Federal Landlord-Tenant Law
Federal rules that apply in every state — fair housing, assistance animals, servicemembers, domestic-violence survivors, federally assisted housing, lead paint and tenant screening — each linked to the U.S. Code, regulation or agency page.
Last verified: 2026-10-23
Fair Housing Act: protected classes, covered housing and exemptions
Covers: Most rental housing nationwide. Two exemptions apply: (1) a single-family house rented by a private owner who owns no more than three such houses and rents without a broker or discriminatory advertising, and (2) a building with living quarters for no more than four families where the owner lives in one of the units (the 'Mrs. Murphy' exemption).
Landlords may not refuse to rent, set different terms, or falsely say a unit is unavailable because of race, color, religion, sex, familial status, national origin, or disability (the statute's word is 'handicap'). The 3603(b) exemptions do not cover the ban on discriminatory notices and advertising in 3604(c), so even an exempt owner cannot publish a discriminatory ad. Disability discrimination includes refusing reasonable accommodations in rules or policies and refusing reasonable modifications that the tenant pays for.
Tip: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt.
The statute is unchanged (U.S. Code current through Pub. L. 119-124, Oct. 15, 2026). HUD withdrew eight FHEO guidance documents effective Sept. 17, 2025 (notice at 91 FR 17291, Apr. 6, 2026). They include the 2022 criminal-records guidance and the 2024 digital-advertising guidance. The withdrawal changes no statutory rights, and private lawsuits within two years remain available.
Assistance animals (service and emotional support animals) in housing
Covers: Housing covered by the Fair Housing Act, plus HUD-assisted housing for the elderly and people with disabilities (24 CFR part 5, subpart C).
Refusing a reasonable accommodation in a rule or policy, such as a no-pets rule, can be illegal disability discrimination when the accommodation is needed for an equal opportunity to use the home. HUD's own regulation uses a guide dog in a no-pets building as an example of a required accommodation. In HUD-assisted elderly and disability projects, owners and housing authorities may not apply their pet policies to animals that are needed as a reasonable accommodation. The rule that no pet fees or deposits may be charged for assistance animals came from HUD guidance, which HUD has since withdrawn. A fee can still be challenged as a failure to accommodate.
Tip: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it.
HUD withdrew FHEO 2020-01 (assistance-animal guidance, Jan. 28, 2020) and FHEO Notice 2013-01 (service and assistance animals) effective Sept. 17, 2025. The notice is at 91 FR 17291 (Apr. 6, 2026): https://www.federalregister.gov/documents/2026/04/06/2026-06624/notification-of-withdrawal-of-fair-housing-and-equal-opportunity-guidance-documents. HUD says it will reissue guidance it finds necessary. The statute and 24 CFR 100.204 are unchanged (eCFR shows no amendment to 100.204 since 2017). 24 CFR 100.204 states the general duty to make reasonable accommodations but does not mention pet fees or deposits. In HUD-assisted housing for the elderly and people with disabilities (24 CFR 5.303) and in public housing (24 CFR 960.705), owners and housing authorities may not apply their pet policies, which include pet deposits, to animals needed as a reasonable accommodation. The ADA rule that bans surcharges for service animals (28 CFR 36.302(c)(8)) applies to public accommodations, such as a leasing office open to the public, and covers only trained service dogs (with a separate rule for miniature horses). It does not set the fee rule for the rented home itself, which the Fair Housing Act governs.
Source: 42 U.S.C. 3604(f)(3)(B); 24 CFR 100.204; 24 CFR 5.303
Servicemembers Civil Relief Act: ending a lease early
Covers: Residential leases signed before entering military service, or signed during service followed by permanent change of station (PCS) orders or deployment orders of at least 90 days (stop-movement orders are also covered). Spouses and dependents are covered after a servicemember's death, and catastrophic injury is also covered.
The tenant ends the lease by giving written notice plus a copy of the military orders. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. The landlord may not charge an early-termination fee. Unpaid rent up to the termination date is prorated, and rent paid in advance must be refunded within 30 days.
Tip: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies.
No change found. The U.S. Code is current through Pub. L. 119-124 (Oct. 15, 2026).
Source: 50 U.S.C. 3955
Servicemembers Civil Relief Act: eviction protection
Covers: A servicemember on military service, and their dependents, living in a residence whose monthly rent is at or below the yearly inflation-adjusted cap. For 2026 the cap is $10,542.60.
A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor.
Tip: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay.
The 2026 cap is $10,542.60 per month, effective Jan. 1, 2026. It was published by the Department of War at 91 FR 11527 (Mar. 10, 2026): https://www.federalregister.gov/documents/2026/03/10/2026-04689/notice-of-publication-of-housing-price-inflation-adjustment. The amount is updated every year, so check it again each January.
Source: 50 U.S.C. 3951; 2026 rent cap at 91 FR 11527 (Mar. 10, 2026)
VAWA housing protections
Covers: Federally assisted 'covered housing programs' only, not private market rentals. These include public housing and Section 8 (vouchers and project-based), Section 202, Section 811, HOPWA, HOME, McKinney-Vento homeless programs, Low-Income Housing Tax Credit properties, the Housing Trust Fund, USDA rural housing, and certain VA homeless-veteran housing.
An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days.
Tip: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing.
No 2024-2026 statutory change found, and eCFR shows no amendments to 24 CFR 5.2005 or 5.2009 since 2017.
CARES Act 30-day notice to vacate (covered dwellings)
Covers: Tenants in 'covered properties': housing in a VAWA covered housing program (public housing, Section 8, LIHTC and others) or the rural housing voucher program, and properties with a federally backed mortgage (for example FHA, VA, USDA, Fannie Mae or Freddie Mac), both 1-4 unit and multifamily.
The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text.
Tip: If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense.
The statute is still in the Code unamended (current through Pub. L. 119-124). HUD Notice PIH 2021-29 / H 2021-06 (Oct. 7, 2021) said the 30-day requirement 'remains in effect for all CARES Act-covered properties': https://www.hud.gov/sites/dfiles/OCHCO/documents/2021-29pihn.pdf. On Feb. 25, 2026, HUD announced it was rescinding 17 COVID-era notices without listing them (https://www.hud.gov/news/hud-no-26-017). HUD's rescission notice for public housing programs, Notice PIH 2026-06 (Mar. 16, 2026), lists the 17 PIH notices it rescinds, and PIH 2021-29 is not among them: https://www.hud.gov/sites/default/files/PIH/documents/PIH-2026-06.pdf. As of Oct. 23, 2026, PIH 2021-29 / H 2021-06 is still posted on hud.gov. HUD guidance does not bind courts, and courts may differ on whether 9058(c) is still enforceable, so check decisions in your state.
Source: 15 U.S.C. 9058(c)
HUD 30-day nonpayment notice (public housing and project-based Section 8)
Covers: Public housing (24 CFR 966.4) and project-based Section 8 and other HUD project-based rental assistance properties (24 CFR 247.4 and related parts).
Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction.
Tip: If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent.
The rule is still in effect. The current eCFR text of 24 CFR 247.4(c), (e) and 966.4(l)(3), (q), (r) still contains the 30-day nonpayment notice requirement. HUD published an interim final rule revoking it (91 FR 9449, Feb. 26, 2026, set to take effect Mar. 30, 2026). On Mar. 13, 2026, HUD delayed that rule indefinitely (91 FR 12301) and now treats the revocation as a proposed rule pending a final rule: https://www.federalregister.gov/documents/2026/03/13/2026-04990/revocation-of-the-30-day-notification-requirement-prior-to-termination-of-lease-for-nonpayment-of. No final rule had been published in the Federal Register as of Oct. 23, 2026. The lawsuit challenging the revocation, Jane Addams Senior Caucus v. HUD, No. 1:26-cv-00718 (D.D.C.), was closed on Mar. 17, 2026 after the plaintiffs voluntarily dismissed it, so there is no court ruling on the merits. HUD can still finalize the revocation, so check the Federal Register for a final rule before relying on this protection.
Source: 24 CFR 247.4(c), (e); 24 CFR 966.4(l)(3); 89 FR 101270 (Dec. 13, 2024)
Housing Choice Voucher (Section 8) basics for private landlords
Covers: Private owners renting to a tenant with a Housing Choice Voucher under a HAP contract with a public housing agency (PHA).
The PHA must inspect the unit and confirm it meets housing quality standards, approve the lease with the HUD tenancy addendum, and find the rent reasonable compared with similar unassisted units before signing the HAP contract. At all times the rent to the owner may not exceed the reasonable rent the PHA most recently set. The owner may not demand or accept any payment from the tenant beyond the tenant's share (rent to owner minus the PHA's payment), and must immediately return any excess. The tenant is not responsible for the PHA's portion.
Tip: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA.
Voucher programs must switch from HQS to NSPIRE inspection standards by Feb. 1, 2027, under HUD's Sept. 30, 2025 extension, as stated in Notice PIH 2026-18 (July 15, 2026): https://www.hud.gov/sites/default/files/PIH/documents/PIH-2026-18.pdf.
Lead-based paint disclosure (pre-1978 housing)
Covers: Sales and leases of 'target housing' built before 1978. Exempt: leases of units certified lead-based-paint free, short-term leases of 100 days or less with no renewal, renewals where everything was already disclosed and nothing new is known, and foreclosure sales. The definition of 'target housing' in 40 CFR 745.103 excludes some housing and was not checked.
Before the tenant or buyer is bound by the contract, the landlord or seller must give the EPA pamphlet 'Protect Your Family From Lead in Your Home', disclose any known lead paint or hazards, and hand over any available reports. The lease must include or attach a Lead Warning Statement and the disclosure. Buyers, but not tenants, get a 10-day chance to inspect or do a risk assessment unless they agree otherwise or waive it.
Tip: If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing.
No change found to the disclosure rule (40 CFR 745 subpart F).
Source: 42 U.S.C. 4852d; 40 CFR 745.100-745.119; 24 CFR part 35, subpart A (HUD parallel)
FCRA tenant screening: adverse action notices and disputes
Covers: Any landlord or property manager who uses a consumer or tenant screening report (credit, eviction or criminal history), and the screening companies themselves.
If a screening report plays any part in denying an application, requiring a co-signer or bigger deposit, or charging higher rent, the landlord must give an adverse action notice. The notice names the screening company with its contact information, says the company did not make the decision, and explains the tenant's right to a free copy of the report within 60 days and to dispute errors. If a credit score was used, the notice must also disclose the score. Screening companies generally have 30 days (sometimes 45) to investigate a dispute.
Tip: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents.
The CFPB withdrew its Jan. 2024 'Background Screening' advisory opinion (89 FR 4171) effective May 12, 2025 (90 FR 20084), which does not change the statute. On July 9, 2026, the FTC announced a $2.25M civil penalty against tenant screener RentGrow for duplicate records and dispute failures. The proposed stipulated order still needs court entry: https://www.ftc.gov/news-events/news/press-releases/2026/07/rentgrow-pay-225-million-settle-ftc-allegations-company-violated-fair-credit-reporting-act-ftc-act. The FTC landlord guide is at https://www.ftc.gov/business-guidance/resources/using-consumer-reports-what-landlords-need-know (July 2023).
Source: 15 U.S.C. 1681m(a); 1681j; 1681i
Rental 'junk fee' rulemaking and enforcement (FTC/CFPB)
Covers: Landlords, property managers and rental listing practices (advertised rent versus mandatory fees).
No federal rule yet bans or caps rental fees. The FTC's existing fee rule (16 CFR part 464, in effect since May 12, 2025) covers only live-event tickets and short-term lodging, not ordinary leases. The FTC does pursue landlords case by case under the FTC Act for advertising rent that leaves out mandatory fees.
Tip: Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee.
On Mar. 12, 2026, the FTC issued an advance notice of proposed rulemaking (ANPRM) on unfair or deceptive rental housing fees, the earliest stage. Comments closed Apr. 13, 2026, and the FTC docket page shows no proposed rule as of today. Enforcement: Greystar agreed to pay $24M ($23M to the FTC, $1M to Colorado) on Dec. 2, 2025 and must disclose all fees and total monthly price before taking any payment (https://www.ftc.gov/news-events/news/press-releases/2025/12/greystar-agrees-pay-24-million-stop-deceptive-advertising-practices-result-ftc-colorado-lawsuit). Invitation Homes paid $48M in 2024. No current CFPB rental-fee rulemaking was found.
Source: 15 U.S.C. 45 (FTC Act Sec. 5); 16 CFR 464.1 (scope); FTC ANPRM, FTC-2026-0266
Federal eviction moratoria
Covers: All rental housing.
No federal eviction moratorium is in effect. The CDC's nationwide moratorium ended when the Supreme Court ruled on Aug. 26, 2021 (Alabama Ass'n of Realtors v. HHS) that the CDC lacked statutory authority. The CARES Act's 120-day filing moratorium expired in July 2020. Any remaining eviction pauses come from state or local law.
Tip: Check your state and city rules, since any eviction pause now comes from local, not federal, law.
Confirmed ended. The CFPB page (last modified June 25, 2026) states the Aug. 26, 2021 decision ended the moratorium, and HUD Notice PIH 2021-29 says the order was vacated nationwide. No new federal moratorium was found.
Source: Alabama Ass'n of Realtors v. HHS, 594 U.S. ___ (Aug. 26, 2021); 15 U.S.C. 9058(b)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.