Tenants have many rights, primarily under state law, including the rights to privacy, a livable home, the proper use of your security deposit, and nondiscriminatory treatment from your landlord. Most of these rights are yours, even if they’re not spelled out in your lease or rental agreement. But many states go a step further and require landlords to inform tenants of important state laws, individual landlord policies, or facts about the rental, either in the lease or rental agreement or in another writing—typically before the tenant moves in. In addition, local ordinances, particularly in rent control communities, often require certain landlord disclosures. Finally, federal law requires landlords to disclose lead-based paint hazards to tenants.
Here are examples of the types of disclosures your state law may require landlords to make to tenants:
- details on security deposits, such as the landlord’s use and return of the deposit, where the deposit will be held, and the interest rate that will be paid
- a landlord’s imposition of nonrefundable fees (where permitted)
- tenants’ rights to move-in checklists that document existing damages to the rental property
- tenants’ rights to be present at a move-out inspection of the rental property
- details on landlord-tenant law, such as local rent control rules, and other information such as registered sexual offender database
- shared utility arrangements – for example, if a tenant pays a portion of a master metered utility
- details on installation and maintenance of smoke detectors and alarms
- location of a former federal or state military ordnance in the neighborhood
- presence of environmental and health hazards, including lead-based paint (also a federal disclosure requirement, as discussed below), mold, radon, and bedbugs
- the identity of the landlord and the person authorized to receive legal papers and manage the premises, such as a property manager
- recent flooding in the rental unit (or location in a flood zone)
- smoking policy
- the presence of a methamphetamine laboratory at the rental prior to the tenant’s occupancy
- the availability of fire protection
- planned condominium conversions, intention to demolish the rental unit, or in-process foreclosure proceedings
- outstanding building inspection or condemnation orders or housing code violations, and
- rights of domestic violence victims.
See your state disclosure laws for details on the rules in your state.
Federal Landlord Disclosures
In addition to state-required disclosures, federal law requires that landlords make certain disclosures before tenants sign a lease or rental agreement, including any known lead-based paint hazards in the rental premises. For more on lead-based paint disclosures, see the Lead Disclosures for Rental Property FAQ in this section,
Rent control ordinances typically require additional disclosures, such as the name and address of the government agency or elected board that administers the ordinance. Some cities may require specific disclosures—for example, New York City requires landlords to inform tenants of the building’s and the rental unit’s bedbug history for the past year. (New York City Administrative Code§ 27-2018.1.)
To see whether local rules apply, check with your city or county. Many municipalities and counties have local ordinances online—just search for the name of a particular city. State and Local Government on the Net is a good source for finding local government online. You can also check with the office of your city attorney, mayor, city manager, or county administrator.
Disclosures About the Rental Property
Part of a landlord’s responsibility to provide habitable premises includes the obligation to warn tenants about hidden (not obvious) aspects of the rental property that could cause injury or substantially interfere with tenants’ safe enjoyment and use of the dwelling—for example, a warning that the building walls contain asbestos insulation which could become dangerous if disturbed. Landlords may make these disclosures orally or in writing.
But keep in mind that some problems need to be fixed, not merely disclosed. A landlord who warns you about a hidden defect, such as a faulty heater, remains legally responsible if the heater makes your rental uninhabitable or unreasonably dangerous.
Consequences for Failing to Disclose
The consequences to landlords who fail to make disclosures vary tremendously. Some disclosure requirements that are imposed by statute contain their own penalty or consequence provisions, but many do not. When the statute does not specify consequences, general rules take over—tenants can sue for the damages they have suffered as a result of the nondisclosure. See Nolo’s Small Claims Court and Lawsuit section for advice on filing a lawsuit.
Lawmakers know that when the only consequence for noncompliance is a tenant lawsuit, many landlords will take their chances that few tenants will sue—in other words, compliance will be low. So many disclosure laws have built-in penalties, which won’t require much of an effort for tenants to enforce. Consequences for landlord nondisclosure range from monetary penalties to various unique results. Contrary to many tenants’ beliefs, tenants are not usually entitled to consider the lease null and void.
Monetary Penalties Specified by Statute
Several disclosure laws carry specified monetary penalties. At the top of the list is the federally-required disclosure of lead paint hazards. First violations may result in a “notice of noncompliance” from the federal government, giving landlords time to notify tenants. Civil and criminal fines of up to $16,000 per violation are also possible. Of course, if a tenant is injured as a result of not knowing about the presence of a lead paint hazard, a civil judgment can result, of unknown amounts.
Some disclosure statutes provide for either a specified monetary damages award, or “actual damages,” which are the actual losses suffered by the tenant. For example, many states require landlords to disclose to tenants whether they will end up paying for common area utilities, such as heat and electricity. Failure to explain these arrangements commonly carries a preset damage amount or “actual damages,” which could be the cost to the tenant of paying for these utilities.
Oregon has a particularly harsh consequence for landlords who fail to tell prospective tenants about an outstanding notice of default, foreclosure action, or any legal proceeding to enforce a lien or sale: The tenant who moves as a result of such nondisclosure is entitled to twice the monthly rent or actual damages, whichever is higher, plus all prepaid rent.
Non-Monetary Consequences Specified by Statute
Some state disclosure rules specify an act or result that is not monetary. A common disclosure rule concerns the owner or agent’s identity and address. Typically, failure to provide this information results in the tenant being able to pay rent and deliver legal notices and demands to, and expect upkeep from, the person who negotiated the lease or manages the property.
In rare situations, failure to disclose results in a criminal sanction. For example, Florida requires landlord disclosure of any special understandings involving lower rent (rent concessions). Failure to comply is a misdemeanor. In Nevada, someone who fails to notify a tenant that the rental is the subject of a foreclosure action becomes liable for prosecution for a deceptive trade practice, which is a misdemeanor and carries with it a fine and liability for any tenant’s actual damages. And in New York, which requires landlords to notify tenants of impermissibly high levels of VOCs (volatile organic compounds), violations are a criminal offense, subjecting the landlord to jail time and fines for every day the violation continues.