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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.
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