written leases are strongly recommended for enforceability. Landlord must provide signed copy of lease to tenant at move-in.

Lease CANNOT contain provisions that: - Waive or forego tenant's rights under the Arizona Residential Landlord and Tenant Act - Authorize confession of judgment - Require tenant to pay landlord's attorney fees (unless reciprocal) - Limit landlord's liability for statutory violations - Agreement is unconscionable (A.R.S. § 33-1312)

- Fixed-term leases: Automatically convert to month-to-month unless parties agree otherwise or provide proper termination notice - Month-to-month: Continues until either party provides 30 days written notice - Week-to-week: Continues until either party provides 10 days written notice

Notice requirements for termination: - Fixed-term lease: No notice required; lease expires on end date - Month-to-month: 30 days written notice prior to the periodic rental date - Week-to-week: 10 days written notice prior to the termination date

Tenants may terminate early for: - Domestic violence or sexual assault: With protective order and written notice (A.R.S. § 33-1318) - Active military duty: Servicemembers Civil Relief Act (federal law) - Uninhabitable unit: 10 days notice (5 days if health/safety issue) (A.R.S. § 33-1361) - Fire or casualty damage: Impaired enjoyment allows termination (A.R.S. § 33-1371)

For pre-1978 housing: - Provide EPA pamphlet "Protect Your Family from Lead in Your Home" - Disclose known lead-based paint and hazards - Provide records/reports of lead-based paint - Include specific language in lease - Provide 10-day period for inspection (sales only)

Must disclose in writing: - Name and address of owner or person authorized to manage property - Owner or owner's agent authorized to receive notices and demands - Information must be kept current

Landlord must give tenant notice that copies of the Arizona Residential Landlord and Tenant Act are available free from the Arizona Secretary of State.

For properties with pool access, landlord must provide tenant with pool safety notice regarding drowning prevention and barriers.

If property is in foreclosure: - Bona fide tenants entitled to 90 days notice before eviction - Fixed-term leases may be honored through term (with exceptions) - New owner must honor existing leases

If utilities are submetered or allocated: - Must disclose utility allocation method in writing - Must comply with specific requirements for submetering and allocation - Cannot charge more than actual utility costs

Landlord may enter to: - Inspect premises - Make necessary or agreed repairs, decorations, alterations, improvements - Supply necessary or agreed services - Exhibit dwelling to prospective purchasers, mortgagees, tenants, workmen, contractors

- Standard notice: At least 2 days notice of intent to enter - Must enter only at reasonable times - Emergency: May enter without notice - Impracticable situations: May enter without notice - After tenant maintenance request: No separate notice required (A.R.S. § 33-1343(B))

- Landlord shall not abuse right to access or use it to harass tenant - If landlord makes unlawful entry or repeated demands that harass tenant: - Tenant may obtain injunctive relief - Tenant may terminate rental agreement - Tenant may recover actual damages (minimum of one month's rent)

Tenant shall not unreasonably withhold consent to landlord entry for lawful purposes. Unreasonable denial can be grounds for eviction.

- Landlord cannot willfully exclude tenant from premises (lockout) without proper eviction process - Cannot change locks to prevent tenant access - Violation allows tenant to recover possession and damages (not more than 2 months rent or twice actual damages) - Must follow proper eviction procedures

- 5-day notice: Tenant has 5 calendar days to pay rent or vacate - Notice must specify amount owed - If tenant pays within 5 days, rental agreement continues - If not paid, landlord may file special detainer action (eviction)

- 10-day notice: For material noncompliance with rental agreement - Notice must specify the breach - Tenant has 10 days to remedy - If breach affects health/safety: 5-day notice (or less if emergency) - If not remedied, landlord may terminate rental agreement

- 10-day notice if tenant materially falsified information on rental application (criminal record, eviction history, current criminal activity) - Landlord may terminate rental agreement with 10-day notice - No cure period for falsification

Immediate lease termination allowed for: - Illegal discharge of weapon - Homicide (A.R.S. §§ 13-1102 through 13-1105) - Prostitution (A.R.S. § 13-3211) - Criminal street gang activity (A.R.S. § 13-105) - Activity prohibited in A.R.S. § 13-2308 - Manufacturing, selling, transferring, possessing, using or storing controlled substances (A.R.S. § 13-3451) - Threatening or intimidating (A.R.S. § 13-1202) - Assault (A.R.S. § 13-1203) - Acts constituting a nuisance (A.R.S. § 12-991) - Breach jeopardizi

For material and irremediable breaches: - 5-day notice if affects health and safety - 10-day notice for other irremediable breaches - No cure period; notice is for termination only - Landlord may proceed with eviction after notice period

- If landlord accepts partial payment without written agreement, waives right to terminate for that breach - To preserve eviction rights: Must have written agreement stating terms and conditions before accepting partial payment - Agreement must specify when remainder is due and any other terms

- Must provide proper notice (5-day or 10-day) - File Special Detainer action in justice court - Serve summons and complaint on tenant - Court hearing (typically 3-6 days after service) - If landlord wins: Writ of Restitution issued - Constable executes eviction (typically 5 days after writ)

If tenant remains in possession without consent after lease expiration or termination: - Landlord may bring action for possession - If holdover is willful and not in good faith: Landlord may recover up to 2 months' rent or twice actual damages (whichever is greater)

Abandonment presumed if: - Tenant absent for 7+ days - Rent unpaid for 10+ days after due date - No reasonable evidence tenant is occupying (besides personal property) Landlord may retake possession after proper notice and procedures.

Cannot discriminate based on: - Race - Color - National origin - Religion - Sex (including sexual harassment) - Familial status (families with children under 18) - Disability

Arizona law also prohibits discrimination based on same federal protected classes. Additional state protections mirror federal requirements.

- Must provide reasonable accommodations for disabled tenants - Must allow reasonable modifications (tenant pays) - Cannot charge pet fees/deposits for assistance animals - Must engage in interactive process for accommodation requests

- Must allow service animals and emotional support animals - Cannot charge pet fees or deposits for assistance animals - May require documentation of disability and need - Cannot ask about specific disability - Animal must not pose direct threat or cause substantial property damage

- Cannot refuse to rent to families with children - Exception: Housing for older persons (55+ communities with HUD exemption) - Cannot have different terms/conditions for families with children - State occupancy limit: 2 persons per bedroom (reasonable occupancy standard)

- Cannot advertise in discriminatory manner - Cannot indicate preference, limitation, or discrimination - Use of Equal Housing Opportunity logo/statement recommended - Applies to all advertising media

- Screening criteria must be applied consistently to all applicants - Cannot use criteria that have discriminatory effect - Criminal background checks must comply with HUD guidance - Credit, income, rental history criteria must be objective and applied uniformly

- Pet deposits subject to same 1.5 months rent limit as security deposit - Non-refundable pet fees permitted if disclosed - Pet rent (monthly) is permitted - EXCEPTION: Cannot charge fees for service animals or emotional support animals with proper documentation (federal law)

- Landlord must supply running water and reasonable amounts of hot water at all times - Must provide reasonable heat and air-conditioning where installed, when required by seasonal weather conditions - Cannot shut off utilities as form of eviction (A.R.S. § 33-1364) - Lease should specify which utilities tenant vs. landlord pays - Submetering and utility allocation permitted under A.R.S. § 33-1314.01

- Having unauthorized occupants is material breach of rental agreement - 10-day notice to cure (remove unauthorized occupants or add to lease) - If not remedied, landlord may terminate rental agreement

- State standard: 2 persons per bedroom - May vary based on size of bedrooms, age of occupants, and local codes - Must comply with fair housing laws regarding familial status - Cannot discriminate against families with children

- Tenants not victims of domestic violence may be released from lease obligations - Remaining tenants may enter new lease if they meet application requirements - Abuser named in protective order may be held solely liable for remaining lease obligations

Landlord must: 1. Comply with applicable building codes affecting health and safety 2. Make all repairs and do whatever necessary to keep premises fit and habitable 3. Keep all common areas clean and safe 4. Maintain electrical, plumbing, sanitary, heating, ventilating, A/C and other facilities in good working order 5. Provide appropriate trash receptacles and arrange for removal 6. Supply running water, reasonable hot water, heat, and A/C where installed

Tenant must: - Keep dwelling unit clean and safe - Dispose of trash properly - Keep plumbing fixtures clean - Use facilities reasonably - Not deliberately or negligently destroy, damage, or remove any part of premises - Comply with building codes regarding conduct - Notify landlord of need for repairs - Conduct themselves so as not to disturb neighbors

- Standard repairs: Landlord has 10 days to remedy after written notice - Health/safety issues: Landlord has 5 days to remedy after written notice - Emergency repairs: Must be done as promptly as conditions require - Minor defects: Tenant may use self-help if cost is under $300 or half month's rent (whichever is greater)

If landlord deliberately or negligently fails to supply running water, gas, electrical service, hot water, heat, or A/C, tenant may: - Obtain services and deduct actual cost from rent - Recover damages - Terminate rental agreement Landlord cannot terminate utilities as form of eviction.

Landlord must maintain premises in fit and habitable condition. Significant mold affecting health and safety must be remedied. Tenant should notify landlord in writing and document conditions.

For pre-1978 housing: - Must provide EPA-approved lead paint disclosure - Must provide EPA pamphlet "Protect Your Family from Lead in Your Home" - Must disclose known lead-based paint and hazards - 10-day period for lead inspection (sales only)

If asbestos present and creates health hazard, landlord must disclose and remediate. Subject to EPA regulations for removal and disposal.

- Landlord must install smoke alarms in accordance with building codes - Must provide working smoke alarms at move-in - Tenant responsible for testing and maintaining (replacing batteries) - Specific requirements vary by local building codes

For residential dwelling units with fuel-burning appliances or attached garage: - Must install carbon monoxide alarm in accordance with building codes - Landlord must ensure proper installation and initial operation - Tenant responsible for testing and maintaining

- Phoenix: Rental registration program, property maintenance codes - Tucson: Rental licensing and inspection program - Scottsdale: Property maintenance codes - Tempe: Rental licensing requirements - Many cities have additional health and safety codes Always check local city/county requirements.

- Property must be zoned for rental use - Occupancy limits based on zoning - Short-term rental restrictions vary by locality - Check local planning/zoning codes

- Landlord must comply with applicable building codes affecting health and safety - Fire codes (exits, extinguishers, alarms) - Electrical codes - Plumbing codes - Structural codes - Local codes vary by jurisdiction

- Must allow service animals for disabled individuals - Must allow emotional support animals with proper documentation - Cannot charge pet deposits or fees - Cannot enforce breed/size restrictions for assistance animals - Animal must not pose direct threat

- Property managers who manage property for others for compensation must hold active Arizona real estate license (salesperson or broker) - Exception: Person managing own property or employee of single owner - Must comply with Arizona Department of Real Estate regulations

- Brokers must maintain trust account for tenant security deposits and other tenant funds - Must keep accurate records - Cannot commingle client funds with personal/business funds - Subject to Arizona Department of Real Estate audit

Must retain for 5 years: - Lease agreements - Security deposit records - Rent payment records - Maintenance records - Financial statements - Trust account records

- Must provide signed copy of lease to tenant - Retain copy for records (recommended 5-7 years) - Include all required disclosures - All parties must sign - Any modifications should be in writing

Maintain records of: - Amount received and date - Move-in inspection report - Move-out inspection report - Itemized deduction list - Proof of refund/deductions sent to tenant Retain for 5-7 years.

- Move-in: Provide damage checklist to tenant - Move-out: Conduct inspection and document condition - Photo documentation recommended - Both parties should sign inspection reports

Maintain for federal tax purposes: - Rental income records - Expense documentation - Depreciation schedules - 1099 forms issued to contractors Retain for 7 years per IRS guidelines.

- Maximum: One and one-half (1.5) months' rent - Does not prohibit tenant from voluntarily paying more than 1.5 months in advance - Mobile Homes: Maximum 2 months' rent (A.R.S. § 33-1431)

- Timeline: Within 14 business days (excluding Saturdays, Sundays, legal holidays) after termination of tenancy and delivery of possession - Must provide itemized list of all deductions with amount due - Must mail to tenant's last known address unless other arrangements made in writing - Tenant has 60 days to dispute deductions; if no dispute, amount is deemed valid and final

- Must provide itemized list of all deductions - Must include amount due and payable to tenant, if any - List must be provided within 14 business days - Failure to comply: Tenant may recover twice the amount wrongfully withheld (A.R.S. § 33-1321(E))

- Landlord must provide tenant with move-in form for specifying existing damages - Must provide written notification that tenant may be present at move-out inspection - On tenant's request, landlord must notify tenant when move-out inspection will occur - Exception: If evicting for material breach and landlord fears violence, no obligation for joint inspection

If landlord fails to comply with return requirements, tenant may recover property and money due together with damages equal to twice the amount wrongfully withheld.

The holder of the landlord's interest in the premises at the time of termination of tenancy is bound by security deposit requirements. If property is sold, new owner assumes security deposit obligations.

- Separate Arizona Mobile Home Parks Residential Landlord and Tenant Act applies - Different rules for security deposits (max 2 months rent with 5% interest) - 30-day notice to change rules or fees - Special provisions for park closures - 5-day grace period for late fees

- Section 8 vouchers: Follow HUD requirements - LIHTC properties: Federal tax credit compliance - Public housing: Federal regulations apply - Must comply with both federal requirements and Arizona landlord-tenant law

- May restrict to 55+ residents if meet federal requirements - At least 80% of units must have one person age 55+ - Must publish and follow policies demonstrating intent - Cannot discriminate within other protected classes

Landlord cannot retaliate (evict, increase rent, decrease services) because tenant: - Complained to governmental agency about code violations - Complained to landlord about violations of § 33-1324 (habitability) - Organized/joined tenant union Presumption of retaliation if action taken within 6 months of tenant's protected activity.

Tenant who is domestic violence or sexual assault victim may: - Terminate lease with written notice and protective order - Request lock changes (landlord must comply within 2 business days or tenant may change locks) - Refuse landlord entry if fear for safety - Not be liable for early termination penalties - Security deposit cannot be withheld for early termination under this section

- Landlord must give 2 days notice before entry (except emergencies) - Cannot abuse right of access or use it to harass - Tenant may obtain injunctive relief and damages for violations - Minimum damages: One month's rent

- Tenant entitled to peaceful possession and quiet enjoyment - Landlord cannot willfully prevent tenant from access - Cannot interrupt essential services - Violations allow tenant to terminate, recover possession, and damages

Tenant CANNOT withhold rent unless authorized by the Arizona Residential Landlord and Tenant Act. Authorized withholding includes: - Utility failure (A.R.S. § 33-1364) - After using self-help repairs procedure (A.R.S. § 33-1363) Unauthorized withholding is grounds for eviction.

- Tenants have right to organize or join tenant unions - Landlord cannot retaliate for tenant organizing activities - Retaliation presumed if adverse action taken within 6 months

Landlord may enter ONLY for:; Emergency; Necessary or agreed repairs, decorations, alterations, improvements; Supply necessary or agreed services; Exhibit unit to prospective/actual purchasers, mortgagees, tenants, workers, contractors; When tenant has abandoned or surrendered premises; Pursuant to court order; Pre-move-out inspection per § 1950.5(f); Landlord may NOT abuse right of access or use it to harass tenant; These are the ONLY permissible reasons; routine inspections without tenant cons

; Must give **reasonable written notice** (24 hours presumed reasonable); Notice must include: date, approximate time, and purpose of entry; Entry only during **normal business hours**; Notice delivery: personally, left with person of suitable age, left on/near door, or mailed (6 days if mailed); For showing to buyers: oral notice OK if landlord gave written notice of sale within 120 days; must leave written evidence of entry inside unit; Tenant and landlord may agree orally to entry for repairs

; No notice required in case of emergency; Emergency includes: fire, flood, gas leak, burst pipe, threat to safety; No notice required when tenant has abandoned or surrendered premises; Should document the emergency and actions taken

; Landlord may NOT abuse right of access to harass tenant; Cannot change locks to keep tenant out (Cal. Civ. Code § 789.3); Cannot shut off utilities, remove doors/windows, or remove tenant's property; Penalty for lockout/utility shutoff: actual damages plus $100/day (minimum $250 per violation); Tenant has right to quiet enjoyment; Excessive or unreasonable entries may constitute harassment

Required disclosures that must be provided at lease signing:; Lead-based paint disclosure (pre-1978 properties); Federal law 42 U.S.C. § 4852d; Mold disclosure; Health & Safety Code § 26147; Flood zone disclosure; Government Code § 8589.45; Death on property (past 3 years); Cal. Civ. Code § 1710.2; Ordnance location/former military base; Cal. Civ. Code § 1940.7; Pest control company information; Cal. Bus. & Prof. Code § 8538; Bedbugs information booklet; Cal. Civ. Code § 1954.603; Shared utility

**Translation Requirements:** If lease negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, landlord must provide translated lease before signing (Cal. Civ. Code § 1632) **Prohibited Clauses (CANNOT be included in lease):**; Waiver of warranty of habitability (Cal. Civ. Code § 1942.1); Confession of judgment clause (allows landlord to sue without notice); Waiver of right to jury trial; Agreement to pay landlord's attorney fees without reciprocal tenant right; Waiver of repair and dedu

Common required or recommended addendums:; **Lead-Based Paint Addendum** (required for pre-1978 housing); 42 U.S.C. § 4852d Link: https://www.epa.gov/lead/real-estate-disclosures-about-potential-lead-hazards; **Pet Addendum** (if pets allowed); Cal. Civ. Code § 1942.7 prohibits declaw/devocalize requirements; **Bedbug Addendum/Information** (required); Cal. Civ. Code § 1954.603; **Mold Information** (required); Health & Safety Code § 26147; **HOA Rules** (if applicable); provide copy of HOA CC&R

; **Month-to-Month:** Automatically renews monthly unless either party gives proper notice; **Fixed-Term Lease:** Converts to month-to-month at expiration unless:; New lease signed, or; Either party gives notice of non-renewal **Notice Requirements for Termination:**; **Landlord:** 30 days if tenant lived there less than 1 year; 60 days if 1 year or more (Cal. Civ. Code § 1946.1); **Tenant:** 30 days regardless of tenancy length (Cal. Civ. Code § 1946); **AB 1482 Properties:** Just cause require

**AB 1482 JUST CAUSE EVICTION (applies to most properties 15+ years old):** Landlord MUST have "just cause" to terminate tenancy after:; All tenants have occupied unit for 12+ months, OR; At least one tenant has occupied unit for 24+ months **At-Fault Just Causes (no relocation assistance):** 1. Nonpayment of rent 2. Breach of material lease term 3. Nuisance, waste, or illegal activity 4. Refusal to sign new lease with same terms after expiration 5. Unapproved sublease/assignment 6. Refusal to a

**Tenant Rights to Break Lease:** 1. **Active Military Duty (SCRA)**; Federal law, 50 U.S.C. § 3955; Servicemember receives PCS orders or deployment 90+ days; 30-day written notice required Link: https://www.justice.gov/servicemembers/servicemembers-civil-relief-act-scra 2. **Domestic Violence**; Cal. Civ. Code § 1946.7; Victim of domestic violence, sexual assault, stalking, human trafficking, elder/dependent abuse; 30-day written notice with documentation (restraining order, police report, etc.

; **3-day written notice** to pay rent or quit; Must state exact amount of rent due; Must not include late fees, utilities, or other charges (rent only); Must be properly served (personal, substituted service, or posting + mailing); If tenant pays within 3 days, landlord cannot proceed with eviction; Grace period required by some local ordinances

; **3-day notice to perform or quit** for curable lease violations; Must describe the violation with specificity; Must give tenant opportunity to cure within 3 days; **3-day unconditional notice to quit** for: illegal activity, nuisance, waste, subletting without permission, assigning without permission; For AB 1482 covered units: must cite specific just cause reason

**AB 1482 Covered Units (most rental housing after 12 months):**; No-cause termination NOT permitted; must have "just cause"; "At-fault" just cause: nonpayment, lease violation, nuisance, criminal activity, refusal to sign comparable lease, denial of entry, subletting without permission, failure to vacate after notice; "No-fault" just cause: owner move-in, demolition/removal from market, substantial remodel, compliance with government order; No-fault requires: 60-day notice + relocation assistan

; Must serve proper notice first (3-day, 30-day, or 60-day); File Unlawful Detainer complaint in Superior Court after notice period expires; Court filing fees: $240-$450 depending on amount; Tenant has **10 business days** to respond (extended from 5 days by AB 2347, effective Jan 1, 2025); If tenant responds: trial set within 20 days; If tenant doesn't respond: default judgment; Only sheriff/marshal can execute physical eviction; Tenant may request jury trial

; Landlord CANNOT:; Change/add locks to exclude tenant; Remove outside doors or windows; Shut off utilities (gas, water, heat, electricity, telephone); Remove tenant's personal property; **Penalty:** Actual damages PLUS $100 per day for each day of violation (minimum $250 per violation); Plus reasonable attorney fees; Criminal penalties may also apply

Tenant may raise:; Retaliation (within 180 days of protected activity); Breach of warranty of habitability; Improper notice (wrong notice period, incorrect amounts, improper service); Discrimination based on protected class; Failure to cite just cause (AB 1482 covered units); Waiver (landlord accepted rent after knowledge of violation); Self-help eviction by landlord; COVID-19 protections (check current status)

; 3-day unconditional quit notice for:; Using premises for unlawful purpose; Maintaining, committing, or permitting nuisance; Committing waste on premises; Illegal drug manufacturing on premises; No opportunity to cure required; Still must go through court process (no self-help)

; After lawful eviction, landlord must follow specific procedures for abandoned property; Personal property valued over $700: store for 18 days after mailing written notice, then may sell at public sale; Property valued under $700: store for 18 days, then may keep, sell, or dispose of; Must mail notice to tenant's last known address describing the property and deadline; Landlord entitled to reasonable storage costs; Cannot simply discard tenant property without following these rules

**California Protected Classes (broader than federal):**; Race, color, national origin, religion, sex; Familial status, disability (federal + state); Marital status (state); Sexual orientation (state); Gender identity/expression (state); Source of income (state; includes Section 8); Genetic information (state); Citizenship/immigration status (state); Primary language (state); Age (state); Veteran/military status (state); Arbitrary discrimination (Unruh Civil Rights Act)

; Must make reasonable accommodations for tenants with disabilities; Must allow reasonable modifications to premises at tenant's expense; Cannot increase deposit for disability-related modifications; Must engage in interactive process with tenant; Includes: allowing service animals/ESAs, reserved parking, grab bars, ramps; Denial only if undue financial/administrative burden or fundamental alteration

; Cannot discriminate against families with children; Cannot impose different terms, conditions, or occupancy standards based on children; Cannot restrict families to certain units/buildings; Senior housing exemption: 62+ or 55+ communities with published policies; Occupancy standards must be reasonable (HUD: 2 persons per bedroom guideline)

; California PROHIBITS discrimination based on source of income; Landlords MUST accept Section 8/Housing Choice Vouchers; Cannot refuse to rent or impose different terms based on source of income; "Source of income" includes: government assistance, Section 8, VASH vouchers, child support, social security; Cannot advertise "no Section 8" or similar restrictions; Effective January 1, 2020

; California PROHIBITS landlords from:; Disclosing or threatening to disclose immigration status to authorities; Threatening to report immigration status to intimidate tenant; Using immigration status as basis for different treatment; Cannot retaliate against tenant based on immigration status; Violation: actual damages, attorney fees, civil penalty of $2,000-$10,000 per violation; Applies regardless of actual immigration status

; **Rent Amount:** No limit on initial rent (except rent-controlled cities); **Due Date:** Typically 1st of month unless specified otherwise in lease; **Grace Period:** California law does NOT require grace period; any grace period is at landlord's discretion; **Payment Method:**; Landlord may require specific method (check, money order, online); CANNOT require electronic payment only (Cal. Civ. Code § 1947); Must accept at least one non-electronic form of payment; **Late Fees:** See Category 10

**AB 1482 RENT CAP (properties 15+ years old, with exceptions):**; Annual rent increase LIMITED to **5% + regional CPI or 10%, whichever is lower**; 12-month period measured from last increase; Calculated on lowest gross rent charged in prior 12 months; Vacancy decontrol: Can set to market rate when ALL original tenants vacate; No banking of unused increases; Maximum 2 increases in 12-month period (combined cannot exceed cap) **2025 Regional CPI Rates (April 2024 to April 2025):**; Los Angeles-L

; **Maximum Fee:** Adjusted annually by CPI; as of 2024-2025: $62.96 (changes yearly); **Actual Costs Only:** Fee cannot exceed actual out-of-pocket screening costs plus reasonable value of landlord's time; **No Vacancy Required:** Cannot charge application fee if no current vacancy; **Receipt Required:** Within 48 hours, landlord must provide written receipt itemizing:; Actual costs for obtaining credit report; Actual costs for obtaining personal references; Actual costs for other checks (renta

**IMPORTANT:** California law treats ANY move-in fee, deposit, or payment as part of SECURITY DEPOSIT limit; **No Separate "Move-In Fees":** Cannot charge administrative fees, cleaning deposits, move-in fees separate from security deposit; **All Fees Count Toward Security Deposit Cap:**; As of July 1, 2024: 1 month's rent (for most properties); Small Landlord Exception (2 months): Owner is natural person or LLC with all natural person members, AND owns ≤2 properties with ≤4 total units

**Pet Deposits/Fees:**; All pet deposits COUNT toward security deposit maximum (see Category 13); **Refundable Pet Deposit:** Part of security deposit; subject to same rules; **Non-Refundable Pet Fee:** NOT ALLOWED; California prohibits non-refundable deposits (all must be refundable); **Monthly Pet Rent:** Allowed; does not count toward security deposit limit; can be any reasonable amount **Pet Protections:**; **No Declaw/Devocalize Requirement:** Cal. Civ. Code § 1942.7 prohibits landlords fro

**Shared Utilities Disclosure:**; If utilities are shared (e.g., water, gas billed to landlord but used by multiple units), landlord must disclose:; How shared utility charges will be allocated among tenants; Whether submetering or ratio utility billing used; Disclosure must be in lease or separate written notice (Cal. Civ. Code § 1940.9) **Utility Billing Methods:** 1. **Separate Meters:** Each unit has own meter; tenant billed directly by utility company 2. **Submetering:** Landlord-installed

**Cities with LOCAL rent control (more restrictive than AB 1482):**; **San Francisco:** SF Rent Ordinance; annual allowable increase set by Rent Board; **Los Angeles:** RSO (Rent Stabilization Ordinance); 3-8% annual cap; **Berkeley:** Rent Ordinance; annual adjustment by CPI; **Santa Monica:** Rent Control Board; annual adjustment; **Oakland:** Rent Adjustment Program; CPI-based increases; **San Jose:** Apartment Rent Ordinance; 5% annual cap; **West Hollywood:** Rent Stabilization; CPI-based;

; Property must be zoned for rental use; Occupancy limits based on zoning; Some zones restrict number of unrelated occupants; ADU provisions may override local zoning restrictions; Check local zoning before renting; Illegal use can result in fines, loss of rental income, and eviction of tenants

; Pet deposits are part of the total security deposit; As of July 1, 2024: total security deposit (including pet deposit) capped at ONE month's rent for most landlords; Small landlords (2 or fewer units, natural persons) may charge up to TWO months' rent total; Non-refundable pet deposits are NOT permitted in California; Cannot charge any deposit for service animals or ESAs; Pet rent (monthly recurring charge) is generally permissible and separate from deposit

; Landlord CANNOT charge pet deposit, pet rent, or pet fee for service animals; Cannot impose breed, weight, or species restrictions; Can only ask: (1) Is this a service animal required for a disability? (2) What task has it been trained to perform?; Cannot require special certification or registration; California FEHA provides broader protections than federal law; Tenant liable for damage caused by service animal; Cannot deny housing based on insurance company breed restrictions for service ani

; Must make reasonable accommodation for ESAs under FHA/FEHA; Cannot charge pet deposit, pet rent, or pet fee; Landlord may request documentation from licensed healthcare professional; AB 468 (2021): ESA documentation must come from a licensed healthcare professional who has established a client-provider relationship with the person for at least 30 days; Cannot impose breed/weight restrictions on ESAs; Landlord may deny if animal poses direct threat or would cause substantial property damage; We

**IMPLIED WARRANTY OF HABITABILITY:** California law implies in EVERY residential lease that landlord will maintain property in habitable condition. This warranty CANNOT be waived (Cal. Civ. Code § 1942.1). **Minimum Habitability Standards (Cal. Civ. Code § 1941.1):** Unit is uninhabitable if it substantially lacks: 1. **Effective waterproofing and weather protection** of roof and exterior walls, including unbroken windows and doors 2. **Plumbing or gas facilities** that conform to law at time o

**Required Essential Services:** 1. **Heat:** Working heating system (Cal. Civ. Code § 1941.1(a)(4)); Must be capable of heating unit to 70°F at 3 feet above floor level; Some local codes have higher requirements 2. **Hot & Cold Running Water:** Under tenant or landlord control (Cal. Civ. Code § 1941.1(a)(3)); Hot water: 110°F minimum recommended; Must be available at all times 3. **Electricity:** Working electrical system with wiring that conforms to law (Cal. Civ. Code § 1941.1(a)(5)) 4. **Plu

**Landlord Repair Obligations:**; Maintain property in habitable condition (see Category 23); Put property in good condition at start of tenancy; Make repairs necessary to maintain habitability; Comply with building, housing, health, and safety codes; Respond to tenant repair requests within reasonable time **Reasonable Response Time:**; Emergency repairs (no heat, water, major leak): 24-48 hours; Urgent repairs (broken lock, inoperable toilet): 3-7 days; Non-urgent repairs: 30 days; Time depend

**Constructive Eviction Defined:** When landlord's action (or inaction) makes premises uninhabitable, tenant can vacate without penalty. Tenant is "constructively evicted." **Elements of Constructive Eviction:** 1. Landlord's act (or failure to act) substantially interferes with tenant's use/enjoyment 2. Landlord intended to deprive tenant of premises OR knew/should have known conduct would cause tenant to leave 3. Tenant vacates within reasonable time 4. Tenant did not cause the condition **Exa

**Mold Disclosure:**; If landlord knows of mold, must disclose to tenant (Health & Safety Code § 26147); Must provide Department of Health Services publications on mold; Available at: https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/EHLB/IAQ/Pages/Mold.aspx **Mold and Habitability:**; Visible mold growth may breach warranty of habitability (Health & Safety Code § 17920.3); Exception: Minor mold on surfaces designed to accumulate moisture (shower tile grout); Extensive mold = health hazard = landlor

**Bedbug Information Requirement:**; Landlord must provide ALL tenants with information about bedbugs; Must provide at time of lease signing; Must use Department of Consumer Affairs (DCA) bedbug information publication; Can use landlord's own publication if includes all DCA information **Required Information Includes:**; Description of bedbugs and their behavior; Information on preventing and treating infestations; Importance of prompt reporting; Tenant's responsibility to cooperate with inspect

**Applies To:** All housing built BEFORE 1978 **Federal Requirements:** 1. **Disclosure:** Landlord must disclose known lead paint and hazards 2. **EPA Pamphlet:** Must provide EPA pamphlet "Protect Your Family from Lead in Your Home" 3. **Lead Disclosure Form:** Must use EPA-approved disclosure form 4. **10-Day Inspection Period:** Must give buyer (not required for rentals) 10 days to inspect for lead 5. **Records:** Keep records of compliance for 3 years **California Law:** No additional state

**SMOKE ALARMS (Health & Safety Code § 13113.7):**; Required in ALL dwelling units; Must be installed in: * Each bedroom * Hallway outside each bedroom area * Each story of unit (including basement); May be battery-operated or hardwired; Landlord must provide and install; Landlord must test and maintain (if landlord enters unit <6 months); Tenant must test periodically and replace batteries; Tenant must notify landlord if not working; Violation: Misdemeanor; penalties up to $200 **CARBON MONOXID

; Property managers must hold California real estate broker license (or work under a licensed broker); Salesperson license may perform management activities under supervising broker; DRE regulates licensing, education, and continuing education; Exemptions: owner managing own property; resident managers; Requires 8 college-level courses for broker license; 45 hours continuing education every 4 years

; All client funds (security deposits, rent, etc.) must be deposited in trust account; Trust account must be in a bank or financial institution in California; Must be designated as "trust account"; Broker must maintain records of all trust fund transactions; Cannot commingle personal and trust funds; Must deposit within 3 business days of receipt; Monthly trust account reconciliation required; DRE may audit trust accounts

; Must disclose in writing at or before commencement of tenancy:; Name, telephone number, and address of property manager; Name, telephone number, and address of property owner (or person authorized to receive notices); If property owner is a corporation/LLC, must provide entity name and agent for service of process; Information must be kept current; Failure to comply: tenant may send notices/demands to address where rent is paid

; Must disclose property owner's name and address; If ownership changes, new owner must notify tenant within 15 days; Transfer of ownership includes transfer of security deposit obligations; New owner must provide updated contact information; Tenant entitled to know who owns the property

; New owner must notify tenant of change within 15 days; Must provide: new owner's name, address, telephone number; Must disclose agent's name, address, telephone number; Security deposit obligations transfer automatically to new owner; Old owner remains liable until tenant notified

; **Pre-Move-Out Inspection:** Landlord must offer tenant opportunity for initial inspection before move-out; Inspection must occur within 2 weeks before move-out; Landlord must give tenant itemized statement of potential deductions; Tenant has right to be present; Gives tenant opportunity to fix issues before final move-out; Local building/housing departments may require periodic inspections

; **Pre-Move-Out Inspection:** Must offer tenant within 2 weeks before move-out; Must provide itemized statement of estimated deductions; Tenant has right to be present during inspection; **Move-Out:** Itemized statement with receipts within 21 days; Photos/video documentation recommended; Receipts required for all deductions

; Keep records for 3 years from lease start; Lead disclosure forms, EPA pamphlet distribution, inspection reports; California also requires landlords to maintain properties free from lead hazards; Additional California lead regulations for pre-1978 housing; Renovation, Repair, Painting (RRP) Rule compliance records

; Landlord must provide written notice to tenant about bed bugs (generally at lease signing); Must include information about bed bug identification, behavior, and reporting; Landlord must not show, rent, or lease a vacant unit landlord knows has bed bug infestation; Tenant must report suspected bed bug infestation to landlord; Landlord must inspect within a reasonable time and take action if confirmed; Cannot retaliate against tenant for reporting bed bugs; Local regulations may impose additiona

; Landlord CANNOT retaliate against tenant for:; Complaining about habitability to landlord or government agency; Exercising any rights under landlord-tenant law; Organizing or participating in tenant association; Lawfully exercising rights (e.g., requesting repairs); Retaliation includes: rent increase, service decrease, eviction within 180 days of complaint; **Presumption of retaliation** if action taken within 180 days of protected activity; Burden shifts to landlord to prove non-retaliatory

; Landlord CANNOT harass tenant for purpose of causing tenant to vacate; Prohibited conduct includes:; Interrupting or terminating utility services; Removing personal property, doors, windows, or locks; Entering without proper notice; Threatening violence or intimidation; Interfering with tenant's right to quiet enjoyment; Some cities have enhanced anti-harassment ordinances (SF, LA, Oakland, Berkeley, Santa Monica); Tenant may recover actual damages, statutory damages, and attorney fees

; Excessive entry without notice constitutes privacy violation; Cannot install surveillance equipment inside tenant's unit; Cannot monitor tenant's activities; Repeated unauthorized entry may constitute harassment; California's privacy laws are among the strongest in the nation; Tenant may seek restraining order for repeated violations

**MAJOR CHANGE EFFECTIVE JULY 1, 2024:** **Standard Limit (most properties):** 1 month's rent (furnished or unfurnished) **Small Landlord Exception (2 months allowed):** Landlord may collect up to 2 months' rent IF ALL of following apply:; Owner is natural person OR LLC where all members are natural persons, AND; Owner owns no more than 2 residential properties, AND; Total units owned across all properties does not exceed 4 units **Servicemember Limit:**; 1x monthly rent (unfurnished); 2x monthl

**CRITICAL 21-DAY DEADLINE:** Within **21 calendar days** after tenant vacates, landlord MUST: 1. Return FULL security deposit, OR 2. Provide itemized statement of deductions + refund of remaining balance **"Vacate" Defined:**; Tenant returns possession to landlord; All keys surrendered; Lease terminated; Tenant moved out **Itemized Statement Must Include:**; Basis for each deduction; Amount of each deduction; Specific repairs/cleaning performed; If deduction >$125: Copies of receipts or invoice

Security deposit may ONLY be used for: **1. Unpaid Rent**; Rent owed for period tenant occupied unit; Does NOT include "holdover" rent after lease ends (must sue separately) **2. Repair of Damage Beyond Normal Wear and Tear**; Tenant-caused damage (or guests/licensees); NOT ordinary wear and tear; Examples of damage: Holes in walls, broken fixtures, torn carpet, stained carpet, pet damage, burns; Examples of normal wear: Faded paint, worn carpet from walking, scuff marks, minor scratches, aged c

Itemized statement must include: **Required Elements:** 1. **Basis for deduction:** Specific reason (e.g., "repair hole in bedroom wall") 2. **Amount deducted:** Dollar amount for each item 3. **Description of work:** What was done 4. **Receipts/Documentation:** If deduction >$125, must attach:; Copy of invoice/bill from contractor, OR; If landlord did work: Description of work + time spent + reasonable hourly rate **Format Example:** ``` ITEMIZED STATEMENT OF SECURITY DEPOSIT DISPOSITION Tenant

**Bad Faith Penalties:** If landlord withholds security deposit in **bad faith**, tenant may recover:; **Actual damages** (amount wrongfully withheld), PLUS; **Statutory damages** up to **2x the security deposit amount**; **Attorney fees and costs** **"Bad Faith" Defined:** Courts consider bad faith when landlord:; Intentionally withholds deposit without legal basis; Makes deductions knowing they're improper; Fails to return deposit within 21 days without good reason; Fails to provide itemized s

; Separate comprehensive statute for mobilehome parks; Extensive protections for mobilehome owners who rent spaces; 12-month lease term required; Just cause required for eviction; Rent increase notice: 90 days written notice; Right of first refusal on park sale; Cannot restrict sale of mobilehome to person who would become tenant

; California REQUIRES landlords to accept Section 8 vouchers (SB 329); Cannot refuse to rent based on Section 8 status; Additional lease provisions required by housing authority; Must comply with Housing Quality Standards (HQS) inspections; Cannot charge Section 8 tenants more than approved rent; Eviction requires notice to housing authority

; Bona fide tenants: 90-day notice to vacate from new owner; Existing lease honored through lease term (with exceptions); Month-to-month tenants: 90-day notice; Security deposit obligations transfer to new owner; New owner must honor Section 8 leases; California provides additional protections beyond federal PTFA

; If rental destroyed or substantially damaged by fire/casualty not caused by tenant:; Lease terminates automatically; Tenant has no obligation for future rent; Rent abated proportionally for period of reduced habitability; If only partially destroyed: rent abates proportionally; Landlord not required to rebuild; If landlord chooses to rebuild, no obligation to rent to same tenant (unless local ordinance requires)

; Landlord may remove rental units from the market entirely (go out of rental business); Must withdraw ALL units in the building; 120-day notice to tenants (1 year for elderly/disabled in some jurisdictions); Relocation assistance required; If units re-rented within 5 years, must offer to displaced tenants at same rent; Many local ordinances have additional restrictions on Ellis Act use; Cannot use Ellis Act selectively to target individual tenants

; Tenant entitled to quiet enjoyment and peaceful possession; Landlord cannot interfere with tenant's use of premises; Includes protection from: excessive entry, noise, harassment, disruption of services; Breach may constitute constructive eviction; Tenant may sue for damages and/or terminate lease

; Tenants have right to organize tenant associations; Landlord cannot retaliate for tenant organizing activities; Cannot evict, raise rent, or decrease services in retaliation; Right to meet and discuss tenancy matters with other tenants

; Tenant may withhold rent if landlord fails to maintain habitable premises; Must first notify landlord of deficiency (written notice recommended); Give landlord reasonable time to repair (30 days typical); Conditions must materially affect health and safety; Tenant should deposit withheld rent in separate account; Risk: if court disagrees, tenant owes back rent; Alternative: repair and deduct (§ 1942)

; If landlord fails to maintain habitable premises, tenant may:; Make necessary repairs and deduct cost from rent; Cost cannot exceed one month's rent; Must first notify landlord and allow reasonable time to repair; Can use this remedy only twice in any 12-month period; Applies only to conditions affecting habitability; Tenant must act in good faith and pay reasonable costs

; Victim of domestic violence, sexual assault, stalking, human trafficking, or elder abuse may terminate lease with 14-day written notice; Must provide documentation (police report, protective order, or documentation from qualified professional); Landlord cannot disclose status to third parties; Cannot evict tenant solely for being victim of DV; Tenant may request lock change at landlord's expense; Landlord must change locks within 24 hours of request (or give permission for tenant to change)

; Service members entering active duty may terminate lease with 30-day written notice; Must provide copy of military orders; Lease terminates 30 days after next rent payment due; Cannot impose early termination penalties; Stay of eviction available for active duty members; California Military and Veterans Code provides additional state protections; Applies to National Guard/Reserve called to active duty

- Tenant must notify landlord promptly upon discovering bed bugs - Landlord must provide written disclosure of bed bug infestation history to prospective tenants - Disclosure must cover previous 8 months - Failure to disclose: Tenant may terminate lease within 30 days of discovering undisclosed infestation

- Landlord responsible for inspection and treatment at landlord's expense - Must use licensed pest control professional - Tenant must cooperate with inspection and treatment - Landlord must inspect adjoining units - Cannot charge tenant for treatment unless infestation caused by tenant

- Landlord cannot rent unit known to have bed bug infestation - Unit must be treated and cleared by licensed professional before re-renting - Violation: Tenant may terminate lease without penalty - Tenant may recover actual damages, attorney fees

- Tenant may terminate lease if landlord fails to treat within reasonable time - Tenant may recover costs of alternative housing during treatment - Tenant may recover damaged personal property if landlord at fault - Tenant may recover moving and storage costs - Landlord may recover costs from tenant if tenant caused infestation

- "Environmental public health events" (declared by government) create special obligations - Landlord must comply with government safety standards - Must allow tenant access once deemed safe - May need to provide temporary housing during repairs - Tenant may have termination rights if prolonged uninhabitability - Wildfires, floods, other disasters may trigger special rules

- Landlord must hire licensed professional to repair gas piping, facilities, appliances - Cannot allow unlicensed work on gas systems - Tenant must allow landlord access to inspect/repair gas systems - Landlord must remediate hazardous gas conditions promptly - Failure renders premises uninhabitable

- Must allow reasonable modifications to unit (tenant pays) - Must make reasonable accommodations in rules/policies - Allow assistance animals even with "no pets" policy - May require restoration of premises at tenant's expense - Cannot charge extra fees for disability accommodation - Process accommodation requests promptly

- Tenants have right to remain in property after foreclosure - Bona fide lease survives foreclosure - New owner must honor lease terms - Month-to-month tenants: 90 days' notice required - Tenant not liable for landlord's mortgage default - Security deposits transfer to new owner

- Active duty military may terminate lease with 30 days' notice - Must provide copy of military orders - Termination effective 30 days after next rent due date - Cannot charge early termination fees - Must return security deposit per standard rules - Additional protections for deployment, PCS orders

Landlords must provide: - Written copy of rental agreement upon request (must provide within one business day) - Receipt for all payments made by tenant (cash, check, or electronic) - Written receipts must include: date of payment, tenant's name, payment amount, rental period, address of premises, landlord/agent signature - For pre-1978 housing: Federal lead-based paint disclosure required

Lease CANNOT contain provisions that: - Waive tenant's rights under Colorado landlord-tenant law - Waive or modify provisions of Part 13 (For Cause Eviction law) - such provisions are void - Waive tenant's right to jury trial - Authorize landlord to confess judgment - Waive security deposit protections - Limit landlord's liability for statutory violations

As of April 19, 2024, landlords must offer lease renewals to existing tenants on reasonable terms: - Landlord must offer renewal at least 120 days before lease expiration - Tenant has 30 days to accept or decline renewal offer - If tenant declines or fails to respond, landlord provides 90+ days notice to terminate - Renewal offer must be on "reasonable terms" comparable to original lease - Exceptions apply for properties with <4 units where landlord lives on-site, short-term rentals, employer ho

For properties exempt from "for cause" requirements: - Tenancy at will: 3 days' written notice - Month-to-month (under 1 year): 21 days' written notice - Tenants living there 1+ years: 91 days' written notice For properties subject to "for cause" requirements (most residential): - Must have legal cause to terminate or qualify for no-fault eviction - Requires 90+ days written notice for no-fault termination at lease end

Tenants may terminate early for: - Military service: Active duty military with 30 days' notice (federal SCRA) - Breach of warranty of habitability: After proper notice and landlord fails to remedy (C.R.S. § 38-12-507) - Domestic violence: With protective order documentation - Casualty loss: If premises destroyed or substantially damaged - Landlord violation: Unlawful lockout, utility shutoff, or harassment

As of April 19, 2024, landlords cannot evict residential tenants or refuse lease renewal without legal cause (with exceptions). Applies to most residential properties. Cause includes: - Nonpayment of rent - Substantial lease violations - Criminal activity - Nuisance or disturbance - Tenant holdover after lease expiration - Other violations specified in C.R.S. § 13-40-104

For cause eviction law does NOT apply to: - Properties with fewer than 4 units where landlord lives on-site or adjacent property - Tenants who have lived there less than 12 months - Short-term rentals (less than 30 days) - Employer-provided housing - Mobile home spaces under lease-to-own agreements - Tenants landlord didn't know about (unauthorized occupants)

- Must provide 10-day notice to pay or quit (Demand for Compliance or Right to Possession) - Tenant has until 5:00 PM on 10th day to pay or vacate - Payment must include all rent, late fees, and court costs (if applicable) - Landlord must accept payment if made before judgment entered - Notice must include: amount due, late fees, total owed, property address, landlord contact info

- For curable violations: 10-day notice to cure or quit - For substantial violations: May specify shorter cure period (minimum 3 days for some violations) - Notice must specifically describe violation - For repeat violations: May not need to provide opportunity to cure - Must document all violations in writing

Landlord may pursue no-fault eviction only for: - (a) Sale of property: Owner selling and buyer wants vacant possession (90+ days notice) - (b) Substantial repairs/renovations: Unit needs major work making it uninhabitable (90+ days notice, must offer first right of refusal when repairs complete if under 180 days) - (c) Landlord/family member occupancy: Landlord or immediate family moving in (90+ days notice, must actually move in within 3 months) All no-fault evictions require: 90 days minimum

- Landlord must offer mediation before filing eviction lawsuit - Mediation must be at no cost to tenant - Tenant may waive mediation (must be separate written agreement, not in lease) - Mediation waiver in lease or rental agreement is VOID - Both parties may have legal counsel - Landlord must provide information about available mediation services

Notices must be served by: - (1) Personal service: Hand delivery to tenant or household member over age 15, OR - (2) Substitute service: If no one available on two separate days, post in conspicuous place on premises - Must document service attempts and dates - For no-fault evictions: Must use method landlord typically uses to communicate with tenant

- After notice period expires, landlord may file Complaint for Unlawful Detainer - Court sets hearing date - Tenant must receive summons at least 7 days before hearing - Tenant may answer in writing or appear at hearing - Hearings may be conducted remotely or in-person (parties choose)

Landlord CANNOT: - Lock out tenant - Remove tenant's belongings - Shut off utilities (heat, water, electric, gas) - Remove doors, windows, or locks - Use any form of force or intimidation - Take any action to force tenant out without court order Violation: Tenant may seek damages, injunction, attorney fees, court costs, return to premises.

Tenant may defend eviction based on: - Landlord retaliation (filed complaint, exercised legal rights) - Improper notice or service - Landlord failed to maintain habitability - Discriminatory eviction - Landlord failed to offer mandatory mediation - Rent was paid or violation was cured - Landlord in violation of lease terms

- Rent due according to lease agreement terms - If not specified, due at beginning of rental period - Landlord must provide written receipt for all cash payments - Receipt must include date, amount, period covered, property address - No state limit on rent amount

- Written lease: Cannot increase during fixed term unless lease allows - Month-to-month with written agreement: 60 days' notice required - Month-to-month without written agreement: 60 days' notice required - Tenancies 1-6 months: 30 days' notice required (C.R.S. § 38-12-701) - Cannot use rent increases to circumvent "for cause" eviction requirements - Increases cannot be discriminatory, retaliatory, or unconscionable

- Grace period: Cannot charge late fee until rent is late by at least 7 calendar days - Maximum amounts: - Rent under $2,000/month: Lesser of $50 or 5% of monthly rent - Rent $2,000+/month: Lesser of $150 or 5% of monthly rent - Must be specified in written lease agreement - Cannot charge late fees on late fees (no compounding) - Cannot charge if tenant is in bankruptcy proceedings

- Maximum fee: May not exceed lesser of actual cost or $60 (adjusted annually for inflation) - Must be used only for screening costs (credit check, background check, etc.) - Cannot charge if not actually screening applicant - Must provide receipt upon request - Must refund unused portion if actual costs are less - If application denied, must provide applicant with copy of consumer report if used

- Pet deposits ARE limited: Additional pet deposit cannot exceed one month's rent - Pet deposits are refundable and subject to same rules as security deposits - Non-refundable pet fees are permitted (separate from deposit) - Monthly pet rent is permitted - EXCEPTION: Cannot charge any fees or deposits for assistance animals (service/emotional support animals with proper documentation) - Landlord can require verification of disability and disability-related need for assistance animal

- Landlord cannot interrupt utilities as form of eviction or retaliation - Lease should specify which utilities tenant vs. landlord pays - Willful termination of heat, running water, hot water, electric, gas, or other essential services is illegal - Landlord may interrupt utilities for reasonable repairs with notice - Violation: Tenant may seek damages, termination rights, attorney fees

In every rental agreement, landlord warrants premises are fit for human habitation at move-in and will maintain habitability throughout tenancy. Landlord breaches warranty if dwelling becomes uninhabitable and landlord has notice but fails to remedy. Updated 2024 with stronger tenant protections.

Premises are uninhabitable if conditions exist that: - Lack functional heating, plumbing, hot water, or gas facilities - Lack weatherproofing (roof, walls, windows) - Lack functioning locks on doors - Lack operational smoke and carbon monoxide detectors - Have bed bugs, rodents, or insect infestation requiring extermination - Lack proper trash receptacles - Have building/housing code violations - Lack reasonably clean/safe common areas - Otherwise materially interfere with tenant's life, health,

Tenant must provide landlord notice of uninhabitable conditions: - Written notice preferred (email, text, certified mail, or hand delivery) - Oral notice sufficient if followed by written confirmation - Must describe condition and location specifically - Notice may be waived if landlord had actual knowledge For emergencies materially interfering with life, health, or safety: - Landlord must commence repair within 24 hours - For other uninhabitable conditions: 72 hours to commence repair

After receiving notice, landlord must: - Emergency (life/health/safety): Commence remedial action within 24 hours - Other uninhabitable conditions: Commence remedial action within 72 hours - Must complete repairs within reasonable time given severity of condition - "Commence" means begin substantive work, not just acknowledge receipt - If landlord fails to commence timely, tenant may pursue statutory remedies

If condition materially interferes with life, health, safety OR is uninhabitable: - Landlord must provide at tenant's request within 24 hours: - Comparable dwelling unit at no cost to tenant, OR - Hotel room at no cost to tenant - Must have same number of beds as tenant's unit - If needed more than 48 hours: Must include refrigerator/freezer and stove/oven OR provide per diem for meals (at Colorado state employee rate)

If landlord breaches warranty of habitability, tenant may: - Terminate rental agreement (10-60 days' notice depending on severity) - Withhold rent (must deposit in escrow or court registry) - Deduct repair costs from rent (after proper notice and procedure) - Recover actual damages - Obtain injunctive relief - Recover attorney fees and court costs Tenant must provide proper notice and reasonable time for landlord to cure before pursuing most remedies.

- May prohibit pets entirely or restrict types/sizes - Pet deposit limited to one month's rent - Non-refundable pet fees permitted - Monthly pet rent permitted - Cannot charge for assistance animals (service/support animals) - May require proof of disability and disability-related need for assistance animal - Cannot require specific training or certification for assistance animals

Major Colorado cities have additional requirements: - Denver: Rental license required for all rental properties - Boulder: Additional renter protections, relocation assistance - Fort Collins: Rental housing code compliance - Colorado Springs: Business licenses for landlords - Always check city and county ordinances for your specific location

Denver requires: - Rental license for all rental properties - Annual renewal - Property inspections (periodic or complaint-driven) - Compliance with Denver housing code - Registration of property manager information - Fees: Varies by property type and size

Boulder has additional requirements: - Relocation assistance for certain no-fault evictions - Additional notice requirements beyond state law - Rental license required - Stricter habitability standards - Regular rental inspections

- Property must be zoned for rental use - Occupancy limits based on zoning classification - Single-family zones may restrict rentals - Short-term rental restrictions common - Business license may be required - Illegal use can result in fines, eviction notices

- Property managers must hold active Colorado real estate broker license - Must be licensed to manage property for others - Unlicensed property management is illegal - License required even for managing family properties for compensation - Exceptions: On-site managers performing ministerial duties

Property managers must: - Maintain separate trust account for client funds (security deposits, rent) - Cannot commingle with personal or business funds - Account must be in Colorado financial institution - Must maintain accurate records - Subject to audit by Real Estate Commission - Violations can result in license suspension/revocation

Licensed property managers must retain for minimum 4 years: - Lease agreements - Financial records and ledgers - Security deposit records - Communication with clients and tenants - Repair and maintenance records - Inspection reports

Property managers owe fiduciary duties to property owners: - Loyalty and good faith - Reasonable care and skill - Accounting for all funds - Disclosure of conflicts of interest - Following owner's lawful instructions - Protecting confidential information

Property management agreements must be in writing and include: - Property description - Management services to be provided - Fee structure and payment terms - Duration and termination provisions - Parties' responsibilities - Trust account information - Signed by all parties

- Not statutorily required but strongly recommended - Document condition of property at move-in with checklist - Take photos or video of entire unit - Both parties should sign inspection report - Essential for security deposit disputes - Note all pre-existing damage

Landlord cannot retaliate against tenant by: - Increasing rent - Decreasing services - Threatening eviction - Filing eviction - Refusing to renew lease For tenant having: - Made good faith complaint about habitability - Contacted government agency about violations - Organized or joined tenant association - Exercised legal rights under lease or law Retaliation presumed if action taken within 60 days of tenant's protected activity.

Cannot discriminate based on: - Race or color - National origin - Religion - Sex (including sexual orientation and gender identity) - Familial status (children under 18) - Disability - Creed - Marital status (Colorado) - Source of income (some Colorado municipalities) Must make reasonable accommodations for disabilities and assistance animals.

Landlords CANNOT: - Request or demand immigration or citizenship status information - Discriminate based on citizenship or immigration status - Report or threaten to report tenant's immigration status - May request SSN or TIN for financial qualification (must request from ALL applicants) - Cannot include immigration status questions in applications Violation: Tenant may recover actual damages, $5,000 minimum statutory damages, attorney fees.

- Landlord must provide functioning locks on exterior doors - Locks must be in good working order at start of tenancy - Tenant may request lock changes if fears for safety (at tenant expense) - Landlord must re-key locks between tenants - Failure to provide working locks = uninhabitable condition

- Victim of domestic violence may terminate lease with 30 days' notice - Must provide copy of protective order or police report - Landlord cannot penalize domestic violence victim - Cannot disclose protected status - May change locks at tenant's request for safety

- Landlord may terminate lease for illegal activity - Drug-related activity: 3-day notice to quit (no cure) - Other criminal activity: May provide brief or no cure period - Must document illegal activity - Police reports strengthen case - Gang-related activity grounds for termination

- Timeline: Within 1 month (30 days) after lease termination or surrender of premises, whichever is later - Extended deadline: Lease may specify up to 60 days (but not longer) - If withholding any portion, must provide itemized written statement listing exact reasons - Statement must be accompanied by remainder of deposit - Landlord complies by mailing to tenant's last known address - Failure to provide statement within deadline = forfeiture of right to withhold ANY portion of deposit

May deduct for: - Unpaid rent - Abandonment of premises - Unpaid utility charges (if tenant was responsible) - Repair work or cleaning contracted by tenant - Damage beyond normal wear and tear - Normal wear and tear (defined in statute) - Pre-existing conditions that existed before tenancy began (as of 2025 amendments)

- Must provide written statement listing exact reasons for retention - Must be accompanied by payment of remainder of deposit - Should include detailed breakdown of deductions - Landlord bears burden of proving deductions were proper - Best practice: Include photos, receipts, repair estimates

- Willful wrongful withholding: Landlord liable for 3x the amount wrongfully withheld, plus attorney fees and court costs - Tenant must provide 7 days' written notice of intent to file legal proceedings before suing - If landlord returns entire deposit during 7-day period, avoids treble damages penalty - In court, landlord bears burden of proving withholding was not wrongful - Treble damages: 1-year statute of limitations; actual deposit recovery: 6-year statute of limitations

"Normal wear and tear" means deterioration that occurs based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises by tenant, household members, or guests. Landlord CANNOT retain deposit for normal wear and tear. - Faded paint or wallpaper - Minor carpet wear from foot traffic - Small nail holes from pictures - Worn door handles or hinges - Minor scuffs on walls or floors

Upon sale or transfer of property, landlord must either: - (a) Transfer deposit to new owner and notify tenant by mail of transfer, new owner's name and address, OR - (b) Return full deposit (or remainder after lawful deductions) to tenant Upon compliance with transfer requirements, original landlord is relieved of further liability. New owner assumes all rights and obligations regarding deposit.

Mobile Home Park Act governs mobile home tenancies: - Separate rules for mobile home space leases - Specific notice requirements (often longer than residential) - Rent increase notice: 60 days minimum - Termination notice requirements vary - Must offer mediation before eviction - Special protections for mobile home owners

- May restrict to residents 55+ if meet federal requirements - At least 80% of units occupied by person 55+ - Must verify age through reliable documents - Must publish and follow policies demonstrating intent as senior housing - Cannot discriminate within other protected classes

- Landlord MUST provide written receipt for all cash payments - Receipt must include: - Date of payment - Tenant's name - Amount paid - Rental period covered - Address of premises - Signature of landlord or agent - Must be provided at time of payment or within one business day

- With written rental agreement: 60 days' written notice required - Without written agreement: 60 days' written notice required - Tenancies 1-6 months: 30 days' written notice required (C.R.S. § 38-12-701(1)) - Notice must specify new rent amount and effective date - Cannot be discriminatory, retaliatory, or unconscionable - Cannot circumvent "for cause" eviction requirements

Landlord must: - Maintain premises in habitable condition - Comply with building and housing codes - Make necessary repairs promptly - Maintain common areas - Provide functioning utilities (per lease) - Keep structural elements weatherproof - Maintain smoke and carbon monoxide detectors - Respond to repair requests within statutory timeframes

- Landlord must install and maintain functioning smoke detectors - Must be present in each bedroom and adjacent areas - Tenant responsible for replacing batteries during tenancy - Landlord must ensure operational at start of tenancy - Failure renders premises uninhabitable

- Required in units with gas appliances or attached garages - Must be present where required by building codes - Landlord must install and maintain - Tenant responsible for battery replacement during tenancy - Failure renders premises uninhabitable

For housing built before 1978: - Must provide EPA-approved lead hazard pamphlet - Must disclose known lead-based paint hazards - Must include specific language in lease - Must provide 10-day period for lead inspection (sales) - Signed disclosure form required from all parties

Landlord must disclose in writing at or before tenancy commencement: - Name and address of person authorized to manage the premises - Name and address of person authorized to receive notices, demands, and service of process - Location and account number where security deposit is held (within 30 days - CGS § 47a-21) - Notice regarding operative fire sprinkler system (if applicable) - Notification if dwelling unit is in a common interest community (CGS § 47a-3e)

Lease CANNOT contain provisions that: - Waive or forfeit tenant's legal rights under Chapter 830 and related statutes - Authorize landlord to confess judgment on claims arising from rental agreement - Exculpate or limit landlord's liability arising under law - Require tenant to indemnify landlord for liability or costs - Waive tenant's right to interest on security deposit - Permit landlord to dispossess tenant without court order - Consent to distraint of tenant's property for rent - Require te

- Fixed-term lease: No automatic renewal; holding over creates month-to-month tenancy unless parties agree otherwise - Month-to-month: Continues until properly terminated by either party - Week-to-week: Continues until properly terminated by either party - Holding over without new agreement creates tenancy by same terms as original lease period

Notice requirements for termination: - Fixed-term lease: No notice required; lease expires on end date - Month-to-month: Proper notice required (no specific state requirement, follow lease terms or reasonable notice) - Week-to-week: Proper notice required (no specific state requirement, follow lease terms or reasonable notice) - Notice to Quit must allow at least 3 full days for tenant to vacate (CGS § 47a-23)

Tenants may terminate early for: - Domestic violence/sexual assault victims: With proper documentation (CGS § 47a-11e) - Uninhabitable conditions: 15 days written notice; if not remedied, lease terminates (CGS § 47a-12) - Fire or casualty damage: Immediate termination with 14 days written notice to landlord (CGS § 47a-14) - Failure to provide essential services: Tenant remedies include termination (CGS § 47a-13)

Landlord may enter to: - Inspect premises - Make necessary or agreed repairs - Supply necessary or agreed services - Show unit to prospective purchasers, tenants, or contractors - Emergency situations (no notice required) Landlord must give reasonable written or oral notice and enter at reasonable times.

- Tenant shall not unreasonably withhold consent for entry - Landlord cannot abuse right of entry or harass tenant - Entry at reasonable times only (except emergencies) - Tenant has right to quiet enjoyment

Landlord may enter WITHOUT consent only in: - Emergency situations - Pursuant to court order - If tenant has abandoned or surrendered premises - As permitted by CGS § 47a-16a (inspection of potential lead hazards)

- Must provide at least 3 full days notice before termination - Notice must specify grounds for eviction - Must be in writing and properly served - Must include all adult occupants' names - Notice may be served any day of the week

After Notice to Quit expires: - Landlord must obtain summons and complaint from Superior Court - Summons returnable 6 days after service on tenant - Must be returned to court at least 3 days before return date - Tenant must file appearance within 2 days after return date - Failure to appear allows landlord to file for default judgment

Valid grounds include: - Nonpayment of rent (after grace period - CGS § 47a-15a) - Lease expiration by lapse of time - Violation of rental agreement or rules - Violation of CGS § 47a-11 (tenant responsibilities) - Nuisance as defined in CGS § 47a-32 - Illegal use of premises

Elderly (62+), blind, or disabled tenants in buildings with 5+ units can only be evicted for "good cause": - Nonpayment of rent - Refusal to agree to fair rent increase - Material noncompliance affecting health/safety - Material lease violation - Landlord removing unit from market - Landlord using as principal residence

For violations other than nonpayment of rent: - Must give tenant 15 days to cure breach before serving Notice to Quit - Pre-termination notice must specify the violation - Applies to nuisance or lease violations - Not required for nonpayment cases

- Automatic 5-day stay of execution (excluding Sundays/holidays) - Court may grant additional stay up to 6 months (or 3 months for nonpayment) - Tenant must pay past rent and rent during stay period - Tenant must file appeal within 5-day automatic stay period

- State marshal serves execution notice - Tenant has 24 hours minimum to vacate after execution served - Marshal physically removes tenant if necessary - Possessions moved to town-designated storage facility at tenant's expense - Tenant may reclaim possessions within specified timeframe

Landlord CANNOT: - Lock out tenant - Remove tenant's possessions - Shut off utilities - Use force or intimidation Must use legal summary process eviction. Violation subjects landlord to liability.

- Nuisance: Conduct by tenant that substantially interferes with comfort/safety of landlord or other tenants - Serious nuisance: Specific dangerous behaviors (assault, weapons, drugs, etc.) - Grounds for eviction after proper notice

Landlord cannot evict or retaliate against tenant for: - Complaining to authorities about code violations - Organizing or joining tenant unions - Testifying in landlord-tenant proceeding - Exercising legal rights Presumed retaliatory if action taken within 6 months of protected activity.

Cannot discriminate based on: - Race, color, religion, national origin - Sex, familial status, disability - Sexual orientation, gender identity (Connecticut) - Marital status, age, lawful source of income (Connecticut)

- Must provide reasonable accommodations for disabled tenants - Must allow service animals and emotional support animals - Cannot charge pet fees for assistance animals - Must engage in interactive process for accommodation requests

- Cannot discriminate against families with children - Cannot refuse to rent to families - Cannot segregate families to certain buildings/floors - Exception: Qualified senior housing (55+)

Cannot discriminate based on lawful source of income, including: - Section 8 vouchers - Social Security - Disability benefits - Other government assistance

Landlord CANNOT: - Discriminate against prospective tenant for prior cannabis possession conviction - Discriminate for lawful possession or consumption of cannabis off premises - Require drug testing for cannabis

- Grace period required: Rent cannot be deemed late until 9 days after due date (residential property) - Late fees must be specified in written lease agreement - Fees must be reasonable and not punitive - Cannot charge late fee during grace period

- Pet deposits subject to same rules as security deposits and count toward deposit limit - Non-refundable pet fees permitted if disclosed - EXCEPTION: Cannot charge fees for assistance animals (ADA/FHA) - Pet policies must comply with fair housing laws

- Landlord must supply running water and reasonable amounts of hot water at all times - Must supply reasonable heat (if installation within landlord's exclusive control) - Cannot shut off utilities as self-help eviction - Tenant has remedies if landlord fails to provide essential services

Landlord must: - Comply with all building and housing codes affecting health and safety - Make all repairs necessary to keep premises fit and habitable - Keep common areas clean and safe - Maintain all electrical, plumbing, sanitary, heating, ventilating systems in working order - Provide trash receptacles and arrange for removal - Supply running water, reasonable hot water, and reasonable heat

- Tenant must deliver written notice specifying acts/omissions constituting breach - Landlord has 15 days to remedy material noncompliance affecting health/safety - If not remedied, rental agreement terminates - Applies to material noncompliance with CGS § 47a-7

If landlord fails to comply with building codes materially affecting health/safety: - Tenant may refuse to pay rent - Tenant may use as defense in eviction action - Tenant may terminate lease after 15-day notice (CGS § 47a-12)

If landlord fails to supply heat, water, hot water, electricity, or essential services: - Tenant may give written notice of breach - Tenant may obtain services and deduct actual cost from rent - Tenant may obtain substitute housing during noncompliance - Tenant may terminate and recover double damages if failure is willful

Landlord's failure to provide essential services persisting longer than 2 business days after notice allows tenant to: - Obtain substitute housing - Procure services and deduct costs - Terminate lease if failure is willful

- Landlord must provide working smoke detectors in all dwelling units - Carbon monoxide detectors required in buildings with fossil fuel or enclosed parking - Failure to install constitutes material safety hazard - Tenants relieved of rent obligation during non-compliance period

For housing built before 1978: - Must provide EPA-approved lead paint disclosure - Must provide pamphlet "Protect Your Family from Lead in Your Home" - Must disclose known lead-based paint hazards - CGS § 47a-8 renders non-conforming paint properties unfit

- Tenant must promptly notify landlord of bed bug infestation - Landlord must inspect within 5 business days of notice - Landlord must treat infestation using qualified inspector/exterminator - Landlord liable if fails to comply with statute - Tenant may be liable if caused/allowed infestation through neglect

- Landlord may sell/transfer property - New owner assumes all obligations including security deposits - Tenants must be notified of new landlord contact information (CGS § 47a-6)

- Lease may provide for attorney fees if tenant prevails - If lease allows landlord's attorney fees, must be reciprocal - Tenant cannot be required to pay landlord's attorney fees exceeding 15% of judgment in eviction case - Security deposit violations may include attorney fees for tenant

- Property must have valid certificate of occupancy - Allowing occupancy without certificate is violation - Subject to penalties - Municipality-specific requirements

- If municipal code requires greater duty than state law, municipal code prevails - Landlord must comply with stricter standard - Check local building, housing, and fire codes

- Connecticut has additional lead paint requirements beyond federal law - Properties built before 1978 require lead disclosure - CGS § 47a-8: Paint not conforming to standards renders property unfit - Certificate of lead paint compliance may be required in some municipalities

- When renting unit in building required to have sprinkler system, landlord must: - Include notice in rental agreement about existence/nonexistence of operative system - Notice must be in 12-point boldface type - If system exists, disclose last maintenance and inspection date

- Must include Right to Counsel Notice with every residential Notice to Quit - Must include notice with every residential Summons and Complaint - Notice informs tenants of right to legal representation - Form available on Connecticut Judicial Branch website

- Illegal use of premises voids lease - Landlord may terminate immediately - Grounds for summary process eviction - Examples: Drug activity, prostitution, illegal business

- Landlord CANNOT require electronic funds transfer as exclusive form of payment - Must accept at least one alternative payment method - Must provide written receipt for cash payments (CGS § 47a-3a)

Landlord must provide written receipt when tenant pays rent in cash. Receipt should include: - Date of payment - Amount paid - Period covered - Property address

Nonresident landlords must: - File residential address with designated municipal office - Failure to file subjects landlord to civil penalties - Must appoint Secretary of State as attorney for service of process (CGS § 47a-21(f))

- Security deposits must be held in separate escrow account - Account must be at Connecticut financial institution - Must be segregated from operating funds - Applies to all residential landlords (with minor exceptions)

- Must allow reasonable modifications for disabled tenants - Tenant typically pays for modifications - Landlord may require professional installation - May require restoration at end of tenancy (with limits)

- Tenants under 62 years: Maximum of 2 months' rent - Tenants 62 years or older: Maximum of 1 month's rent - Any advance rental payment is considered security deposit (except first month's rent and key/equipment deposits) - Tenant who turns 62 may request return of excess deposit

- Must be deposited in separate escrow account at Connecticut financial institution - Account must be separate from landlord's operating funds - Deposits from multiple tenants may be in same escrow account - Must notify tenant within 30 days of account location and number - Failure to properly escrow means landlord CANNOT withhold any deposit

- Landlord must pay interest on security deposits - Interest rate: Average rate paid on savings deposits by insured banks (minimum 1.5%) - Must be paid annually on anniversary date or credited to next rent payment - Interest paid within 30 days if tenancy terminates before anniversary (updated 2023: now 21 days) - No interest if tenant delinquent more than 10 days on rent payment that month

- Must return deposit within 21 days after tenancy ends (updated from 30 days in 2023) - If deductions made, provide itemized statement of charges - Must include accrued interest with return - Tenant must provide forwarding address to receive deposit - Failure to return timely may result in double damages plus attorney fees

- Must provide itemized written statement of charges - List each deduction with description and amount - Statement must be detailed and specific - Vague or incomplete itemization may result in forfeiture of withheld amounts

Successor landlord (purchaser, foreclosure buyer) becomes liable for: - Return of security deposits - Payment of accrued interest - Same obligations as original landlord

- Separate statutes govern mobile home parks (Chapter 419) - Different eviction procedures may apply - Special protections for mobile home owners - Lease must comply with both Chapter 830 and mobile home statutes

- Bona fide tenant protected during foreclosure - Lease may continue through foreclosure - New owner must honor existing leases in many cases - Special notice requirements apply - May offer incentive for tenant to vacate

- May restrict to 55+ residents if meets HUD requirements - At least 80% of units occupied by 55+ person - Policies and procedures demonstrating intent - Cannot discriminate within other protected classes

- Section 8 vouchers: Follow HUD requirements and Connecticut law - LIHTC properties: Federal tax credit compliance - Public housing: Federal regulations apply - Cannot refuse Section 8 (source of income protection - CGS § 46a-64c)

- Basic business license required to operate rental housing business - Obtained from DCRA (Department of Consumer and Regulatory Affairs) - Must renew periodically - Different license classes for different business types

- If providing property management services for others (not just own property), may need real estate broker license - Managed by DC Real Estate Commission - Continuing education requirements - Disciplinary actions for violations

- Tenant may file petition challenging rent increase - Housing provider may file petition for capital improvement, hardship, etc. - File with Rental Accommodations Division (RAD) - Hearing before Office of Administrative Hearings (OAH) - Appeal to Rental Housing Commission (RHC) - Must be filed within 3 years of rent adjustment (6 months for base rent challenge)

- After inspection, Director must provide tenant copy of violation notices issued to landlord - Landlord must provide tenants with copies of all housing code violation reports for unit from past 12 months - Must include older violations that remain unabated

Landlord must provide written notices for: - Rent increases (30 days, with required content) - Entry (48 hours recommended) - Lease termination (30 days for month-to-month) - Eviction (varies: 30-180 days depending on ground) - Security deposit deductions (within 45 days) - Changes in ownership or management - Code violations - Rent control status and rights

Notices may be served by: - Hand delivery to tenant - Hand delivery to responsible person on premises (age 16+) - Posting on premises + first-class mail within 3 days (adds 3 days to notice period) - Certified mail (for some notices like security deposit) For eviction summons, must follow D.C. Code § 16-1502 service requirements. Posted notice must include photograph with readable timestamp.

Landlords must provide extensive written disclosures including: - Landlord's name and address or authorized agent - Property manager contact information - Security deposit amount, interest rate, and location of account - Rent control status (whether unit is exempt or covered) - Pending petitions affecting the rental unit - Any surcharges on rent and expiration dates - Frequency and limits of rent increases - Pamphlet on rent increase laws (from Rent Administrator) - Code violations from past 12

Landlord must provide tenant with exact, legible, completed copy of any agreement or application the tenant has signed within 7 days of execution. Housing Code provisions (14 DCMR §§ 3) must be provided at start of tenancy.

Lease CANNOT contain provisions that: - Waive tenant's rights under DC law - Violate public policy or are unconscionable - Require tenant to pay landlord's attorney fees (must be reciprocal) - Waive implied warranty of habitability - Allow landlord to avoid statutory obligations - Violate rent control provisions

- Fixed-term leases: Automatically convert to month-to-month at end of term - Month-to-month: Either party may terminate with 30 days written notice - Tenant CANNOT be evicted merely because lease term expires - All other lease terms remain in effect during month-to-month period

Notice requirements: - Fixed-term lease: No notice required; possession returns at end of term - Month-to-month: 30 days written notice by either party - Tenancy at will: 30 days written notice by either party - Notice must be in writing

Tenants may terminate early for: - Active military duty (Federal Servicemembers Civil Relief Act) - Domestic violence victims (D.C. Code § 42-3505.01(c-1)) - Uninhabitable conditions (constructive eviction) - Illegal unit or code violations making unit unsafe - Government placard requiring vacation (D.C. Code § 42-3505.01(n))

Landlord may ONLY evict for these 10 reasons: 1. Nonpayment of rent 2. Violation of lease obligations (with 30-day cure period) 3. Illegal activity on premises (30-day notice) 4. Personal occupancy by landlord/family (90-day notice) 5. Sale of rental unit (90-day notice to convert to owner-occupied) 6. Withdrawal from rental market (120-day notice) 7. Demolition (180-day notice, relocation assistance required) 8. Substantial rehabilitation (120-day notice, relocation assistance required) 9. Buil

For nonpayment of rent: - 30-day notice typically required unless tenant waived notice in lease - Many leases include notice waiver clause - If lease waives notice, landlord can file immediately after rent due + grace period - Must specify amount owed - Must be delivered properly (see service requirements) - Notice must be in English and Spanish (additional languages if landlord knows tenant's language)

Notice periods for other grounds: - Lease violations: 30-day notice with opportunity to cure - Illegal activity: 30-day notice - Personal occupancy: 90-day notice - Sale for owner occupancy: 90-day notice - Withdrawal from market: 120-day notice - Substantial rehabilitation: 120-day notice + relocation assistance - Demolition: 180-day notice + relocation assistance

1. File Verified Complaint in Superior Court Landlord & Tenant Branch ($15 filing fee) 2. Forms: 1A (nonpayment), 1B (other grounds), 1C (nonpayment + other) 3. Proper service of summons required (personal, substitute, or posting + mail) 4. Initial hearing: 21 days after filing (14 days for drug-related) 5. Tenant may request jury trial (extends process 2 weeks) 6. If landlord prevails, court issues Writ of Restitution 7. Writ valid for 75 days 8. U.S. Marshals Service schedules and executes evi

NO evictions allowed when: - Temperature predicted below 32°F (0°C) at National Airport at 8:00 AM - Precipitation falling at rental unit location Eviction will be rescheduled to next available date

- Landlord must change locks at time of eviction in presence of U.S. Marshals - Personal property remains in unit for 7 days after eviction (excluding Sundays/federal holidays) - Tenant has right to access for minimum 16 hours over 2 days (including Saturday if requested) - 8:00 AM - 6:00 PM access hours - NO rent or fees for 7-day storage period - Landlord must post notice on eviction day with: - Contact information for access - Office of Tenant Advocate phone number - Landlord & Tenant Branch

- Rent due according to lease agreement terms - ALL rental units must be registered with RAD (Rental Accommodations Division) - Landlord must file registration even if unit is exempt from rent control - Annual registration fee: $21.50 per unit (D.C. Code § 42-3504.01) - Grace period: 5 days per Rental Housing Late Fee Fairness Amendment Act

DC has RENT CONTROL laws: - Annual CPI adjustment: Rent may increase by CPI-W (Consumer Price Index) plus 2%, maximum 10% per year - 12-month waiting period: Cannot increase rent within 12 months of last increase - Notice required: 30 days written notice with specific content (D.C. Code § 42-3502.08(f)) - Elderly/disabled tenants: Limited to CPI-W only (no +2%), maximum 5% (D.C. Code § 42-3502.24) - Vacant units: May increase 10% OR match comparable unit rate, not to exceed 30% (D.C. Code § 42-3

- Maximum late fee: 5% of monthly rent - Grace period: 5 days - cannot charge late fee until 6th day after due date - Must be specified in lease agreement - Late fees must be reasonable

- Pet deposits subject to same rules as security deposits - Nonrefundable pet fees permitted if disclosed - CANNOT charge fees for service animals or emotional support animals with proper documentation (Federal FHA/ADA) - Reasonable pet policies allowed

- Landlord CANNOT interrupt utilities as form of eviction - Lease must specify which party pays which utilities - Landlord may interrupt utilities temporarily for reasonable repairs - Heat required: 68°F daytime, 65°F nighttime when outdoor temperature below 55°F - Hot water: Must reach 120°F in kitchen and bathroom - Violation subjects landlord to penalties and tenant remedies

- Implied covenant of quiet enjoyment in every lease - Landlord cannot unreasonably interfere with tenant's use and enjoyment - Applies to construction projects, excessive visits, harassment - Cannot enter property excessively or at unreasonable times - Violation may be grounds for tenant to terminate lease

Landlord cannot harass tenant by: - Excessive entry attempts - Repeated baseless legal actions - Violating tenant's privacy - Threatening or intimidating behavior - Interference with utilities or essential services May constitute retaliation if done to force tenant to move

- Applies to ALL residential rental units in DC except exempt properties - Covers rental units in buildings regardless of size - Single-family homes, condos, co-ops covered unless exempt - Must register with RAD even if exempt - Rent control CPI adjustment published annually by Rental Housing Commission

- Must obtain short-term rental license from DCRA - Primary residence requirement (owner-occupied) - Maximum number of guests and days per year - Separate license for vacation rentals (unoccupied properties) - Must collect and remit hotel tax (14.95%) - Different rules apply than long-term rentals - May not be subject to rent control provisions

- Section 8 vouchers: Must accept (source of income protection) - HUD regulations apply in addition to DC law - LIHTC properties: Federal tax credit compliance required - Public housing: Federal regulations apply - DC Housing Authority programs: Must comply with program rules

Implied in all leases: Landlord will maintain premises in compliance with DC Housing Code. Includes: - Safe and secure premises - Free from rodents and pests - Structure and facilities in good repair - Adequate heat, lighting, ventilation - Compliance with all housing code standards

Landlord must maintain: - Electricity: Two outlets per habitable room, proper wiring - Plumbing: Hot and cold running water, working fixtures - Heat: 68°F day / 65°F night when outdoor temp below 55°F - Hot Water: 120°F in kitchen and bathroom - Structural: Sound walls, ceilings, floors, stairs, railings - Windows: Screens (March 15-November 15), no cracks, proper operation - Fire Safety: Smoke detectors, fire extinguishers (if required), exit signs - Pest Control: Free from rodents, mice, insec

If landlord fails to repair after proper notice, tenant may: - Void lease if unit unsafe/unsanitary at start of tenancy (14 DCMR § 302) - Withhold rent (implied right - retaliation prohibited under § 42-3505.02) - Repair and deduct for smoke detector installation/maintenance ONLY - Sue for damages in court - Report to DCRA (Department of Consumer and Regulatory Affairs) for inspection - Request housing inspection (call 202-442-9557 option 6)

- Tenant may request inspection from DCRA - After inspection, Director must provide tenant copy of violation notices - Landlord must correct violations within timeframe specified in notice - If violations not corrected, landlord subject to fines and penalties - Tenant protected from retaliation for requesting inspection

Landlord CANNOT: - Change locks without court order - Remove tenant's possessions - Shut off utilities - Use physical force to remove tenant - Any "self-help" eviction methods

- ALL rental units must register with RAD (Rental Accommodations Division) - Even exempt units must file exemption form - Annual registration fee: $21.50 per unit - Must register base rent and any changes - Failure to register can result in penalties and inability to increase rent - Registration must include all required property and ownership information

Units EXEMPT from rent control (but must still register): - Housing built after December 31, 1975 - Housing operated by foreign governments for diplomatic personnel - Units in buildings with 4 or fewer rental units (if owner occupies one) - Rental units owned by cooperative housing associations - Federal or District government owned housing - Units where tenant receives federal or District rent subsidies (some exceptions) - Hotels, motels, transient housing Exemptions must be filed with RAD on o

When unit becomes vacant, landlord may elect ONE of: 1. Increase rent by 10% of current rent charged, OR 2. Increase to match rent of substantially identical unit in same building (not exceeding 30% increase) - Cannot combine with other rent increases in same 12-month period - Must disclose to new tenant: - Rent at commencement - Amount of increases in past 3 years and basis for each - 12-month waiting period before next increase

For major renovations requiring tenant vacation: - Must give 120-day advance notice - Must provide relocation assistance (subchapter VII) - Tenant has absolute right to reoccupy after completion - Continues to be tenant during renovation for purposes of Chapter 34 rights - Must serve all notices at tenant's interim address by first-class mail - May petition for rent increase to recover rehabilitation costs

- Cannot convert without majority of tenants voting for conversion - Election must be certified by District - Must file with Rent Administrator - Extensive tenant rights and protections apply - Tenant Bill of Rights must disclose conversion status

Special rent increase limits for elderly (62+) or disabled tenants with qualifying income: - Rent increases limited to CPI-W only (no +2% addition) - Maximum 5% increase (vs. 10% for other tenants) - Cannot assess capital improvement or hardship surcharges - Landlord receives tax credit for foregone rent increases - Must qualify based on income thresholds - Tenant may waive protections in writing (voluntarily, without coercion)

- Must file annual registration with RAD - Fee: $21.50 per unit - Update any changes in ownership, rent, exemption status - Failure to register can result in penalties and inability to increase rent

- Maintain current rent roll for all units - Document all rent increases and basis - Keep copies of RAD filings and approvals - Required for rent control compliance and petitions

- Comprehensive move-in inspection with tenant - Document existing conditions with checklist and photos - Both parties sign move-in report - Move-out inspection within 3 days before/after termination (14 DCMR § 309) - Document damages vs. normal wear and tear - Essential for security deposit compliance

- Keep copies of all code violation notices - Document corrective actions taken - Obtain certifications of abatement - Provide copies to tenants as required - Necessary for rent increase approval and defending claims

Maintain records for: - Rental income received - Operating expenses - Capital improvements (for depreciation) - Property tax payments - Interest paid on mortgages Required for federal and DC tax returns

Maximum security deposit is ONE MONTH'S RENT. Cannot exceed this amount. Charged only once per tenancy.

- Must deposit in interest-bearing escrow account within 30 days of receipt - Account must be at financial institution in DC insured by federal or state agency - Account CANNOT be commingled with landlord's assets - Must be used ONLY for security deposits - Owner of multiple buildings may use one escrow account for all buildings

- 45 days to return deposit with accrued interest OR provide itemized list of withholdings - Must pay interest on deposit to tenant - Interest rate: Banking institution's rate as of January 1 (first 6 months) and July 1 (next 6 months) - Landlord must post annual notice in lobby showing deposit location and interest rates - At move-out, must provide list showing interest rate for each 6-month period during tenancy

May deduct for: - Unpaid rent - Damage beyond normal wear and tear - Other expenses provided for in lease agreement - Normal wear and tear - Replacement value of items damaged by normal wear and tear (D.C. Code § 42-3502.17(c))

- Must provide itemized list of deductions within 45 days - List must include description and cost of each item - Tenant may inspect property within 3 days before/after termination (excluding Saturdays, Sundays, holidays) to verify condition

- Bad faith withholding: Tenant entitled to amount withheld OR treble damages (3x) - "Bad faith" = frivolous, unfounded refusal motivated by fraudulent, deceptive, misleading, dishonest, or unreasonably self-serving purpose - Failure to pay interest: Civil fine up to $5,000 per violation - Tenant may sue in small claims court - Prevailing party may recover attorney fees

For housing built before 1978: - Must provide EPA-approved lead paint pamphlet - Disclose known lead-based paint and hazards - Provide records/reports on lead paint - Include specific warning language in lease - Give tenant 10-day period to inspect for lead - Federal requirement, applies in DC

- Smoke detectors required in each bedroom and outside sleeping areas - Carbon monoxide detectors required if gas appliances or attached garage - Landlord responsible for installation - Tenant responsible for battery replacement (unless landlord provides) - Must be maintained in working order - Tenant may install if landlord fails (repair and deduct allowed)

Landlord must disclose any information known about mold contamination in: - Rental unit - Common areas In past 3 years, UNLESS mold remediated by certified, licensed professional

- If asbestos present, must be managed according to EPA regulations - Cannot disturb asbestos-containing materials without proper abatement - Tenants must be notified of asbestos presence - Licensed contractors required for removal

Landlord must provide relocation assistance when evicting for: - Demolition (180-day notice + assistance) - Substantial rehabilitation (120-day notice + assistance) - Discontinuance of housing use (120-day notice + assistance)

- Tenant displaced for substantial rehabilitation has absolute right to reoccupy unit after completion - Tenant continues to be considered tenant during renovation - Must serve all notices at interim address - Landlord cannot refuse reoccupancy or charge higher rent than allowed

- Before selling rental property, must offer tenants first right to purchase - Tenant association or majority of tenants may exercise right - Must provide terms and give time to organize and secure financing - Extensive procedural requirements - Violation can void sale or result in penalties

For pre-1978 housing: - Disclosure of known lead paint (federal requirement) - Must remediate lead hazards if identified - Cannot rent unit with lead paint hazards to families with children under 6 - Tenant may request lead inspection - If lead found, must abate properly with certified contractors

- Cannot evict tenant who is victim of intrafamily offense if that offense is basis for eviction action - Applies to tenant or parent/guardian of minor victim - Tenant must provide evidence (protective order, police report, etc.) - Court will determine if offense was basis for eviction - Cannot discriminate in housing based on victim status

Tenants may form associations with rights to: - Meet in common areas without charge - Post notices on bulletin boards - Distribute literature - Access to building for organizing - Invite outside organizers Landlord cannot: - Interfere with organizing - Retaliate against members - Charge fees for meeting space - Prevent access to building for organizing

If building placarded by District government for code violations: - Tenancy not terminated until unit offered for reoccupancy - Mayor maintains registry of displaced tenants with interim addresses - Tenants receive written notice of right to maintain tenancy - Must be offered right to return when violations corrected

- After serving notice to vacate, landlord cannot make alterations to unit - Prevents landlord from making unit uninhabitable to force tenant out - Violations subject to penalties - Protects tenant during notice period

- All notices must be in English and Spanish at minimum - If landlord knows tenant speaks other language, must provide notice in that language - Court will not consider notice valid without proper translation - Applies to eviction notices, rent increase notices, and other important documents - Part of DC's language access requirements

Landlord CANNOT retaliate against tenant within 6 months of tenant: - Making complaint to housing authorities - Joining or organizing tenant association - Asserting legal rights - Withholding rent for code violations - Increasing rent - Decreasing services - Increasing tenant obligations - Violating tenant's privacy - Harassing tenant - Seeking to evict tenant - Refusing to honor lease terms

Tenants have right to: - Organize tenant associations - Hold meetings in common areas - Distribute literature - Post information on bulletin boards - Provide building access to outside tenant organizers Landlord cannot interfere with these rights.

Cannot discriminate based on: - Race - Color - Religion - National origin - Sex (including gender identity/expression) - Disability - Familial status (children under 18) - Sexual orientation - Marital status - Personal appearance - Source of income (including Section 8 vouchers) - Place of residence or business - Matriculation (student status)

- Must provide reasonable accommodations for disabled tenants - Includes modifications to policies, services, or physical space - Cannot charge fees for service animals or emotional support animals - Must allow reasonable modifications to unit (tenant may pay) - Cannot ask about nature of disability (only need for accommodation)

- Victim of intrafamily offense has defense to eviction based on that offense - Applies to tenant or parent/guardian of minor victim - Must have protective order or evidence of offense - Court determines if offense was basis for eviction action

Landlord must provide Tenant Bill of Rights pamphlet (published by Office of Tenant Advocate) at start of tenancy. Must also provide voter registration packet.

- Attorney General's Consumer Protection Unit enforces landlord-tenant law - Can investigate discrimination complaints - May interview tenants and review landlord records - Can issue cease and desist orders - May bring actions for pattern of violations

- Tenants may sue for violations of Landlord-Tenant Code - May recover actual damages - May recover statutory penalties (e.g., double deposit, 2 months' rent) - May recover attorney fees in some cases - May obtain injunctive relief

- Any provision authorizing confession of judgment against tenant is VOID - Cannot be enforced by landlord - Applies to rental agreements and any related documents - Tenant does not waive any defense by signing such provision

- NO provision in rental agreement for recovery of attorney fees is enforceable - Applies to both landlord and tenant fee provisions - Even if lease says "prevailing party recovers fees," it is unenforceable - Exception: Court may award fees under specific statutory provisions

Landlords must disclose in writing: - Name and address of person authorized to manage the property - Name and address of property owner or owner's agent - Location of security deposit account within 20 days of receipt (§ 5514) - Lead-based paint disclosure for pre-1978 housing (federal requirement) - Method of security deposit storage (§ 5514)

Rental agreements may be oral or written. However: - Leases over 1 year MUST be in writing (Statute of Frauds) - If landlord tenders written lease and tenant accepts possession/pays rent without signing, lease has same effect as if signed - Unsigned leases providing for term longer than 1 year create only a 1-year term

Lease CANNOT contain provisions that: - Waive or agree to forgo any right, remedy, or requirement of the Landlord-Tenant Code - Agree to exculpation or limitation of landlord liability under law - Require tenant to indemnify landlord for that liability or costs - Require tenant to declaw a cat as condition of rental - Authorize confession of judgment against tenant (§ 5121) - Require tenant to pay landlord's attorney fees (§ 5106)

Notice requirements to modify or terminate periodic tenancy: - Year-to-year: 60 days' written notice before end of annual period - Month-to-month: 60 days' written notice before end of monthly period (notice begins first day of following month) - Week-to-week: 7 days' written notice before end of weekly period - Fixed-term leases automatically convert to month-to-month unless either party provides notice

Notice requirements for termination: - Fixed-term lease: No notice required; expires on end date - Year-to-year: 60 days' written notice - Month-to-month: 60 days' written notice (beginning first day of following month) - Week-to-week: 7 days' written notice - Notice must be in writing and delivered properly

Tenants may terminate early with 30 days' written notice (beginning first day of following month) for: - Employment relocation: Change in location exceeds 30 miles with present employer - Serious illness: Tenant or immediate family member requiring relocation - Health/safety order: Government order requiring unit to be vacated - Institutionalization: Tenant or family member admitted to institution - Senior housing: Tenant age 62+ accepted into senior facility - Active military duty: Servicemembe

- Landlord may enter only for specific purposes: - Inspecting premises - Making repairs - Showing unit to prospective tenants/buyers - Emergencies - 48 hours advance notice required (except emergencies) - Entry must be at reasonable times - Cannot abuse right of access

- Landlord CANNOT change locks or exclude tenant - Cannot physically remove tenant without court order - Violation of lockout prohibition allows tenant to: - Recover possession OR terminate lease - Recover at least 2 months' rent in damages - Obtain injunctive relief - Recover attorney fees

- If rent unpaid when due, landlord may deliver 5-day notice - Notice must state amount owed and deadline to pay - If not paid within 5 days, landlord may terminate and file for eviction - Tenant has 5 days to pay all rent due to avoid eviction

- For material breach of lease, landlord gives 7-day notice - Notice must specify breach and advise that lease terminates if not cured within 7 days - Tenant has 7 days to cure or vacate - Landlord may remedy breach and bill tenant for costs - If substantially similar violation within 1 year, no advance notice required (immediate termination)

NO ADVANCE NOTICE required if tenant: - Violates lease provision that also violates municipal, county, or state code/statute - Commits same material lease violation within 12 months of prior violation - Causes or threatens to cause irreparable harm to person or property - Convicted of Class A misdemeanor or felony during tenancy causing/threatening irreparable harm - Landlord may immediately file for summary possession

- File complaint with Justice of Peace Court in county where property located - Filing fee: $45 (includes service of process) - Must serve summons and complaint 5-30 days before hearing - Service methods: personal service, suitable person at residence, or posting + certified mail - Proof of service must be filed within 5 days

- Tenant may file answer orally or in writing at hearing - Either party may request jury trial - Court issues judgment for possession and/or damages - Landlord may recover actual damages and reasonable attorney fees - Writ of possession cannot issue until 10 days after judgment - 24-hour notice required before physical eviction

- After rightful termination, duties under agreement cease - Landlord must discharge obligations as soon as practicable - If tenant fails to vacate, landlord may file for summary possession - Landlord entitled to damages for holdover period

- Landlord CANNOT: - Willfully exclude tenant from premises without court process - Willfully interrupt essential services (utilities, heat, water) - Remove tenant's property without court order - Change locks without court order - Use any self-help eviction tactics - Violation allows tenant to: - Recover possession or terminate lease - Recover actual damages (at least 2 months' rent) - Obtain injunctive relief

Landlords cannot refuse to rent, subrent, sublease, assign, or cancel rental agreement based on: - Race - Creed - Religion - Marital status - Color - Sex - Sexual orientation - Gender identity - National origin - Disability - Age - Source of income - Occupation - Military status - Housing status - Familial status

- Cannot demand or receive greater rent because of tenant's protected class status - Applies to any protected characteristic under § 5116(a) - Tenant may recover damages for discrimination

- Landlord must retain records of each application for 6 MONTHS - Delaware Attorney General's Consumer Protection Unit may investigate discrimination complaints - May interview tenants and inspect application records under search warrant - AG may issue cease and desist orders for violations

- Cannot charge pet fees or deposits for service animals or emotional support animals - Must allow reasonable accommodations for disabilities - Cannot require documentation beyond verification of disability-related need - Applies even if property has "no pets" policy

- Rent due according to rental agreement terms - If not specified, rent due at beginning of rental period - Payment methods should be specified in lease - Landlord must maintain local office for rent payment (unless exempt) - No state limit on rent amount

- Maximum late fee: 5% of monthly rental amount - Grace period required: Cannot charge late fee until rent is at least 5 days late - Local office requirement: Landlord must maintain office in county where property located, OR tenant gets 3 additional days grace period before late fee can be charged - Must be specified in written lease agreement

- Maximum pet deposit: 1 month's rent (regardless of lease duration) - Pet deposit subject to same rules as security deposit (storage, return, itemization) - Damage from animals first deducted from pet deposit, then security deposit - EXCEPTION: Cannot charge fees for service animals or emotional support animals with proper documentation - May charge non-refundable pet fees if disclosed in lease

- Landlord must provide hot water, heat, water, and electricity unless agreement states otherwise - Cannot shut off utilities as form of eviction (§ 5502) - 48-hour notice rule: If landlord fails to provide essential services for 48+ hours, tenant may terminate or withhold 2/3 per diem rent - Lease should specify which utilities tenant vs. landlord pays - Metering requirements for utility charges (§ 5312)

Landlord must: - Comply with all state/local building codes, statutes, ordinances - Provide rental unit that does not endanger health, welfare, or safety - Ensure unit is fit for purpose for which it is rented - Keep common areas clean and sanitary - Make all repairs to keep unit in good condition as at commencement of tenancy - Maintain all electrical, plumbing, and other facilities in good working order

- Landlord must substantially provide hot water, heat, water, and electricity - 48-hour rule: If failure continues 48+ hours after notice, tenant may: 1. Terminate rental agreement immediately with written notice, OR 2. Withhold 2/3 per diem rent during period services not supplied - Landlord may show impossibility of performance to avoid liability

- If unit damaged/destroyed making it uninhabitable, either party may terminate - If fire/casualty caused by tenant's negligence, landlord may recover damages - Rent abates during period unit is uninhabitable - Tenant may relocate and recover moving expenses if landlord at fault

- Landlord may enter ONLY for: 1. Inspecting the premises 2. Making necessary or agreed repairs 3. Showing unit to prospective tenants/buyers 4. Emergency situations - 48-hour notice required for non-emergency entry - Entry must be at reasonable times - Emergency entry allowed without notice

- Before renting: Landlord must visually inspect unit for bed bugs (living bugs, carapaces, eggs, blood spotting) - Upon request: Must inform prospective tenant if unit or adjacent unit had infestation within previous 365 days - During tenancy: Tenant must immediately report suspected infestation - Treatment: Landlord responsible for extermination costs unless tenant caused infestation through negligence - Cannot charge tenant for treatment unless tenant at fault

- Either party may terminate with 60 days' written notice - Notice period begins first day of month following actual notice - Example: Notice given March 15 = 60 days begins April 1 (May 30 termination) - Must be in writing and properly delivered

- Eligible low-income tenants have right to appointed legal representation in eviction cases - Office of Eviction Defense established - Applies to tenants meeting income eligibility requirements - Covers summary possession and other landlord-tenant actions

- After judgment, landlord may request writ of possession - Cannot issue until 10 days after judgment - If appeal filed with bond, must wait for appeal decision - Fee: $40 for writ - Sheriff/constable serves 24-hour notice before physical eviction - Forcible removal only after 24-hour notice expires

- Wilmington: Rental registration and licensing required - Newark: Rental permit required - Other cities: Check with local government - Registration fees and inspection requirements vary by locality - Failure to register may result in fines or inability to evict

- All rental properties in Wilmington must be licensed - Annual renewal required - Inspection required before license issued - Separate license for each rental unit - Violations result in fines and inability to collect rent

- Rental permit required for all rental properties in Newark - Different categories based on occupancy - Student rental areas have additional requirements - Inspection and occupancy limits - Annual renewal required

- Property must be zoned for rental use - Occupancy limits based on zoning - Some areas restrict number of unrelated occupants - Check local zoning codes for restrictions - Illegal use can result in fines and forced eviction

- If landlord charges late fees: Must maintain office in county where property located - Office must be location where tenants can pay rent - If no local office: Tenant gets 3 additional days to pay rent before late fee can be charged - Business hours must be reasonable for rent payment

- All notices under Code must be in writing unless otherwise specified - Notice is effective when: - Delivered by hand to tenant - Left at premises with person of suitable age and discretion - Mailed by registered or certified mail to last known address - Posted at premises in conspicuous place

- Property managers must hold active Delaware real estate broker or salesperson license - "Property management" includes leasing, renting, or collecting rent for others - Exemptions for: owners managing own property, certain employees, attorneys in practice - Unlicensed activity is illegal

- Each office must have designated broker-in-charge - All salespersons must work under supervising broker - Broker responsible for actions of salespersons - Must maintain office in Delaware

- Landlord has reasonable time to make repairs after notice (not more than 30 days) - For repairs affecting essential services: Must act within 48 hours or tenant has remedies - Emergency repairs: Immediate action required - Failure to repair timely gives tenant right to repair and deduct

- Move-in inspection highly recommended - Document condition with comprehensive checklist - Take dated photographs - Both parties should sign inspection report - Move-out inspection required to withhold deposit - Itemized damages list required within 20 days

- Pre-1978 housing: Must provide lead disclosure pamphlet - Must disclose known lead-based paint hazards - Provide 10-day opportunity for lead inspection - Include lead disclosure addendum in lease - Both parties must sign acknowledgment - Federal penalties up to $19,507 per violation (2024)

Landlord CANNOT retaliate by: - Increasing rent - Decreasing services - Threatening eviction - Bringing eviction action - Refusing to renew lease Because tenant: - Complained to government agency about code violations - Complained to landlord about conditions - Organized or joined tenant's organization - Exercised rights under Landlord-Tenant Code

- Tenant who is domestic violence, sexual offense, or stalking victim has protections - Landlord cannot retaliate against victim tenant - Victim may not be evicted for incidents related to domestic abuse - Victim has right to early termination with 30 days' notice and documentation - Landlord must maintain confidentiality of victim status - Delinquent tenants cannot use this protection

- Tenant may terminate with 30 days' written notice if victim of domestic abuse, sexual offense, or stalking - Must provide: - Protective order, OR - Police report, OR - Documentation from domestic violence service provider - Notice period begins first day of month following actual notice - Landlord must keep documentation confidential

- Lease 1+ years: Maximum 1 month's rent - Month-to-month (under 1 year): No maximum limit - After 1 year of month-to-month: Maximum 1 month's rent (must refund excess immediately) - Furnished units: No maximum limit regardless of lease term - Exception: Federally-assisted housing may have different limits

- Must be placed in escrow bank account in federally-insured banking institution with Delaware office - Account must be designated as "security deposits account" - Cannot be used in operation of any landlord business - Must disclose location of account to tenant - Security deposit principal held for benefit of tenant - Tenant's claim to deposit is PRIOR to any creditor of landlord (including bankruptcy trustee)

- No deductions: Return full deposit within 20 days after lease ends - With deductions: Provide itemized list of damages and estimated repair costs within 20 days - Must tender payment for difference between deposit and repair costs within 20 days - Failure to provide itemization within 20 days = acknowledgment that no payment for damages is due - Send to tenant's last known address or forwarding address (tenant must provide)

- Must provide itemized list of each damage - Include estimated cost of repair for each item - Tenant has 10 days to object in writing after receiving payment - Tenant's acceptance constitutes agreement on damages unless objection filed - Failure to itemize within 20 days forfeits right to withhold any deposit

- Failure to return deposit or provide itemization within 20 days: Tenant entitled to DOUBLE the amount wrongfully withheld - Failure to disclose deposit location within 20 days of written request: FORFEITURE of entire deposit to tenant - Failure to return after forfeiture: Tenant entitled to DOUBLE the deposit amount

- Separate comprehensive regulations for mobile home parks - Different notice requirements and procedures - Specific disclosure requirements - Rent control provisions may apply - See Chapter 70 for complete requirements

- May restrict to residents age 55 and older - Must meet HUD requirements for exemption - At least 80% of units occupied by person 55+ - Cannot discriminate within other protected classes - Must publish and follow policies confirming senior housing

- Section 8 vouchers: Follow HUD requirements and Delaware law - LIHTC properties: Federal tax credit compliance - Public housing: Federal regulations apply - May have different security deposit limits - Must comply with program-specific rules

Tenant must: - Keep unit clean and sanitary - Dispose of garbage properly - Use facilities reasonably - Not deliberately or negligently destroy, deface, or damage property - Not disturb neighbors' peaceful enjoyment - Comply with housing codes - Pay rent when due - Not violate law on premises

- Landlord may bring action for waste or breach of contract - Damages for tenant's willful or negligent failure to comply with obligations - Landlord may request forthwith summons for expedited hearing - Court may award damages and possession

- All security deposits must be in SEPARATE escrow account - Account must be in federally-insured bank with Delaware office - Account designated as "security deposits account" - Cannot commingle with operating funds - Cannot be used in business operations - Tenant's claim prior to all creditors (including bankruptcy)

- Landlord cannot demand "assurance money" (money to assure rental will occur) - If collected, must be returned immediately upon request - If not returned, tenant may sue for double the amount - Does not apply to legitimate application fees or deposits

- Landlord SHALL NOT charge tenant any non-refundable fee - Exception: Optional service fees for actual services (pool fee, tennis court fee) - All other fees must be refundable or justified by actual costs - Violation allows tenant to recover fee plus damages

Landlord may enter for: - Inspection of premises - Making necessary or agreed repairs - Exhibiting property to prospective tenants/buyers - Other purposes agreed in lease Must provide reasonable notice and enter at reasonable times.

- Must give "reasonable notice" (statute does not specify days) - Common practice and case law: 12-24 hours is reasonable - Notice can be written or verbal (written recommended) - Must enter at reasonable times (typically daytime hours)

- Landlord may enter WITHOUT notice in emergencies - Emergencies include: Fire, flood, threat to life/property - Should notify tenant as soon as practicable after entry - Limited to addressing immediate emergency

- Landlord may enter to make necessary repairs - Must provide reasonable notice unless emergency - Tenant cannot unreasonably refuse entry - Should coordinate with tenant for scheduling when possible

- Tenant entitled to quiet enjoyment of premises - Landlord cannot abuse right of entry - Harassment through excessive entry may be lease violation - Tenant can seek remedy if landlord violates entry rights

Landlord must disclose in writing at or before tenancy commencement: - Name and address of landlord or authorized person to receive notices - Name and address of person authorized to manage property - How and where security deposit is held (within 30 days of receipt) - Whether tenant is entitled to interest on deposit - Account information where deposit is held

Lease CANNOT contain provisions that: - Waive tenant's rights under Florida Residential Landlord and Tenant Act - Authorize landlord to confess judgment - Hold tenant responsible for landlord's attorney fees (must be reciprocal if included) - Waive or preclude tenant's rights to use any required legal procedures - Agreement is unconscionable (court may refuse enforcement)

- Fixed-term leases: Automatically convert to month-to-month unless parties agree otherwise or lease specifies termination procedure - Lease may require tenant to notify landlord of intent not to renew - Renewal of existing rental agreement is considered a new rental agreement (F.S. § 83.49(6)) - Security deposit carried forward is considered a new security deposit

Notice requirements for termination without specific term: - **Year-to-year:** 60 days' notice prior to end of annual period - **Quarter-to-quarter:** 30 days' notice prior to end of quarterly period - **Month-to-month:** 30 days' notice prior to end of monthly period (updated 2023) - **Week-to-week:** 7 days' notice prior to end of weekly period Notice delivered via methods in F.S. § 83.56

Tenant may terminate early for: - **Military service:** Servicemembers on active duty may terminate with 30 days' written notice (F.S. § 83.595) - **Domestic violence:** Victims may terminate with 30 days' notice and documentation (F.S. § 83.682) - **Uninhabitability:** Constructive eviction if premises become uninhabitable - **Casualty loss:** If premises destroyed or substantially damaged (F.S. § 83.63)