FindLegalForms.com Chart of Additional Regulations for Leases © 2005, FindLegalForms, Inc. (Scroll down for additional regulations regarding leases and leasing in your state) State Relevant Statute Information Alabama Alabama Code: Section 39-9-5 Alaska Arizona N/A Arizona Statute: Section 33-1321(C) Arkansas Section 18-16-102 Tenancy by month, or of any term less than a year, can be terminated by landlord’s giving 10 days’ notice in writing. N/A Tenants who move in after January 1, 1996 must be furnished with signed copy of lease, move-in inspection form and written notification that tenant may be present at move-out inspection. If tenant requests, he may be notified of when move-out inspection will occur, unless he is being evicted for material breach of the lease. Sublessor cannot collect rent from subtenant without having obtained from his landlord and given to his subtenant a written direction stating the amount of rent authorized to be collected. State Relevant Statute Information California California Civil Code Sections 1940.5 If a tenant wishes to have a waterbed, he must provide an adequate insurance policy to the landlord pre-occupancy, and follow certain other specified standards. 1940.0 If landlord does not provide separate gas and electric meters for each tenant, he must disclose this condition to tenant and either execute an agreement with tenant for payment by tenant of cost provided through tenant’s meter to serve areas outside tenant’s unit, or make other arrangements. 1945.5 1946.1 A renewal provision in a lease is voidable by the person who did not prepare the lease, unless provision appears in lease in at least 8point boldface type. Colorado N/A If term is unspecified, the landlord must give at least 60 days’ written notice prior to the proposed date of termination, except if tenant has been there less than a year, in which case 30 days’ notice is sufficient. A tenant giving notice must give notice for a period at least as long as the term of the tenancy prior to the proposed date of termination. N/A Connecticut N/A N/A State Relevant Statute Information Delaware Delaware Code Title 25, Section 5106, 5108 Either party can terminate lease by giving 60 days’ written notice. If agreement is for one year or more, and landlord does not give notice to terminate within 60 days of the end of the lease, and tenant does not give notice to terminate within 45 days of the end of the lease, lease will continue as a month-to-month agreement. Section 5111 No provision in a rental agreement providing for the recovery of attorneys’ fees by either party in a suit is enforceable. Section 5509 Landlord must give at least 48 hours’ notice of intention to enter the apartment, unless entry is for repairs requested by tenant. Section 5514 Landlord may require a pet deposit, but not in excess of one month’s rent, regardless of the lease’s duration. Damage caused by the animal shall be taken first from the pet deposit, and if that is insufficient, from the security deposit. Month-to-month tenancy, or quarter-to-quarter tenancy, can be terminated with 30 days’ notice from either party. N/A Sixty days’ notice from landlord or 30 days’ notice from tenant is necessary to terminate a tenancy at will. District of Columbia District of Columbia Code Section 423202 Florida Georgia N/A Georgia Code 44-7-7 44-7-33 Landlord and tenant must sign a comprehensive list of damages to premises before a security deposit is given; if tenant refuses to sign because of inaccuracies, he must specifically state in writing what he disagrees with and sign that statement of dissent. State Relevant Statute Information Hawaii Hawaii Revised Statutes Section 52142 Idaho Illinois Indiana N/A N/A Indiana State Code Section 32-31-1-1 State law requires that landlord conduct an inspection of the premises prior to date of initial occupancy, which both landlord and tenant must sign. N/A N/A Tenancy at will may be terminated by one month’s written notice. Section 32-31-2-1 Iowa Iowa Code 562A.34 Kansas Kansas Statutes 58-2504, 2505 2511 Kentucky Kentucky Statute 383.180 383.195 383.695 A lease of real estate for a period longer than 3 years must be recorded in the county recorder’s office not more than 45 days after its execution. Either party may terminate a week-to-week tenancy by giving 10 days’ notice; either party may terminate a monthto-month tenancy by giving at least 30 days’ notice. Tenancy at will or from yearto-year can be terminated by 30 days’ written notice. If tenant has lease of a term of less than 2 years, is at will or sufferance, he may not assign or transfer his interest without the written consent of his landlord. If landlord doesn’t consent in writing, any assignment by a tenant at will or sufferance, or one who has a term of less than 2 years, operates as a forfeiture to the landlord. Termination of tenancy at will or sufferance may be accomplished by landlord’s giving one month’s notice. Either party may terminate a month-to-month tenancy by giving 30 days’ notice. State Relevant Statute Information Louisiana Louisiana Civil Code Art. 2713 The tenant has the right to sublease the unit or to assign or encumber his rights in the lease, unless expressly prohibited by the contract or lease. 2728 Month-to-month lease may be terminated with 10 days’ notice; if longer term than that, by 30 days’ notice. Tenancies at will may be terminated by 30 days’ written notice. N/A N/A A rental agreement must state the name and address at which notices required may be given to the landlord. Maine Maine Revised Statutes, Title 14, Section 6002 Maryland Massachusetts Michigan N/A N/A Michigan Compiled Statutes Section 554.634 A rental agreement must state in a prominent place in type not smaller than the size of 12-point type, or in legible print with letters not smaller than 1/8 inch, a notice in substantially the following form: “NOTICE: Michigan law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person.” State Relevant Statute Information Minnesota Minnesota Statutes, Section 504B.115 Where there is a written lease, landlord must give copy to tenant whose signature is on the lease. 504B.135 Tenancy at will may be terminated by notice in writing by either party. The time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less. 540B.145 If there is an automatic renewal provision in a lease, if the original lease is two months or more and the renewal is for two months or more, landlord must give specific notice to the tenant directing his attention to this provision. Notice must be served personally or mailed by certified mail at least 15 days, but not 30 days, before the tenant is required to give notice of his intention to quit. Landlord or tenant may terminate a week-to-week tenancy by written notice at least 7 days prior to termination date; month-tomonth tenancy may be terminated by written notice given at least 30 days prior to termination date. If tenant is in a lease of term of less than 2 years, or is a tenant at will or sufferance, he may not assign or sublet his lease without the written consent of the landlord. Mississippi Mississippi Code Section 89-8-19 Missouri Missouri Revised Statutes Section 441.030 441.050 Montana N/A Tenancy of year to year may be terminated in writing by either party giving 60 days’ notice. Tenancy at will or by sufferance, or for less than a year, may be terminated by giving one month’s written notice. N/A State Relevant Statute Information Nebraska Nebraska Revised Statutes Section 761437 Nevada Nevada Revised Statutes Section 118A.200 Landlord or tenant may terminate week-to-week tenancy by giving 7 days’ notice; may terminate monthto-month tenancy with 30 days’ written notice. Lease must contain language about duration, amount of rent and manner and time of payment, occupancy by children or pets, services included, fees that are required and why, deposits that are required and conditions for their refund, charges that may be required for late or partial payment of rent or for dishonored check, inspection rights of the landlord, listing of persons who are to occupy the dwelling, duties as to utility payments, signed record of inventory and condition of premises, description of what a nuisance is under Nevada law, the procedure that a tenant can report building violations or nuisances to the proper authorities, and information about the right of a tenant to display the flag of the United States. New Hampshire New Hampshire Revised Statutes Thirty days’ notice to terminate is sufficient, unless there is a case brought to terminate for damage or neglect to the property, when 7 days’ notice is sufficient. N/A New York Consolidated Laws: Real Property: Article 7, Section 226-b(1) N/A Tenant can’t assign lease without written consent of the owner, which shall not be unreasonably withheld. New Jersey New Mexico New York Sections 228, 232-a, 232-b. Tenancy at will or sufferance, or month-to-month tenancy, may be terminated by 30 days’ written notice from landlord. State Relevant Statute Information North Carolina North Carolina General Statutes Section 42-14 Tenancy from year to year may be terminated by one month’s notice; month-tomonth tenancy by 7 days’ notice; week-to-week tenancy by 2 days’ notice. 42-46 If definite time for payment of rent is in the lease, the parties may agree to a late fee if the payment is more than 5 days late. This may not exceed $15 or 5% of the monthly rate, whichever is greater, if the rent is due in monthly installments; or $4 or 5%, whichever is greater, if the rent is due in weekly installments. If tenant is in possession after expiration of the lease and landlord accepts rent, parties are presumed to have renewed the lease on same terms and for the same time, not to exceed one year. North Dakota North Dakota Century Code Section 47-16-06 47-16-15 Ohio Ohio Revised Code Section 5321.17 In tenancies from month-tomonth, either party may terminate on 30 days’ notice. Week-to-week tenancy may be terminated with seven days’ notice; a month-tomonth tenancy may be terminated by 30 days’ notice. State Relevant Statute Information Oklahoma Oklahoma Statutes Section 41-10 If tenant has a term of 2 years or less he may not assign his unit without the written consent of the landlord. 41-36 If tenant remains in possession after the expiration of the lease and the landlord accepts rent, the lease is presumed renewed on same terms for same time, not to exceed one year. 41-113a If the premises to be rented have been flooded in the past 5 years and the landlord knows this, he must include this information prominently as part of the lease. Either party may terminate a week-to-week tenancy by giving 10 days’ written notice; a month-to-month tenancy may be terminated by giving at least 30 days’ notice in writing. N/A Either party may terminate a week-to-week tenancy by a written notice of at least 10 days; a month-to-month tenancy or any other tenancy of duration of less than a year can be terminated with at least 30 days’ notice; a yearto-year tenancy may be terminated with 3 months’ notice. Any lease or agreement for the use or occupancy of real estate shall be recorded in the same manner as a deed of real estate. Oregon Oregon Revised Statutes Section 90.427 Pennsylvania Rhode Island N/A Rhode Island General Laws Section 341837 South Carolina South Carolina Code of Laws Section 27-33-30 27-35-60 27-35-120 and 130 South Dakota N/A A sublease requires the written consent of the landlord. Month-to-month tenancy can be terminated by written notice of 30 days. Tenancies at will can be terminated by 20 days’ written notice. N/A State Relevant Statute Information Tennessee Tennessee Code Section 66-7-101 Texas Utah Vermont N/A N/A Vermont Statutes Title 9, Section 4467 Leases for more than 3 years shall be in writing and proved and registered. N/A N/A In the absence of a written lease, the landlord may terminate a tenancy for no cause as follows: (i) if rent is payable on a monthly basis, by providing actual notice to the tenant of the date on which the tenancy will terminate which shall be: (A) For tenants who have resided continuously in the same premises for two years or less, at least 60 days after the date of the actual notice; (B) For tenants who have resided continuously in the same premises for more than two years, at least 90 days after the date of the actual notice. State Relevant Statute Information Virginia Code of Virginia Section 55-221 Assignment of interest by tenant requires consent of landlord. 55-222 Tenancy from year to year may be terminated with 3 months’ written notice; month-to-month tenancy may be terminated from 30 days’ written notice. 55-248.7 55-248.7 Washington Revised Code of Washington Section 59.04.020 West Virginia West Virginia Code Section 37-6-5 Wisconsin Wisconsin Statutes Section 704.09(1) If the lease contains a provision that the landlord may approve or disapprove a sublessee of the tenant, the landlord shall within 10 business days of receipt of the written application of the prospective sublessee on a form to be provided by the landlord, approve or disapprove the sublessee. Failure of the landlord to act within 10 business days is deemed approval. A copy of any lease signed by both the tenant and the landlord must be provided to the tenant within one month of the effective date of the lease. Month to month tenancies may be terminated by 30 days’ notice by either party. Tenancy from year to year can be terminated by either party by giving written notice at least 3 months in advance. A tenant at will or with any periodic tenancy less than year-to-year may not assign or sublease except with the agreement of the landlord. State Relevant Statute Information Wyoming Wyoming Statutes Section 1-21-1207 Any lease must state whether any portion of a deposit is nonrefundable and written notice of this fact must be provided to the tenant at the time the deposit is taken 1-21-1208 After termination of the lease, money held separately as a utilities deposit must be refunded within 10 days of a showing that all of the tenant’s utility charges incurred by the tenant have been paid. Without that showing within 45 days of termination, the landlord shall within 15 days thereafter, apply the deposit to any outstanding utility debt incurred by the tenant. Any refund due to tenant shall be paid within 7 days after the deposit has been applied to the tenant’s utility debt, or within 15 days after receipt of the tenant’s new address, whichever is later.