Required Landlord Disclosures by State

The list below is an overview of the most common disclosures landlords must provide their tenants under state law. Note that additional disclosures may be required in some circumstances under local, state, or federal law.

This list addresses the following main categories of disclosures:

  • Asbestos
  • Methamphetamine contamination/production
  • Mold
  • Registered sex offender information
  • Demolition permits
  • Military base or explosives
  • Death in a rental unit
  • Late fees
  • Shared utility arrangements
  • Dishonored payment fees (e.g. bounced checks)
  • Pest control
  • Bed bug information
  • Marijuana use policy
  • Domestic violence

(Note: If any of these categories are not listed under a particular state, they are not required to be disclosed in lease agreements for that state.)

Alabama

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Marijuana use policy – Disclosure is not required but is still recommended. Medical use is allowed by state law.
  • Bed bug information – Disclosure is not required but is still recommended.

Alaska

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Bed bug information – Disclosure is not required but is still recommended.
  • Marijuana use policy – Disclosure is not required but is still recommended. Recreational use is allowed by state law.
  • Domestic violence – Disclosure is not required but is still recommended. Domestic violence police calls should not be assessed by any municipal fees (Alaska Statute 29.35.125(a)).

Arizona

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Landlord must provide a breakdown of shared utilities and an explanation of the method of division. The landlord may add an administrative fee (must be reasonable) only.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Pest control – Disclosure is not required but is still recommended.
  • Bed bug information – The landlord must provide bedbug educational info to the tenant. This requirement excludes single family homes (Ariz. Rev. Stat. § 33-1319). The information may be provided by federal, state, or local agencies, nonprofits, or by the landlord directly (33-1319). For instance, landlords may use the EPA's bed bug prevention brochure or Michigan's "Don't Let the Bed Bugs Bite!" pamphlet (multilingual).   
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.
  • Law enforcement harassment protection – Law enforcement officers who are tenants are allowed early termination if they are the subject of a protective order/injunction against harassment (ARS 33-1318.01). No monetary penalties for summoning peace officers or emergency services are permitted (ARS 33-1315(A)(5)). 
  • Domestic violence – Victims are permitted early termination of lease on a mutually agreed date (but within 30 days' notice) without a lease penalty (ARS 33-1318(A)) so long as they provide proof of status. Locks must be changed by the landlord if requested (ARS 33-1318(E)). The landlord must refuse entry to the tenant if the tenant is the perpetrator (ARS 33-1318(G)). No monetary penalties for summoning peace officers or emergency services are permitted (ARS 33-1315(A)(5)).
  • Rent adjustment – Landlords must provide 30 days' notice and disclose rent hikes for municipal tax purposes in the lease (ARS 33-1314).

Arkansas

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Bed bug information – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.
  • Domestic violence – The landlord cannot refuse to rent to a domestic violence victim, terminate the lease, prohibit or penalize for peace officer calls, refuse to change the locks (at the tenant's expense), or allow the perpetrator in a protective order to enter the premises unless allowed under the court order (A.C.A. § 18-16-112).

California

  • Asbestos – A landlord of any building built before 1979 must disclose to the tenant any known asbestos-containing construction materials and the contents of any report conducted to determine its location and provide procedures for prevention or minimizing release or exposure (Cal. Health & Safety Code § 25915).
  • Methamphetamine/illegal substance contamination – If a landlord receives notice from a local health officer that the property has been contaminated by an illegal controlled substance, the landlord must give all prospective tenants a copy of the notice. The tenants must acknowledge receipt of the notice before signing the lease. The notice must also be attached to the lease agreement (Cal. Health & Safety Code § 25400.28).
  • Mold – Landlords must disclose the presence of dangerous mold exceeding CA Department of Public Health (CDPH) guidelines (H&S Section 26147).
  • Registered sex offender information – Every residential lease must contain the following statutory notice regarding the existence of public access to the state's sex offenders database: “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 Website 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)      
  • Demolition permits – Landlords must provide notice pursuant to Civil Code Section 1940.6(b) of planned demolitions. The notice must include the earliest possible approximate date on which the owner expects the demolition to occur and the approximate date on which the owner will terminate the tenancy. However, in no case may the demolition for which the owner or the owner's agent has applied occur prior to the earliest possible approximate date noticed.
  • Military base – A landlord must disclose to prospective tenants any known former federal or state military training facilities which may contain potentially explosive munitions located within one mile of the residential dwelling (Cal. Civ. Code § 1940.7).  
  • Death in rental unit – A residential landlord must disclose any death in the unit that has occurred within the last three years if it is considered to be material. Death from a violent crime would most likely be considered material while a death from natural causes may not be. Death from AIDS is not required to be disclosed (Cal. Civ. Code § 1710.2).  
  • Pest control – A landlord must provide any affected tenants with at least 24-hour prior notice before applying pesticides in a dwelling unit (Cal. Civ. Code § 1940.8.5). If a pest control company has been contracted to provide periodic pest control service for residential property, the landlord must give each tenant a copy of the notice (required under Cal. Bus. & Prof. Code § 8538) provided by the pest control company (Cal. Civ. Code § 1940.8).   
  • Late fees – Landlords must disclose in the lease any fees that will be charged from late payments, which cannot be more than a reasonable estimate of the cost.
  • Shared utilities arrangements – Pursuant to Civil Code Section 1940.9(a), landlords, prior to the inception of the tenancy or upon discovery, must explicitly disclose shared utility arrangements to tenants and must either (1) execute a mutual written agreement with the tenant for payment by the tenant of the cost of the gas or electric service provided through the tenant's meter to serve areas outside the tenant's dwelling unit or (2) make other arrangements, as are mutually agreed in writing, for payment for the gas or electric service provided through the tenant's meter to serve areas outside the tenant's dwelling unit.
  • Dishonored payment fees – Landlords must disclose in the lease any dishonored payment fees, which cannot be more than a reasonable estimate of the cost.    
  • Bed bug information – Disclosure is not required but is still recommended.
  • Marijuana use policy – Disclosure is not required but is still recommended. Recreational use is allowed by state law.
  • Domestic violence – Tenants may terminate their lease after 14 days of notice and providing proof of victim status (Cal. Civ. Code § 1946.7(b) & (d)). The landlord must change the lock during the tenancy if requested (Cal. Civ. Code § 1941.5 and 1941.6).

Colorado

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Bed bug information – Disclosure is not required but is still recommended.
  • Marijuana use policy – Disclosure is not required but is still recommended. Recreational use is allowed by state law.
  • Domestic violence – Victims may terminate their lease with proof of domestic violence status. No penalty or retaliation for police calls to seek help for abuse are permitted (Colorado Revised Statutes 38-12-402 for specificity & 509).

Connecticut

  • Late fees – Late fees cannot be imposed or prorated before the grace period expires (Conn. Gen. Stat. 47a-4).
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Bed bug information – Disclosure is not required but is still recommended.
  • Marijuana use policy – Disclosure is not required but is still recommended. Medical use is allowed by state law.
  • Domestic violence – Domestic violence victims and sexual assault victims may terminate with a 30-day notice (Conn. Gen. Stat. 47a-11e).

Delaware

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended (25 Del Code § 5312).
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Bed bug information – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.
  • Domestic violence – Victims may receive early termination with 30 days' written notice (25 Del Code § 5314(b)(6)). Landlords may not pursue eviction, increase rent, decrease services, or cause tenants to quit solely because a tenant is a domestic violence victim (25 Del Code § 5316).

District of Columbia

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Bed bug information – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for recreational use. Landlords should disclose any related policies in the lease agreement.
  • Domestic violence – Victims may receive early termination of the lease after providing 14 days' written notice and proof of status OR a new tenancy of the unit, whichever occurs first (DC Code Annotated Section 42-3505.07). The landlord must change the locks within five business days after a written request, and the victim must reimburse the landlord within 45 days for reasonable costs (DC Code Annotated Section 42-3505.08(a) & (b)).   

Florida

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Pursuant to Fla. Stat. Ann. S. 68.065(2), in lieu of a service charge authorized under subsection (3), s. 832.062(4)(a), or s. 832.07, the payee of a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, may lawfully collect bank fees actually incurred by the payee in the course of tendering the payment, plus a service charge of $25 if the face value does not exceed $50; $30 if the face value exceeds $50 but does not exceed $300; $40 if the face value exceeds $300; or 5% of the face value of the payment instrument, whichever is greater.
  • Bed bug information – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.

Georgia

  • Death in rental unit – Landlords must disclose a prior death in the rental unit to prospective tenants to the best of their knowledge if asked directly. This requirement includes deaths by communicable diseases, homicides, and natural deaths (O.C.G.A. § 44-1-16).
  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Landlords must disclose dishonored payment fees, which must not exceed $30 or 5% of the face amount of the instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution (O.C.G.A. § 13-6-15 (b)).
  • Bed bug information – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.

Hawaii

  • Demolition permits – Landlords must provide at least 120 days' written notice in advance of an anticipated demolition (HRS S.521-38).
  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Bed bug information – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.
  • Domestic violence – Victims may receive early termination upon 14 days' notice and proof of their status (HRS S.521-80(a)). The landlord must change the locks upon request within three days at tenant's expense or allow tenants to change the locks themselves, providing new keys to the landlord (HRS S.521-81(b)). Domestic violence victims cannot be subject to additional security deposit, fees, or other penalties (HRS S.521-81(d)).

Idaho

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended (Attorney General Handbook (pg. 9–10)).
  • Dishonored payment fees – Disclosure is not required but is still recommended.

Illinois

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements - The landlord must give tenants in writing the formula used for allocating public utility payment among the tenants (total payment not to exceed the monthly bill) (765 Illinois Compiled Statute 740/5).
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.
  • Domestic violence – Victims may terminate the lease upon providing three days' written notice and proof of victim status. Landlords must change the locks upon request (or allow tenants to change the locks) within 48 hours of receiving written notice and proof of victim status or court order if the perpetrator is a lessee (765 ILCS 750/20(a)). The landlord may charge a reasonable fee for the lock change. The landlord cannot disclose to the prospective buyer of the unit that a current tenant or member of the tenant's household exercised rights of a victim of domestic violence or any information regarding those rights (except if compelled by law or in a civil procedure) (765 ILCS 750/27(a) & (b)). Tenants can waive non-disclosure rights in writing only (765 ILCS 750/27(c)).

Indiana

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Domestic violence – No retaliation against victims by the landlord is permitted, including terminating the lease early or refusing to rent (IC 32-31-9-8). Landlords must change the locks within 48 hours of receiving proof of victim status if the perpetrator does not live in the same residence (IC 32-31-9-9). Landlords must change the locks within 24 hours with a court order if the perpetrator lives in the same residence, and the landlord may not give the perpetrator access unless required by court order to collect possessions (IC 32-31-9-10). The tenant must reimburse the landlord for the actual cost to the change locks. If the landlord does not change the locks upon request, the landlord must reimburse the tenant (IC 32-31-9-11). Victims may receive early termination of the lease upon 30 days' written notice if 1) there is a restraining order and 2) there is a domestic violence safety plan that recommends relocation (IC 32-31-9-12).

Iowa

  • Hazardous substances - A contamination disclosure is necessary if the property is listed on the EPA site/database previously called the Comprehensive Environmental Response Compensation and Liability Information System (retired) and now called the Superfund Enterprise Management Systems (SEMS) (Iowa Code § 562A.13(6)).  
  • Late fees – If the rent is $700 or less per month, the lease may include a late fee of up to $12 per day or a total amount of $60 per month. If the rent is more than $700 per month, the lease may provide for a late fee of up to $20 per day or a total amount of $100 per month (Iowa Code § 562A.9(4)).
  • Shared utilities arrangements – The landlord must fully explain utility rates, charges, and services before the lease is signed (Iowa Code § 562A.13(4)). It is recommended that tenant initial next to this section to satisfy disclosure requirements.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use—limited to cannabis oil for intractable epilepsy only. No home cultivation is permitted. Landlords should disclose any related policies in the lease agreement.  
  • Domestic violence – The landlord cannot terminate a lease, fail to renew, or refuse to enter into the lease with a domestic violence victim (Iowa Code § 562A.27A).

Kansas

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.

Kentucky

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.

Louisiana

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement. 
  • Domestic violence – Tenants receiving housing authority assistance cannot have those tenancies or assistance revoked due to domestic violence crimes committed against them (Louisiana Revised Statutes Annotated 40:506(d)(1)). The housing authority may terminate the tenancy or assistance to domestic violence perpetrators (Louisiana Revised Statutes Annotated 40:506(d)(1)). For landlords owning buildings with six or more separate units, domestic violence victims may terminate their leases early upon 30 days' written notice and proof of domestic violence victim status (Louisiana Revised Statutes Annotated 9:3261.1). This requirement does not apply to landlords with 10 units or less that live in one of the units.  

Maine

  • Late fees – Late fees must be disclosed in the lease to be charged, cannot exceed 4% of one month’s rent, and cannot be charged until the rent payment is 15 days late (14 Me. Rev. Stat. Ann 6028).
  • Shared utilities arrangements – Landlords must disclose arrangements in writing. If one tenant is solely responsible for electricity to common areas or other areas within a multi-unit, all parties to the lease must have agreed in writing that the tenant is solely responsible to pay such cost in return for state reduction in rent or other specified fair consideration that approximately equals cost (14 Me. Rev. Stat. Ann 6024).
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Bed bug information – Landlords must disclose bed bug information to prospective tenants if an adjacent unit is infested or being treated for bed bugs. Upon request from the tenant (or prospective tenant), the landlord must disclose the last date the property was inspected for bed bug infestation and found to be free of bed bugs (14 Me. Rev. Stat. Ann 6021A(2)(D)). The landlord may not offer to rent the property that the landlord knows or suspects is infested with bed bugs (14 Me. Rev. Stat. Ann 6021A(2)(E)).
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement. 
  • Domestic violence – Domestic violence victims can change the locks at their own expense and must provide the landlord a duplicate key within 72 hours (14 Me. Rev. Stat. Ann 6025(1)).

Maryland

  • Death in rental unit – No need to disclose the landlord's or previous occupant's HIV/AIDS status or homicides, suicides, accidental deaths, natural deaths, or felonies committed on the property (MD Code Ann 2-120).
  • Late fees – Landlords must disclose late fees, which cannot be greater than 5% of the rent OR, if rent is paid weekly, late fees cannot be greater than $3/week or a total of no more than $12/month (MD Code Ann 8-208(d)(3)).
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement. 
  • Domestic violence – Victims may receive early lease termination upon 30 days' written notice and proof of domestic violence victim status (MD Code Ann 8-5A-02, 8-5A-03, & 8-5A-04). The landlord cannot evict based on a domestic violence event (MD Code Ann 8-5A-05). The landlord must change the locks if there is a protective order for the victim or a peace order is issued for the benefit of the victim. The lock change must occur by close of the next business day after receiving a written request. If the landlord changes the locks, the tenant must provide the landlord with new keys within 48 hours, and the landlord can charge for reasonable costs of the lock change. Tenants may change the locks themselves if the landlord does not do so by the end of the next business day (MD Code Ann 8-5A-06).

Massachusetts

  • Late fees – Landlords must disclose fees in the lease. Landlords may not charge late fees or interest payments for failure to pay rent until 30 days after rent is due (Mass. Gen. Laws Ann. Ch. 186 Section 15B(1)(c)).
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement. 
  • Domestic violence – Victims may receive early lease termination upon 30 days' written notice of victim status (occurring within three months of latest domestic violence, rape, sexual assault, or stalking event). The landlord must keep such documentation confidential (Mass. Gen. Laws Ann. Ch. 186 Section 24). The landlord cannot terminate the lease solely for the tenant's domestic violence and cannot refuse to enter into a rental agreement solely based on the applicant's domestic violence status or lock change request (Mass. Gen. Laws Ann. Ch. 186 Section 25). Locks must be changed within two business days or the landlord must give tenants permission to change the locks themselves. The landlord may charge a reasonable fee for the lock change (Mass. Gen. Laws Ann. Ch. 186 Section 26(d)).
  • Rent adjustment – If the lease states that the tenant is obligated to pay a specific proportion of increased real estate tax, then the tenant can be charged for pass-through real estate taxes (Mass. Gen. Laws Ann. Ch 186 Section 15C).

Michigan

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Landlords must disclose dishonored payment fees in the lease. The fees must be $25 if paid within seven days and $35 if paid within 30 days. See Mich. Comp. Laws 600.2952 for the exact demand language from the landlord to the tenant.  
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement. 
  • Domestic violence – The lease must include the following disclosure: "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." (Mich. Comp. Laws 554.601b(1)). The statutory rights include early termination of the lease with written notice to the landlord delivered by certified mail with proof of domestic violence victim status (Mich. Comp. Laws 554.601b(1) & (3)). The tenant's lease obligation ends, at the latest, on the first day of the second month that rent is due AFTER notice is given (e.g. probably under 31 days) (Mich. Comp. Laws 554.601b(2)).

Minnesota

  • Attorney General's Handbook Notice – Pursuant to Minn. Statute 504B.181(2)(b), the landlord must place a notice in a conspicuous place on the property that states that a copy of the Minnesota Landlords and Tenants: Rights and Responsibilities handbook is available upon request.
  • Late fees – Landlords must disclose fees in writing. Late fees cannot exceed 8% of the overdue rent payment (Minn. Stat. 504B.177).
  • Shared utilities arrangements – For single-meter buildings, the landlord MUST 1) provide prospective tenants notice of total utility costs for the building for each month of the most recent calendar year, 2) include a lease provision re an equitable method of apportionment and frequency of billing by the landlord, 3) include a lease provision that, upon tenant's request, the landlord must provide a copy of actual utility bills for the building along with each apportioned utility bill and upon request, the landlord must also provide past copies of actual utility bills for any period of the tenancy where the tenant received an apportioned utility bill (the landlord must keep records of actual past bills for two years), AND 4) inform tenants in writing of possible availability of energy assistance from the "Low Income Home Energy Assistance Program," including the toll-free phone number of the agency (Minn. Stat. 504B.215(2)).
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement. Smoking in common areas is prohibited (Minnesota's Clean Indoor Air Act).  
  • Domestic violence – The landlord cannot evict, penalize, or limit the tenant's right to call police or emergency services in response to domestic violence (Minn. Stat. 504B.205). Tenants can terminate the lease early upon providing written notice and proof of domestic violence victim status (Minn. Stat. 504B.206(1)). Tenant victims are still liable for rent payment for the full month in which the tenancy terminates but forfeit all claims for the return of the security deposit under Minn. Stat. 504B.178 (Minn. Stat. 504B.206(3)). The landlord must keep information provided in the written notification confidential except as evidence in an eviction proceeding, action for unpaid rent/damages, or as required by law (Minn. Stat. 504B.206(2)).

Mississippi

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Landlords must disclose fees in writing. Fees are not to exceed $30 for each dishonored payment (Miss. Code 97-19-75(5)).
  • Marijuana use policy – State law allows marijuana for medical use—limited to cannabis oil for intractable epilepsy only. No home cultivation is permitted. Landlords should disclose any related policies in the lease agreement.   

Missouri

  • Methamphetamine contamination/production – The landlord must disclose any prior knowledge of methamphetamine production, regardless of whether the person involved in production was convicted (Mo. Rev. Stat. 441.236.1).
  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Landlords must disclose fees in writing. Must be $25 plus an amount equal to the bank's actual charge for dishonored payments (Mo. Rev. Stat. 570.120(6)(2)).
  • Marijuana use policy – State law allows marijuana for medical use—limited to cannabis oil for intractable epilepsy only. No home cultivation is permitted. Landlords should disclose any related policies in the lease agreement.    

Montana

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.  

Nebraska

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Landlords must disclose fees in writing. Dishonored payment fees are limited to $10 plus any reasonable handling fee imposed by the financial institution (Neb. Rev. Stat. 28-611(5)).

Nevada

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.   
  • Domestic violence – Domestic violence victims have the right to terminate the lease upon written notice to the landlord of a domestic violence incident within the past 90 days. The victim is responsible for rent for 30 days or until the end of the current rental period, whichever is sooner (NRS 118A.345(1)).

New Hampshire

  • Methamphetamine contamination/production – Landlords must provide written notice that methamphetamine was produced on the property and the property has met remediation standards established by the New Hampshire Department of Environmental Services (NH RSA 447;4-g).
  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Landlords must disclose fees in writing. Tenants must pay the check amount and all costs and fees within 14 days after receiving notice that a payment was refused (NH RSA 638.4(III) and (IV)).
  • Bed bug information – The landlord must investigate insect and rodent infestations within seven days of notice of alleged infestation from the tenant or municipal health or housing code authority and take reasonable measures to remediate an infestation (NH RSA 540-A:3(V-a)). 
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.   
  • Domestic violence – The landlord cannot terminate a victim's lease solely because of a domestic violence incident. Victims have the right to have the locks changed (NH RSA 540.2.VII).  

New Jersey

  • Truth in Renting Disclosure - Pursuant to the New Jersey Truth in Renting Act 46:8-46, every landlord must distribute one copy of the Truth in Renting guide in both English and Spanish to each new tenant at or prior to the time he assumes occupancy of the dwelling. In addition, every landlord must keep a copy of the current statement posted in both English and Spanish in one or more locations so that the statement is prominent and accessible to all his tenants. The penalty for failure to distribute and post copies is $100 per violation.
  • Late fees – Landlords must disclose late fees in writing. Senior citizens receiving Social Security Old Age Pension, rail pension, or any other governmental pension, social security disability benefits, SSI, or benefits under Work First NJ, must be given a five business days' grace period for payment when rent is due on the first of the month. No delinquency or late charge may be assessed during the grace period. The landlord's violation may result in criminal prosecution as a "disorderly person" (NJSA 2A:42-6.1, 2A:42-6.2, and 2A:42-6.3).
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Landlords must disclose fees in the lease. After 35 days after demand for remedy of bounced check, the landlord can charge $100 or three times the face amount, whichever is greater, but never more than $50, including legal fees and court costs (NJSA 2A:32A-1). Written demand must be in English and Spanish. The statutory language is located at NJSA 2A:32A-1(c).
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.   
  • Domestic violence – Victim can terminate the lease upon 30 days' written notice to the landlord. Victim is responsible for paying rent and abiding by the lease until the thirtieth day after the landlord receives notification (NJSA 46:8-9.6 & 9.7). A security deposit refund is due within 15 business days including interest earned (NJSA 46:8-21.1).

New Mexico

  • Late fees – Landlords must disclose fees in the lease. Late fees must not exceed 10% of the total rent payment for each rental period that the tenant is in default (NM Stat Ann 47-8-15(D)).
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.   

New York

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Landlords must disclose fees in the lease. Fees for dishonored payments may not exceed $20 per instance (NY General Obligations Law 5-328).
  • Bed bug information – New residential tenants in New York City must be given a one-year bed bug infestation history. This requirement does not apply to the remainder of the state. 
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.   
  • Domestic violence – Victims can terminate the lease early with a court order specifying a termination date that is no earlier than 30 days and no later than 150 days after the due date of the next rental payment date subsequent to the date such order is served on the landlord (NY Real Property 7:227c(2)(d)). The landlord cannot discriminate, refuse to rent to the victim, or terminate the lease on the victim. Note these protections do not apply to owner-occupied buildings with two or fewer units (NY Real Property 7:227(d)(2)(d)).

North Carolina

  • Late fees – Landlords must disclose fees in the lease. Late fees may be charged only if the rental payment is five days or more late. For monthly payments, the maximum late fee is $15 or 5% of the monthly rent, whichever is greater. For weekly payments, the maximum late fee is $4 or 5% of the weekly rent, whichever is greater (NC Gen Stat 42-46(a)).    
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Landlords must disclose fees in the lease, not to exceed $25 for each dishonored payment (NC Gen Stat 25-3-506).  
  • Marijuana use policy – State law allows marijuana for medical use—limited to cannabis oil for intractable epilepsy only. No home cultivation is permitted. Landlords should disclose any related policies in the lease agreement.     
  • Domestic violence – Victims may receive early termination by providing 30 days' written notice and proof of victim status (e.g. protection order, restraining order, or valid Address Confidentiality Program card). A victim of domestic violence or sexual assault must submit a copy of a safety plan with the notice of termination (NC Gen Stat 42-45.1(a)). If a victim terminates the lease 14 days or more before occupancy, the tenant is not subject to any damages (NC Gen Stat 42-45.1(c)). The landlord cannot refuse to lease or renew based on a tenant's domestic violence victim status (NC Gen Stat 42-42.2). The landlord must change the locks upon request and provide new keys within 72 hours. The tenant must reimburse for expenses. The tenant can change the locks if the landlord does not act within 72 hours as required, and the tenant must give the new keys to the landlord within 48 hours (NC Gen Stat 42-42.3(b) and (c)).  

North Dakota

  • Late fees – Landlords must disclose fees in the lease (Attorney General's Guide to Tenant's Rights and Responsibilities).
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Landlords must disclose fees in the lease, not to exceed $40 per dishonored payment (Attorney General's Guide to Tenant's Rights and Responsibilities).
  • Domestic violence – The victim may terminate the lease upon providing advanced written notice stating that 1) he or she fears domestic violence from a perpetrator named in a court order, protection order, or restraining order, 2) the tenant needs to terminate the lease, and 3) the lease termination date (ND Century Code 47-16-17.1 and 17.2). The tenant is responsible for paying rent for the full month in which the tenancy terminates PLUS an additional month's rent, subject to the landlord's duty to mitigate (ND Century Code 47-16-17.5). The landlord cannot refuse to rent to a domestic violence victim or terminate the lease due to domestic violence incidents.  

Ohio

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Landlords must disclose fees in the lease, which may be no more than $30 or 10% of the check amount, whichever is greater (Ohio Rev. Code Ann. 1319.16).
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.    

Oklahoma

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use—limited to cannabis oil for intractable epilepsy only. No home cultivation is permitted. Landlords should disclose any related policies in the lease agreement.      

Oregon

  • Late fees – Landlords must disclose fees in the lease, which may be applied only after four days' delay and must be specified in the lease (ORS 90.260(1)). Late fees must be "reasonable" and may not exceed 1) a reasonable flat amount, charged once per rental period, 2) a reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent, or 3) 5% of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing and accumulating until that rent payment, not including any late charge, is paid in full, through that rental period only (ORS 90.260(2)).  
  • Shared utilities arrangements – The lease must specifically indicate the paying parties for all utilities. If prorating or sharing utility expenses between tenants and/or the landlord, the landlord must either provide the actual bill to the tenant or include a lease term stating that the actual bill is available for the tenant's inspection within 30 days after receipt of the bill (ORS 90.315(4)(a) & (b)).
  • Dishonored payment fees – Landlords must disclose fees in the lease. Each dishonored check fee may not exceed $35 (ORS 30.701(5)) plus any amount that the bank has charged the landlord for processing (ORS 90.302(2b)).  
  • Marijuana use policy – State law allows marijuana for recreational use. Landlords should disclose any related policies in the lease agreement.     
  • Domestic violence – A victim may terminate the lease early by providing a verification statement and 14 days' written notice requesting early termination (Legislative template at ORS 90.453). The written notice must include the lease release date, all family members to be released from lease obligations, verification of domestic violence victim status (such as a protective order), and proof of the domestic violence incident occurring within 90 days prior to the notice (ORS 90.453(2)). The victim can request a lock change from the landlord or permission to change the locks themselves (ORS 90.459).

Pennsylvania

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.     

Rhode Island

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – If the amount dishonored is not paid within 30 days of receipt of notice demanding payment, the tenant is liable for the check amount, a $25 collection fee, and three times the amount of the check but no less than $200 and no more than $1000 (RI Gen Law 6-42-3).
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.     
  • Domestic violence – Tenants that are victims of domestic violence cannot be discriminated against. For instance, the landlord cannot refuse to rent to the victim, terminate the lease, or fail to renew solely due to the tenant's status as a domestic violence victim (RI Gen Law 34-37-1(a) to (e)).

South Carolina

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Dishonored payments fees may not exceed $30 (SC Code Ann. 34-11-70(a)).
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.     

South Dakota

  • Methamphetamine contamination/production – The landlord must disclose any actual knowledge of prior manufacturing of methamphetamine on the premises (SD Codified Laws 43-32-30).
  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Landlords must disclose fees in the lease to be enforceable. Each dishonored payment fee may not exceed $40 for cost and expenses (SD Codified Laws 57A-3-421).

Tennessee

  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Late fees – Landlords must disclose fees in the lease. No late fee may be assessed until rent is at least five days late. Fees cannot exceed 10% of the amount past due (Tenn. Code. Ann. 66-28-201(d)).
  • Dishonored payment fees – Landlords must disclose fees in the lease. The maximum handling charge for each dishonored check is $30 (Tenn. Code Ann. 47-29-102).  
  • Marijuana use policy – State law allows marijuana for medical use—limited to cannabis oil for intractable epilepsy only. No home cultivation is permitted. Landlords should disclose any related policies in the lease agreement.       

Texas

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Domestic violence – Victims cannot be prohibited from calling the police or otherwise be penalized for domestic violence incidents (Texas Property Code 92.015(a)). Victims of domestic violence, sex offenses, or stalking may terminate the lease early upon providing proof of their victim status and a 30-day written notice (Texas Property Code 92.0161(b) – (d)).  

Utah

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Landlords must disclose fees in the lease, which may be no more than $20 per check (Utah Code Ann 7-15-2(2)).
  • Domestic violence – Victims can request that the landlord change the locks by providing proof of victim status and reimbursement for the landlord's expenses (Utah Code 57-22-5.1(3)). Victims can terminate the lease early by providing 45 days' written notice and proof of victim status (Utah Code 57-22-5.1(4)). The landlord may not restrict the tenant from calling the police and may not penalize or evict the tenant for seeking assistance (Utah Code 57-22-5.1(5)).

Vermont

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.      

Virginia

  • Methamphetamine contamination/production – The landlord must disclose in the lease if the property was previously used to manufacture methamphetamine and not cleaned up yet per Department of Health guidelines (VA Code 55-248.12:3(A)). The tenant may terminate the lease at any time within 60 days of discovery that the property was previously used to manufacture methamphetamine and not properly cleaned up (VA Code 55-248.12:3(B)).
  • Mold – The landlord must disclose whether there is any visible evidence of mold in areas readily accessible within the interior. This disclosure is required as part of the move-in checklist (VA Code 55-248.11:2).  
  • Demolition permits – It must disclosed in the lease if the landlord filed to convert the property to a condo or a cooperative with the Real Estate Board or if, within six months, a plan exists for tenant displacement from demolition, substantial rehabilitation, or conversion into commercial property (VA Code 55-248.12(C)).   
  • Military base – The lease must disclose if the property is located in a noise zone or potential accident zone or both, as designated by the locality on its official zoning map (specific for military air installations). Mistakes in this disclosure are equivalent to not making the disclosure at all (VA Code 55-248.12:1(A)).   
  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – The lease must specify a ratio utility billing system for shared utilities (whether billing is based on square footage, occupancy, number of bedrooms, etc.) (VA Code 55-226.2).
  • Dishonored payment fees – The lease must disclose fees. Dishonored payment fees may not exceed a $50 processing charge, plus interest from the date of the check, plus any check return fee charged by the bank, plus any reasonable attorneys fee if awarded by the court (VA Code 8.01-27.1(A)).
  • Domestic violence – Victims can terminate the lease early by providing proof of victim status (e.g. protective order or conviction from court) and 30 days' written notice to the landlord (VA Code 55-225.16 & VA Code 55-248.21:2). The landlord cannot charge liquidated damages (VA Code 55-248.21:2(D)). Victims can request a lock change by providing proof of victim status. The landlord can charge for reasonable costs incurred for a lock change at termination (VA Code 55-248.18:1(A)).

Washington

  • Mold – At the time the lease or rental agreement is signed, the landlord must provide tenants with information provided or approved by the department of health about the health hazards associated with exposure to indoor mold. Information may be provided in written format individually to each tenant or may be posted in a visible, public location at the dwelling unit property. The information must detail how tenants can control mold growth in their dwelling units to minimize the health risks associated with indoor mold. Landlords may obtain the information from the department's website or, if requested by the landlord, the department must mail the information to the landlord in a printed format (RCW §59.18.060).
  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – The lease must disclose fees for dishonored payments, which may not exceed $40 (RCW 62A.3-515).
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.      
  • Domestic violence – Victims can terminate the lease early by providing proof of victim status and may request termination within 90 days of a domestic violence event (RCW 59.18.575(1)). Victims are discharged from payment of rent for any period following the last day of the month of the termination day (RCW 59.18.575(2)). The landlord cannot terminate the tenancy, fail to renew, or refuse to enter into a rental agreement based solely on domestic violence victim status (RCW 59.18.580).

West Virginia

  • Late fees – Landlords must disclose late fees in the lease (W.VA 37-6A-2(b)(1)).
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Landlords must disclose dishonored payment fees in the lease, which must not exceed $25 per instance (W.VA 61-3-39e). 

Wisconsin

  • Late fees – Landlords must disclose late fees in the lease (Wis Stat. 134.09(8)). 
  • Shared utilities arrangements – If there is no separate meter for the unit or common area, and the utility charges are not included in the rent, then the landlord must disclose the basis on which charges for utility services will be allocated (Wis. Stat. 134.04(3)).
  • Dishonored payment fees – Landlords must disclose dishonored payment fees in the lease (Wis. Stat. 134.09(8)). 
  • Marijuana use policy – State law allows marijuana for medical use—limited to cannabis oil for intractable epilepsy only. No home cultivation is permitted. Landlords should disclose any related policies in the lease agreement.        
  • Domestic violence – Every lease must include a "Notice of Domestic Abuse Protection" term exactly as provided in Wis Stat. 704.14 (including in LegalNature's lease and rental agreements). A victim may terminate the lease early upon providing proof of victim status and written notice of early termination (Wis Stat. 704.16(1)). Victims are not responsible for rent after the end of the month following the month in which notice was provided (Wis Stat. 704.16(2)). The landlord can terminate a domestic violence aggressor's tenancy upon receiving proof (e.g. injunction, criminal complaint, etc.) (Wis. Stat 704.16(3)). The landlord must change the locks to the tenant's premises (or give tenants permission to change the locks) within 48 hours of receiving a written request and proof of victim status. The tenant is responsible for paying associated costs (Wis Stat. 704.16(4)).  

Wyoming

  • Late fees – Disclosure is not required but is still recommended.
  • Shared utilities arrangements – Disclosure is not required but is still recommended.
  • Dishonored payment fees – Disclosure is not required but is still recommended.
  • Marijuana use policy – State law allows marijuana for medical use. Landlords should disclose any related policies in the lease agreement.      
  • Domestic violence – The landlord may not terminate the tenancy solely due to the tenant's victim status (Wyo. Stat. 1-21-1303(c)). The Wyoming Safe Home Act cannot be waived or modified in any lease or separate agreement (Wyo. Stat. 1-21-1304).
Was this helpful? /