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US Tenant Rights

US Tenant Rights by State: California, New York, Florida

Tenant rights in the United States are governed primarily by state law, with significant additional protections in many cities. Federal law sets a baseline through the Fair Housing Act and other statutes. This guide covers federal protections, state-by-state key rules, and where to get help.

How US Tenancy Law Works

Unlike Canada — where each province has a comprehensive residential tenancy statute — the United States has no single federal residential tenancy framework. Tenant rights are governed primarily by state law, with substantial additional protections in many cities and counties, particularly around rent stabilization and just-cause eviction.

The result is extreme variation. A tenant in San Francisco has some of the strongest protections in North America. A tenant in rural Texas may have very few. Even within the same state, city ordinances can dramatically change a tenant's rights.

Federal law plays a major role in anti-discrimination protections. The Fair Housing Act, the Americans with Disabilities Act, the Violence Against Women Act, and the Lead Disclosure Rule all apply nationwide regardless of state law.

State laws govern rent control (or its absence), security deposit rules, notice requirements, and eviction procedures. Courts and administrative tribunals vary significantly in how quickly and fairly they process tenant claims.

LeasePlain is primarily focused on Canada

Our AI lease analyzer and tenant rights guides are currently optimized for Canadian law — primarily Ontario. We are actively building US state coverage. In the meantime, this page provides a substantive overview of key protections.

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Federal Protections — Apply in Every State

These federal laws apply to all residential tenants in the United States, regardless of which state or city they live in.

Fair Housing Act (42 U.S.C. § 3604)

Federal — applies to all landlords

The Fair Housing Act prohibits discrimination in the sale, rental, or financing of housing based on seven protected characteristics: race, color, national origin, religion, sex, familial status, and disability. It is illegal for a landlord to refuse to rent, set different terms or conditions, or otherwise treat a tenant differently because of any of these characteristics.

Many states and cities extend these protections further — adding source of income, sexual orientation, gender identity, age, and immigration status as protected classes. The federal law sets a floor, not a ceiling.

Lead Disclosure Rule (42 U.S.C. § 4852d)

Applies to pre-1978 housing

Landlords of housing built before 1978 must disclose any known lead-based paint hazards and provide tenants with an EPA-approved informational pamphlet (Protect Your Family from Lead in Your Home) before the lease is signed. This applies to all 50 states. Violations carry civil penalties of up to $19,507 per violation (adjusted for inflation). Lead exposure — particularly in older housing stock — remains a significant health risk, especially for children.

Violence Against Women Act (VAWA)

Applies to federally assisted housing; many states extend broader coverage

VAWA protects survivors of domestic violence, dating violence, sexual assault, and stalking from being evicted or denied housing because they are victims of such crimes. A landlord in federally assisted housing cannot evict a tenant solely because they were the victim of abuse, nor can they hold an incident of abuse-related crime against the tenant at lease renewal. Survivors may also have the right to an emergency lease transfer to a different unit. Many states and cities have enacted analogous protections that apply to private (non-subsidized) housing.

Americans with Disabilities Act — Reasonable Accommodation

Federal; also enforced through Fair Housing Act Section 504

Landlords must provide reasonable accommodations — changes in rules, policies, or services — when necessary for a person with a disability to have equal opportunity to use and enjoy the housing. They must also allow reasonable modifications(physical changes to the unit or common areas) at the tenant's expense, unless the landlord receives federal funding. Examples: allowing a guide dog despite a no-pets policy; installing a grab bar in a bathroom; assigning a reserved accessible parking space. Landlords cannot charge extra fees or deposits solely because of a disability-related accommodation.

State-by-State Key Rules

Detailed rules for major states. Local ordinances may be significantly stronger — always check your city's rules as well.

California

Key legislation: AB 1482 (Tenant Protection Act, 2019) · AB 12 (2024)

Rent Cap — AB 1482 (Tenant Protection Act, 2019)

California's statewide rent cap limits annual increases to the lower of: (a) 5% plus the local CPI (Consumer Price Index), or (b) 10% total. The cap applies to buildings that are 15 or more years old — buildings built before January 1, 2005 are generally covered as of 2020 (the cutoff year rolls forward annually). Single-family homes and condominiums are exempt unless owned by a corporation or REIT. Mobile homes, hotels, dormitories, and units already subject to local rent control are also exempt.

Cities including San Francisco, Los Angeles (RSO covers pre-1979 buildings), Oakland, and San Jose have their own rent ordinances that are often stricter than the statewide cap — including lower percentage caps and wider coverage.

Security Deposit — AB 12 (effective July 1, 2024)

  • Maximum: 1 month's rent for both furnished and unfurnished units
  • Small-landlord exception: landlords who own no more than 2 residential properties with a combined total of 4 or fewer units may charge up to 2 months' rent for unfurnished units
  • Before July 1, 2024: limit was 2 months (unfurnished) or 3 months (furnished)
  • Return deadline: 21 days after tenant vacates, with itemized statement

Just Cause Eviction — AB 1482

For covered units, after a tenant has resided there for 12 months (or if any occupant has lived there for 24+ months), the landlord must have just cause to evict. There are 15 enumerated just-cause reasons split between:

  • At-fault causes: non-payment of rent, criminal activity, damage to property, refusal to grant lawful entry, assignment or sublease in violation of lease
  • No-fault causes (require relocation assistance): owner move-in, demolition, withdrawal from rental market, government order requiring vacancy

No-fault evictions require the landlord to pay relocation assistance equal to one month's rent directly to the tenant.

Notice Requirements

SituationNotice Required
Non-payment of rent3-day notice to pay or quit
Curable lease violation3-day notice to cure or quit
Uncurable lease violation3-day unconditional notice to quit
No-fault termination (tenant < 1 year)30-day notice
No-fault termination (tenant ≥ 1 year)60-day notice

New York

Key legislation: HSTPA (2019) · Good Cause Eviction Law (2024)

Rent Stabilization — HSTPA (2019)

New York's Housing Stability and Tenant Protection Act (2019) significantly strengthened rent stabilization. Rent stabilization generally applies to buildings with 6 or more units built before 1974 in New York City, covering approximately one million apartments.

  • HSTPA eliminated luxury decontrol — apartments can no longer be deregulated when rent exceeds a threshold or when a high-income tenant vacates
  • Major Capital Improvement (MCI) rent increases are now capped at 2% per year and must be removed from the rent after 30 years
  • Individual Apartment Improvement (IAI) increases are capped at $89/month per $15,000 of improvements (reset each tenancy)
  • RGB annual guidelines for leases commencing Oct 1, 2025–Sept 30, 2026: 3% (one-year lease), 4.5% (two-year lease)
  • Security deposit: capped at 1 month's rent statewide for all residential tenancies

Good Cause Eviction Law (2024)

Effective April 2024, New York enacted a statewide Good Cause Eviction Law that applies automatically in New York City and allows other municipalities to opt in. For covered tenants:

  • Landlords must have a legitimate reason (good cause) to commence eviction proceedings or to refuse to renew a lease
  • For no-fault non-renewals: landlord may only raise rent by the lesser of 8.82% or 5% plus CPI; if the proposed increase exceeds this, the tenant can contest it in court
  • Applies to buildings with 4 or more units; owner-occupied buildings of 10 or fewer units are exempt
  • Exemptions: buildings less than 30 years old (rolling), buildings subject to existing rent stabilization, subsidized housing, dormitories, co-ops

Notice Requirements

SituationNotice Required
Non-payment of rent14-day rent demand; then eviction proceeding
Holdover (lease expired)30-day notice if tenancy < 1 year; 60-day if 1–2 years; 90-day if > 2 years
Lease non-renewal (stabilized)Must offer renewal 90–150 days before expiration

Florida

Key legislation: Florida Residential Landlord and Tenant Act · HB 1417 (2023)

No rent control anywhere in Florida

HB 1417, which took effect July 1, 2023, expressly preempts all local rent control ordinances in Florida. No city or county — including Miami-Dade, which had passed a rent stabilization measure in 2022 — can regulate rent amounts. Landlords may raise rent by any amount.

Security Deposit Rules

Florida Statutes § 83.49 governs security deposits. There is no cap on the deposit amount, but the landlord must hold it using one of three permitted methods — disclosed in writing within 30 days of receipt:

  • Method 1: Non-interest-bearing separate Florida banking institution account
  • Method 2: Interest-bearing account — tenant receives 75% of annualized interest rate or 5% per year, whichever the landlord elects
  • Method 3: Surety bond posted by the landlord
  • Return with no deductions: landlord must return within 15 days of tenant vacating
  • Return with deductions: landlord must send itemized written notice of claim within 30 days; failure to do so forfeits the right to make deductions

Notice Requirements

SituationNotice Required
Non-payment of rent3-day notice (excluding weekends and legal holidays)
Curable lease violation7-day notice to cure
Uncurable lease violation7-day notice of termination
Month-to-month termination15 days before end of monthly period
Tenancy > 1 year30-day notice
Tenancy > 2 years60-day notice
Tenancy > 3 years90-day notice (updated 2023)

Texas

Key legislation: Texas Property Code, Title 8 (Landlord and Tenant)

  • No statewide rent control; Houston, Dallas, Austin, and San Antonio have no rent caps
  • Security deposit: no statutory cap; must be returned within 30 days of move-out with itemized deductions
  • 3-day notice to vacate required before filing eviction (unlawful detainer) for non-payment
  • Landlord must repair conditions materially affecting health or safety within a reasonable time after written notice — typically 7 days
  • Tenant may terminate lease early without penalty if landlord fails to repair habitability conditions
  • Retaliation (eviction or rent increase within 6 months of tenant asserting rights) is presumed retaliatory under Texas Property Code § 92.331

Where to File Tenant Complaints

The right agency depends on the type of complaint and which state you are in.

California

  • Local housing authority or code enforcement (habitability, repairs)
  • California Department of Consumer Affairs (general tenant issues)
  • California Civil Rights Department (DFEH) for housing discrimination
  • NYC-equivalent: no single body — county courts for most disputes
  • LA Housing Dept (LAHD) for RSO complaints in Los Angeles
  • SF Rent Board for rent ordinance issues in San Francisco

New York

  • NYC HPD (Housing Preservation and Development) for habitability and city code violations
  • DHCR (Division of Housing and Community Renewal) for rent stabilization issues
  • NYS Division of Housing and Community Renewal for statewide issues
  • NYC Commission on Human Rights for discrimination
  • Housing Court (NYC Civil Court) for eviction defense

Florida

  • County court small claims division (deposit disputes up to $8,000)
  • Florida Commission on Human Relations (FCHR) for housing discrimination
  • HUD Fair Housing complaint (federal discrimination cases)
  • Local code enforcement for habitability and maintenance issues
  • Florida Bar Referral Service to find a tenant's rights attorney

Frequently Asked Questions

Common questions about tenant rights in the United States.

Which US states have rent control?

Rent control exists at the state or local level, not federally. California has a statewide rent cap under AB 1482 (5% + CPI, max 10%), plus stronger local ordinances in cities like San Francisco, Los Angeles, and Oakland. New York has rent stabilization covering approximately one million NYC apartments and a Good Cause Eviction law (2024) limiting no-fault rent increases. Oregon has statewide rent control (7% + CPI, max 10%). New Jersey, Maryland, and Washington DC have local rent control laws. Florida, Texas, and most Southern states have no rent control — in fact, Florida HB 1417 (2023) preempted all local rent control ordinances statewide.

What is the security deposit limit in California?

Under AB 12 (effective July 1, 2024), California landlords can charge a maximum security deposit of one month's rent — for both furnished and unfurnished units. There is one exception: small landlords who own no more than two residential properties with a combined total of four or fewer units may charge up to two months' rent for unfurnished units. Before July 1, 2024, the limit was two months' rent for unfurnished units and three months' for furnished units.

How long does a landlord have to return a security deposit in Florida?

Under Florida Statutes § 83.49, if a landlord intends to make no deductions, the deposit must be returned within 15 days of the tenant vacating. If the landlord intends to make deductions, they must send an itemized written notice of the claim within 30 days of the tenant vacating. If the landlord fails to send this itemized notice within 30 days, they forfeit the right to make any deductions from the deposit.

What is Good Cause Eviction in New York?

The Good Cause Eviction Law, enacted as part of New York's 2024 budget, applies automatically in New York City and allows municipalities statewide to opt in. For covered tenants, landlords must have a valid legal reason (good cause) to evict or to refuse lease renewal. For no-fault non-renewals (such as the landlord wanting the unit back without fault by the tenant), landlords may only raise rent by the lesser of 8.82% or 5% plus CPI. The law applies to buildings with four or more units but has exemptions for small landlords (owner-occupied buildings of 10 or fewer units), owner-occupied buildings of four or fewer units, and buildings less than 30 years old.

Can a landlord raise rent by any amount in Florida?

Yes. Florida has no statewide rent control, and since HB 1417 took effect in July 2023, no local government in Florida can enact or maintain a rent control ordinance. This law expressly preempted Miami-Dade County's rent stabilization measure that voters had approved in 2022. A Florida landlord can raise rent by any amount — 10%, 50%, or more — with proper notice. The required notice period depends on the tenancy type: 15 days for month-to-month, 30 days for tenancies over one year, 60 days if over two years, and 90 days if over three years.

Common Red Flags in US Leases

Lease waiving your right to a habitable unit — unenforceable in all 50 states (implied warranty of habitability)

Excessive late fees beyond what state law permits (many states cap late fees at $50–$100 or 5% of rent)

Lease purporting to allow eviction without court process — landlords must use courts in all US states

Failure to disclose lead-based paint in pre-1978 buildings — a federal violation

Discrimination based on a protected class in lease application or terms

Security deposit held in landlord's operating account rather than a separate trust account (required in many states)

No-pets clause used to refuse service or emotional support animals — this violates the Fair Housing Act