Property Management, Tenant Selection, Real Estate News & Tips

Landlord Disclosures: What You Have to Tell Your Tenant – State Guide

By on January 25, 2017 in Education with 2 Comments

Landlord Disclosure requirementsLandlords and property managers are required to follow their federal, state and local laws about informing tenants of policies, facts, and rules about the property.

Any information that is shared with a renter about the property or a renter’s right are considered disclosures.  Landlord disclosures can either be included in the lease or rental agreement, or some other form of writing, and are typically shared with the tenant prior to move in.

Federal disclosures include informing a tenant of any lead-based paint hazards to tenants, under Title X, for any property that was built before 1978.

Other disclosures are dictated by state and local laws. Some state requirements are as simple as informing your tenant who owns the property, while other states have more than 10 required disclosures that must be shared with a tenant before they move in.

State laws will also dictate how the disclosure needs to be communicated with your renters. It can involve using a state produced notice that both the landlord and renter need to sign. Or it could include a simple line item in a lease agreement that your renter needs to initial. Because the requirements vary by state, it is important to have your lease agreement looked over by landlord-tenant attorney in your state to make sure you are including all required disclosures correctly.

Failure to follow state, federal and local requirements regarding disclosures can result in fines for the violations and potential legal or financial problems.  

According to Nolo, the following states do not have any requirements regarding landlord disclosures. You should still check out any required disclosures on the local level, and never forget the lead-based paint disclosure.

States without landlord disclosure requirements: Arkansas, Colorado, Idaho, Louisiana, Mississippi, Missouri, Vermont.

Landlord Disclosures By State

Here is a look at some of the common landlord disclosures in other states across the U.S.. Check out the state code following each disclosure to learn more and reference the requirement. Not every state disclosure was included in this list, check with your state’s landlord tenant laws for the complete list of landlord disclosure requirements.

Alaska Landlord Disclosures

Here is a look at some of the landlord disclosures required in Alaska*.

Owner or agent identity.  Landlord must disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the person authorized to manage the premises, and an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving notices and demands.  Alabama (Ala. Code § 35-9A-202)

Extended absence. The rental agreement must require that the tenant notify the landlord of an anticipated extended absence from the premises in excess of seven days; however, the notice maybe given as soon as reasonably possible after the tenant knows the absence will exceed seven days. Alaska  (Alaska Stat. § 34.03.150)

Security deposit. Landlord must disclose (orally or in writing) the conditions under which landlord may withhold all or part of the deposit. (Alaska Stat. § 34.03.070)

Arizona Landlord Disclosures

Here is a look at some of the landlord disclosures required in Arizona*.

Nonrefundable fees. The purpose of all nonrefundable fees or deposits (which are legal in Arizona, unlike many states) must be stated in writing. Any fee or deposit not designated as nonrefundable is refundable. (Ariz. Rev. Stat. § 33-1321)

Move-in checklist. Landlord must provide tenant with move-in checklist. Tenants also have the right to be present at a move-out inspection. (Ariz. Rev. Stat. § 33-1321)

Separate utility charges.  If landlord charges separately for gas, water, wastewater, solid waste removal, or electricity by installing a submetering system, landlord may recover the charges imposed on the landlord by the utility provider, plus an administrative fee for the landlord for actual administrative costs only, and must disclose separate billing and fee in the rental agreement. If landlord uses a ratio utility billing system, the rental agreement must contain a specific description of the ratio utility billing method used to allocate utility costs. (Ariz. Rev. Stat. § 33-1314.01)

Availability of Landlord and Tenant Act. Landlord must inform tenant in writing that the Residential Landlord and Tenant Act is available on the Arizona department of housing’s website. (Ariz. Rev. Stat. § 33-1322)

Bedbug information. Landlords must provide existing and new tenants with educational materials on bedbugs, including information and physical descriptions, prevention and control measures, behavioral attraction risk factors, information from federal, state, and local centers for disease control and prevention, health or housing agencies, nonprofit housing organizations, or information developed by the landlord. (Ariz. Rev. Stat. § 33-1319)

Business tax pass-through. If the landlord pays a local tax based on rent and that tax increases, landlord may pass through the increase by increasing the rent upon 30 days’ notice (but not before the new tax is effective), but only if the landlord’s right to adjust the rent is disclosed in the rental agreement. (Ariz. Rev. Stat. § 33-1314)

California Landlord Disclosures

Here is a look at some of the landlord disclosures required in California*.

Registered sexual offender database: Landlords must include the following language in their rental agreements: “Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides.” (Cal. Civ. Code § 2079.10a)

Tenant paying for others’ utilities.  Prior to signing a rental agreement, landlord must disclose whether gas or electric service to tenant’s unit also serves other areas, and must disclose the manner by which costs will be fairly allocated. (Cal. Civ. Code §1940.9)

Ordnance locations.  Prior to signing a lease, landlord must disclose known locations of former federal or state ordnance in the neighborhood (within one mile of rental). (Cal. Civ. Code § 1940.7)

Toxic mold. Prior to signing a rental agreement, landlord must provide written disclosure when landlord knows, or has reason to know, that mold exceeds permissible exposure limits or poses a health threat. Landlords must distribute a consumer handbook, developed by the State Department of Health Services, describing the potential health risks from mold. (Cal. Health & Safety Code §§ 26147, 26148)

Pest control service. When the rental agreement is signed, landlord must provide tenant with any pest control company disclosure landlord has received, which describes the pest to be controlled, pesticides used and their active ingredients, a warning that pesticides are toxic, and the frequency of treatment under any contract for periodic service. (Cal. Civ. Code § 1940.8, Cal. Bus. & Prof. Code § 8538)

Intention to demolish rental unit. Landlords or their agents who have applied for a permit to demolish a rental unit must give written notice of this fact to prospective tenants, before accepting any deposits or screening fees. (Cal. Civ. Code § 1940.6)

No smoking policy.  For leases and rental agreements signed after January 1, 2012: If the landlord prohibits or limits the smoking of tobacco products on the rental property, the lease or rental agreement must include a clause describing the areas where smoking is limited or prohibited (does not apply if the tenant has previously occupied the dwelling unit). For leases and rental agreements signed before January 1, 2012: A newly adopted policy limiting or prohibiting smoking is a change in the terms of the tenancy (will not apply to lease holding tenants until they renew their leases; tenants renting month-to-month must be given 30 days’ written notice). Does not preempt any local ordinances prohibiting smoking in effect on January 1, 2012. (Cal. Civ. Code § 1947.5)

Notice of default. Lessors of single-family homes and multifamily properties of four units or less, who have received a notice of default for the rental property that has not been rescinded, must disclose this fact to potential renters before they sign a lease. The notice must be in English or in Spanish, Chinese, Tagalog, Vietnamese, or Korean (if the lease was negotiated in one of these languages), and must follow the language specified in Cal. Civil Code § 2924.85(d).

Connecticut Landlord Disclosures

Here is a look at some of the landlord disclosures required in Connecticut*.

Common interest community. When rental is in a common interest community, landlord must give tenant written notice before signing a lease. (Conn. Gen. Stat. Ann. § 47a-3e)

Summary of Landlord-Tenant code. A summary of the code, as prepared by the Consumer Protection Unit of the Attorney General’s office, must be given to tenants at the beginning of the rental term. Failure to do so enables the tenant to plead ignorance of the law as a defense. (Conn. Gen. Stat. Ann. §§ 47a-3e, 47a-6)

Washington, D.C. Landlord Disclosures

Here is a look at some of the landlord disclosures required in Washington, D.C.*.

Rental regulations. At the start of every new tenancy, landlord must give tenant a copy of the District of Columbia Municipal Regulations, CDCR Title 14, Housing, Chapter 3, Landlord and Tenant; and a copy of Title 14, Housing, Chapter 1, § 101 (Civil Enforcement Policy) and Chapter 1, § 106 (Notification of Tenants Concerning Violations). (14 D.C. Mun. Regs. § 300)

Security deposit. In the lease, rental agreement, or receipt, landlord must state the terms and conditions under which the security deposit was collected (to secure tenant’s obligations under the lease or rental agreement). (D.C. Code Ann. § 42-3502.17, D.C. Mun. Regs. tit. 14, §§ 308 to 310)

Florida Landlord Disclosures

Here is a look at some of the landlord disclosures required in Florida*.

Fire protection. Landlord must tell new tenants about the availability of fire protection in a building over three stories high. (Fla. Stat. Ann. § 83.50)

Radon. In all leases, landlord must include this warning: “RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.” (Fla. Stat. Ann. § 404.056)

Landlord identity. The landlord, or a person authorized to enter into a rental agreement on the landlord’s behalf, must disclose in writing to the tenant, at or before the commencement of the tenancy, the name and address of the landlord or a person authorized to receive notices and demands on the landlord’s behalf. (Fla. Stat. Ann. § 83.50)

Georgia Landlord Disclosures

Here is a look at some of the landlord disclosures required in Georgia*.

Move-in checklist. Landlord cannot collect a security deposit until he has given tenant a list of pre-existing damage, but this isn’t an interactive checklist. (Ga. Code Ann. § 44-7-33)

Flooding.  Before signing a lease, if the living space or attachments have been damaged by flooding three or more times within the past five years, landlord must so disclose in writing. (Ga. Code Ann. § 44-7-20)

Former resident’s crimes. If asked by a prospective tenant, landlord must answer truthfully when questioned about whether the rental was the site of a homicide or other felony, or a suicide or a death by accidental or natural causes; or whether it was occupied by a person who was infected with a virus or any other disease that has been determined by medical evidence as being highly unlikely to be transmitted through the occupancy of a dwelling place presently or previously occupied by such an infected person. (Ga. Code Ann. § 44-1-16)

Security deposit. Landlord must give tenant a written list of preexisting damage to the rental before collecting a security deposit.  Landlords must place the deposit in an escrow account in a state or federally regulated depository, and must inform the tenant of the location of this account. Alternatively, landlords may post a security bond securing all tenants’ deposits. A landlord who owns ten or fewer rental units, unless those units are managed by an outside party, does not need to supply a written list of preexisting damage place the deposit in an escrow account. (Ga. Code Ann. §§ 44-7-30 to 44-7-37)

Hawaii Landlord Disclosures

Here is a look at some of the landlord disclosures required in Hawaii*.

Tax excise number. Landlord must furnish its tax excise number so that tenant can file for a low-income tax credit. (Haw. Rev. Stat. § 521-43)

Illinois Landlord Disclosures

Here is a look at some of the landlord disclosures required in Illinois

Rent concessions. Any rent concessions must be described in the lease, in letters not less than one-half inch in height consisting of the words “Concession Granted,” including a memorandum on the margin or across the face of the lease stating the amount or extent and nature of each such concession. Failure to comply is a misdemeanor. (765 Ill. Comp. Stat. §§ 730/0 to 730/6.)

Iowa Landlord Disclosures

Here is a look at some of the landlord disclosures required in Iowa*.

Contamination. The landlord or a person authorized to enter into a rental agreement on behalf of the landlord must disclose to each tenant, in writing before the commencement of the tenancy, whether the property is listed in the comprehensive environmental response compensation and liability information system maintained by the federal Environmental Protection Agency. (Iowa Code § 562A.13)

Kentucky Landlord Disclosures

Here is a look at some of the landlord disclosures required in Kentucky*.

Security deposit. Orally or in writing, landlord must disclose where the security deposit is being held and the account number. (Ky. Rev. Stat. Ann. § 383.580)

Maine Landlord Disclosures

Here is a look at some of the landlord disclosures required in Maine*.

Energy efficiency. Landlord must provide to potential tenants a residential energy efficiency disclosure statement in accordance with Title 35-A, section 10006, subsection 1, that includes, but is not limited to, information about the energy efficiency of the property. Before a tenant or lessee enters into a contract or pays a deposit to rent a property, the landlord must provide the statement to the tenant, obtain the tenant’s signature on the statement, and sign the statement. The landlord must retain the signed statement for at least 7 years. (14 Me. Rev. Stat. Ann. § 6030-C)

Radon.  By 2012 and every ten years thereafter, landlord must test for radon and disclose to prospective and existing tenants the date and results of the test and the risks of of radon, using a disclosure form prepared by the Department of Health and Human Services (tenant must sign acknowledgment of receipt). (14 Me. Rev. Stat. Ann. § 6030-D)

Bedbug information. Before renting a dwelling unit, landlord must disclose to a prospective tenant if an adjacent unit or units are currently infested with or are being treated for bedbugs. Upon request from a tenant or prospective tenant, landlord must disclose the last date that the dwelling unit the landlord seeks to rent or an adjacent unit or units were inspected for a bedbug infestation and found to be free of a bedbug infestation. (14 Me. Rev. Stat. Ann. § 6021-A)

Smoking policy. Landlord must give tenant written disclosure stating whether smoking is prohibited on the premises, allowed on the entire premises, or allowed in limited areas of the premises. If the landlord allows smoking in limited areas on the premises, the notice must identify the areas on the premises where smoking is allowed. Disclosure must be in the lease or separate written notice, landlord must disclose before tenant signs a lease or pays a deposit, and must obtain a written acknowledgment of notification from the tenant. (14 Me. Rev. Stat. Ann. § 6030-E)

Maryland Landlord Disclosures

Here is a look at some of the landlord disclosures required in Maryland*.

Move-in and move-out inspections and security deposit itemization. Before collecting a deposit, landlord must supply a receipt with details on tenant’s rights to move-in and move-out inspections and right to receive itemization of deposit deductions and balance, if any, and penalties for landlord’s failure to comply. This receipt may be part of the lease. (Md. Code Ann., [Real Prop.] § 8-203.1)

Habitation.  A lease must include a statement that the premises will be made available in a condition permitting habitation, with reasonable safety, if that is the agreement, or if that is not the agreement, a statement of the agreement concerning the condition of the premises; and the landlord’s and the tenant’s specific obligations as to heat, gas, electricity, water, and repair of the premises. (Md. Code Ann. [Real Prop.] §8-208)

Massachusetts Landlord Disclosures

Here is a look at some of the landlord disclosures required in Massachusetts.

Insurance.  Upon tenant’s request and within 15 days, landlord must furnish the name of the company insuring the property against loss or damage by fire and the amount of insurance provided by each such company and the name of any person who would receive payment for a loss covered by such insurance. (186 Mass. Gen. Laws § 21)

Michigan Landlord Disclosures

Here is a look at some of the landlord disclosures required in Michigan*.

Truth in Renting Act. A rental agreement must also 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.” (Mich. Comp. Laws §554.634)

Rights of domestic violence victims. A rental agreement or lease may contain a provision stating, “A tenant who has a reasonable apprehension of present danger to him or her or his or her child from domestic violence, sexual assault, or stalking may have special statutory rights to seek a release of rental obligation under MCL 554.601b.” If the rental agreement or lease does not contain such a provision, the landlord must post an identical written notice visible to a reasonable person in the landlord’s property management office, or deliver written notice to the tenant when the lease or rental agreement is signed. (Mich. Comp. Laws §554.601b)

Minnesota Landlord Disclosures

Here is a look at some of the landlord disclosures required in Minnesota*.

Outstanding inspection orders, condemnation orders, or declarations that the property is unfit. The landlord must disclose the existence of any such orders or declarations before the tenant signs a lease or pays a security deposit. (Minn. Stat. Ann. §504B.195)

Buildings in financial distress. Once a landlord has received notice of a deed cancellation or notice of foreclosure, landlord may not enter into a periodic tenancy where the tenancy term is more than two months, or a lease where the lease extends beyond the redemption period (other restrictions may apply). (Minn. Stat. Ann. §504B.151)

Landlord and tenant promises. This mutual promise must appear in every lease or rental agreement: “Landlord and tenant promise that neither will unlawfully allow within the premises, common areas, or curtilage of the premises (property boundaries): controlled substances, prostitution or prostitution-related activity; stolen property or property obtained by robbery; or an act of domestic violence, as defined by MN Statute Section 504B.206 (1)(e), against a tenant, licensee, or any authorized occupant. They further promise that the aforementioned areas will not be used by themselves or anyone acting under their control to manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a controlled substance in violation of any criminal provision of chapter 152.”

Nevada Landlord Disclosures

Here is a look at some of the landlord disclosures required in Nevada*.

Nuisance and flying the flag.  Lease must include a summary of the provisions of NRS 202.470 (penalties for permitting or maintaining a nuisance); information regarding the procedure a tenant may use to report to the appropriate authorities a nuisance, a violation of a building, safety, or health code or regulation; and information regarding the right of the tenant to engage in the display of the flag of the United States, as set forth in NRS 118A.325. (Nev. Rev. Stat. Ann. §118A.200)

Foreclosure proceedings.  Landlord must disclose to any prospective tenant, in writing, whether the premises to be rented is the subject of a foreclosure proceeding (disclosure need not be in the lease). (Nev. Rev. Stat. Ann. §118A.275)

New Jersey Landlord Disclosures

Here is a look at some of the landlord disclosures required in New Jersey*.

Flood zone. Prior to move-in, landlord must inform tenant if rental is in a flood zone or area (does not apply to properties containing two or fewer dwelling units, or to owner-occupied properties of three or fewer units). (N.J. Stat. Ann. §46:8-50)

Truth in Renting Act. Except in buildings of 2 or fewer units, and owner-occupied premises of 3 or fewer units, landlord must distribute to new tenants at or prior to move-in the Department of Community Affairs’ statement of legal rights and responsibilities of tenants and landlords of rental dwelling units (Spanish also). (N.J.S.A. §§46:8-44, 46:8-45, 46:8-46)

Child protection windowguards. Landlords of multi-family properties must include information in the lease about tenants’ rights to request windowguards. The Legislature’s Model Lease and Notice clause reads as follows: “The owner (landlord) is required by law to provide, install and maintain window guards in the apartment if a child or children 10 years of age or younger is, or will be, living in the apartment or is, or will be, regularly present there for a substantial period of time if the tenant gives the owner (landlord) a written request that the window guards be installed. The owner (landlord) is also required, upon the written request of the tenant, to provide, install and maintain window guards in the hallways to which persons in the tenant’s unit have access without having to go out of the building. If the building is a condominium, cooperative or mutual housing building, the owner (landlord) of the apartment is responsible for installing and maintaining window guards in the apartment and the association is responsible for installing and maintaining window guards in hallway windows. Window guards are only required to be provided in first floor windows where the window sill is more than six feet above grade or there are other hazardous conditions that make installation of window guards necessary to protect the safety of children.” The notice must be conspicuous and in boldface type.

Oregon Landlord Disclosures

Here is a look at some of the landlord disclosures required in Oregon*.

Legal proceedings. If at the time of the execution of a rental agreement for a dwelling unit in premises containing no more than four dwelling units the premises are subject to any of the following circumstances, the landlord must disclose that circumstance to the tenant in writing before the execution of the rental agreement:(a) Any outstanding notice of default under a trust deed, mortgage, or contract of sale, or notice of trustee’s sale under a trust deed;(b) Any pending suit to foreclose a mortgage, trust deed, or vendor’s lien under a contract of sale;(c) Any pending declaration of forfeiture or suit for specific performance of a contract of sale; or(d) Any pending proceeding to foreclose a tax lien.(Ore. Rev. Stat. §90.310)

Recycling. In a city or the county within the urban growth boundary of a city that has implemented multifamily recycling service, a landlord who has five or more residential dwelling units on a single premises must notify new tenants at the time of entering into a rental agreement of the opportunity to recycle. (Ore. Rev. Stat. §90.318)

Utilities. The landlord must disclose to the tenant in writing at or before the commencement of the tenancy any utility or service that the tenant pays directly to a utility or service provider that directly benefits the landlord or other tenants. A tenant’s payment for a given utility or service benefits the landlord or other tenants if the utility or service is delivered to any area other than the tenant’s dwelling unit.

A landlord may require a tenant to pay to the landlord a utility or service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly to the tenant’s dwelling unit or to a common area available to the tenant as part of the tenancy. A utility or service charge that shall be assessed to a tenant for a common area must be described in the written rental agreement separately and distinctly from such a charge for the tenant’s dwelling unit. Unless the method of allocating the charges to the tenant is described in the tenant’s written rental agreement, the tenant may require that the landlord give the tenant a copy of the provider’s bill as a condition of paying the charges. (Ore. Rev. Stat. §90.315)

Carbon monoxide alarm instructions. If rental contains a CO source (a heater, fireplace, appliance, or cooking source that uses coal, kerosene, petroleum products, wood, or other fuels that emit carbon monoxide as a by product of combustion; or an attached garage with an opening that communicates directly with a living space), landlord must install one or more CO monitors and give tenant written instructions for testing the alarm(s), before tenant takes possession. (Ore. Rev. Stat. §90.316, 90.317)

Flood zone. If a dwelling unit is located in a 100-year flood plain, the landlord must provide notice in the dwelling unit rental agreement that the dwelling unit is located within the flood plain. If a landlord fails to provide a notice as required under this section, and the tenant of the dwelling unit suffers an uninsured loss due to flooding, the tenant may recover from the landlord the lesser of the actual damages for the uninsured loss or two months’ rent. (Ore. Rev. Stat. §90.228)

Renter’s insurance. Landlord may require tenants to maintain liability insurance (certain low-income and subsidized tenancies excepted), but only if only if the landlord obtains and maintains comparable liability insurance and provides documentation to any tenant who requests the documentation, orally or in writing. The landlord may provide documentation to a tenant in person, by mail, or by posting in a common area or office. The documentation may consist of a current certificate of coverage. Any landlord who requires tenants to obtain renters’ insurance must disclose the requirement and amount in writing prior to entering into a new tenancy, and may require the tenant to provide documentation before the tenancy begins. (Ore. Rev. Stat. §90.367)

Rhode Island Landlord Disclosures

Here is a look at some of the landlord disclosures required in Rhode Island*.

Code violations. Before entering into any residential rental agreement, landlord must inform a prospective tenant of any outstanding minimum housing code violations which exist on the building that is the subject of the rental agreement. (R.I. Gen. Laws §34-18-22.1)

South Carolina Landlord Disclosures

Here is a look at some of the landlord disclosures required in South Carolina*.

Unequal security deposits. If landlord rents five or more adjoining units on the premises, and imposes different standards for calculating deposits required of tenants, landlord must, before a tenancy begins, post in a conspicuous place a statement explaining the standards by which the various deposits are calculated (or, landlord may give the tenant the written statement). (S.C. Code Ann. §27-40-410)

South Dakota Landlord Disclosures

Here is a look at some of the landlord disclosures required in South Dakota*.

Meth labs. Landlord who has actual knowledge of the existence of any prior manufacturing of methamphetamines on the premises must disclose that information to any lessee or any person who may become a lessee. If the residential premises consists of two or more housing units, the disclosure requirements apply only to the unit where there is knowledge of the existence of any prior manufacturing of methamphetamines. (S.D. Codified Laws Ann. § 43-32-30)

Tennessee Landlord Disclosures

Here is a look at some of the landlord disclosures required in Tennessee*.

Showing rental to prospective tenants. Landlord may enter to show the premises to prospective renters during the final 30 days of a tenancy (with 24 hours’ notice), but only if this right of access is set forth in the rental agreement or lease. (Tenn. Code Ann. §66-28-403)

Texas Landlord Disclosures

Here is a look at some of the landlord disclosures required in Texas*.

Security device requests.  If landlord wants tenant requests concerning security devices to be in writing, this requirement must be in the lease in boldface type or underlined. (Tex. Prop. Code Ann. 92.159)

Return of the security deposit. A requirement that a tenant give advance notice of moving out as a condition for refunding the security deposit is effective only if the requirement is in the lease, underlined or printed in conspicuous bold print. (Tex. Prop. Code Ann. §92.103)

Domestic violence victim’s rights.  Victims of sexual abuse or assault on the premises may break a lease, after complying with specified procedures, without responsibility for future rent. Tenants will be responsible for any unpaid back rent, but only if the lease includes the following statement, or one substantially like it: “Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer. (Tex. Prop. Code Ann. §92.016)

Tenant’s rights when landlord fails to repair.  A lease must contain language in underlined or bold print that informs the tenant of the remedies available when the landlord fails to repair a problem that materially affects the physical health or safety of an ordinary tenant. These rights include the right to repair and deduct; terminate the lease; and obtain a judicial order that the landlord make the repair, reduce the rent, pay the tenant damages (including a civil penalty), and pay the tenant’s court and attorney fees. (Tex. Prop. Code Ann. §92.056)

Landlord’s towing or parking rules and policices.  For tenants in multiunit properties, if the landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord must give the tenant a copy of the rules or policies before the lease agreement is signed. The copy must be signed by the tenant, included in the lease or rental agreement, or be made an attachment to either. If included, the clause must be titled ” ?Parking? or ?Parking Rules? and be capitalized, underlined, or printed in bold print.) (Tex. Prop. Code Ann. §92.0131.)

Electric service interruption. Landlord who submeters electric service, or who allocates master metered electricity according to a prorated system, may interrupt tenant’s electricity service if tenant fails to pay the bill, but only after specific notice and according to a complex procedure. Exceptions for ill tenants and during extreme weather. (Tex. Prop. Code Ann. §92008(h))

Virginia Landlord Disclosures

Here is a look at some of the landlord disclosures required in Virginia*.

Military zone. The landlord of property in any locality in which a military air installation is located, or any person authorized to enter into a rental agreement on his behalf, must provide to a prospective tenant a written disclosure that the property is located in a noise zone or accident potential zone, or both, as designated by the locality on its official zoning map. (Va. Code Ann. §55-248.12:1)

Mold. Move-in inspection report must include whether there is any visible evidence of mold (deemed correct unless tenant objects within five days); if evidence is present, tenant may terminate or not move in. If tenant stays, landlord must remediate the mold condition within five business days, reinspect, and issue a new report indicating that there is no evidence of mold. (Va. Code Ann. §55-248.11:2)

Condominium plans.  If an application for registration as a condominium or cooperative has been filed with the Real Estate Board, or if there is within six months an existing plan for tenant displacement resulting from demolition or substantial rehabilitation of the property, or conversion of the rental property to office, hotel, or motel use or planned unit development, the landlord or any person authorized to enter into a rental agreement on his behalf must disclose that information in writing to any prospective tenant. (Va. Code Ann. §55-248.12(C).)

Defective drywall. Landlords who know of the presence of unrepaired defective drywall in the rental must disclose this before the tenant signs a lease or rental agreement. (Va. Code §55-248.12:2.)

Washington Landlord Disclosures

Here is a look at some of the landlord disclosures required in Washington*.

Screening criteria. Before obtaining any information about an applicant, landlord must provide (in writing or by posting) the type of information to be accessed, criteria to be used to evaluate the application, and (for consumer reports) the name and address of the consumer reporting agency to be used, including the applicant’s rights to obtain a free copy of the report and dispute its accuracy. (Wash. Rev. Code Ann. §59.18.257.)

Tenant screening fee.  Landlords who do their own screening may charge a fee for time and costs to obtain background information, but only if they provide the information explained in “Screening Criteria,” above. (Wash. Rev. Code Ann. §59.18.257.)

Wisconsin Landlord Disclosures

Here is a look at some of the landlord disclosures required in Wisconsin*.

Nonstandard rental provisions.  If landlord wants to enter premises for reasons not specified by law, landlord must disclose the provision in a separate written document entitled “NONSTANDARD RENTAL PROVISIONS” before the rental agreement is signed. (Wis. Admin. Code §134.09)

Habitality deficiencies. Landlord must disclose serious problems that affect the rental unit’s habitability. (Wis. Admin. Code §134.04)

Uncorrected code violations.  Before signing a rental contract or accepting a security deposit, the landlord must disclose to the tenant any uncorrected code violation of which the landlord is actually aware, which affects the dwelling unit or a common area and poses a significant threat to the tenant’s health or safety. “Disclosure” consists of showing prospective tenants the portions of the building affected, as well as the notices themselves. (Wis. Stat. §§704.07(2)(bm), 134.04)

Disposing of abandoned property.  If landlord intends to immediately dispose of any tenant property left behind after move-out, landlord must notify tenant at the time lease is signed. (But landlord must hold prescription medications and medical equipment for seven days, and must give notice before disposing of vehicles or manufactured homes to owner and any known secured party.) (Wis. Stat. §704.05 (5).)


*Not every state disclosure was included in this list, check with your state’s landlord tenant laws and civil code for the complete list of landlord disclosure requirements for your state.

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About the Author

About the Author: Kaycee manages marketing and media relations for Rentec Direct, bringing a unique perspective to the world of property management and proudly shares industry news, products, and trends within the community. .

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