Renting a home

This page is for people who will rent a house or apartment in the United States. Tenant rights are largely determined by state and city laws; the prohibition of discrimination is federal. Below, using examples from the official guides of New York, New Jersey, and Florida, you will find information about applications and credit checks, security deposit rules, what to look for in a lease, tenant rights, and ways to file complaints. For building a credit history, see 10.2 Opening a bank account; building a credit score.

1. Check the listing. If possible, do not sign a lease or pay money before seeing the home.
2. Apply. The landlord may ask about your income and ability to pay rent. According to New Jersey's official guide, a landlord may refuse to rent because of insufficient income, an apartment that is too small for the family, overcrowding that violates zoning rules, or a poor credit history.
3. A credit and background check is conducted.
   • New York: The maximum fee that may be charged for a credit and background check before a lease is $20. The landlord must give you a copy of the report and the invoice from the company that conducted the check; otherwise, the landlord cannot collect the fee. You do not have to pay a fee if you provide your own report obtained within the last 30 days.
   • New York: If a landlord rejects your application based on lawsuits between you and former landlords, the law presumes that the rejection was made for that reason. You can complain to the Attorney General; the landlord may be fined $500–$1,000.
   • Federal rule: If the landlord bases the decision even partly on a consumer report, they must notify you. The notice must state the name, address, and telephone number of the company that provided the report, your right to obtain a free report within 60 days if you request one, and your right to dispute the report.
4. Read the lease. See the section below.
5. Pay the security deposit and get a receipt. State limits are provided below.
6. Before moving in: In homes built before 1978, with bedrooms, and rented for more than 100 days, the landlord must disclose known lead-based paint hazards before the lease is signed and provide the EPA brochure "Protect Your Family from Lead in Your Home."
7. After moving in, report your new address to USCIS within 10 days. See 10.0 New arrivals: first 30-day checklist.

• According to the New York Attorney General, the lease should include at least the following:
  • the rental property
  • the names and addresses of the parties
  • the rent amount and payment dates
  • the lease term
  • terms of use and the rights and obligations of the parties
• Both parties should initial and approve changes to the lease.
• The lease should be written in clear, understandable language and legible type.
• A provision that waives the warranty of habitability is invalid.
• In New York, an oral lease for more than one year cannot be enforced in court. Make a written lease.
• Late payment (New York): Rent is considered late if it arrives more than 5 days after the due date. The late fee may be no more than $50 or 5% of the monthly rent, whichever is less.
• Rent increases and renewal (New York, apartments without rent control): If the landlord will increase the rent by more than 5% or will not renew the lease, they must provide written notice:
  • if you have lived there for less than 1 year: 30 days in advance
  • if you have lived there for 1–2 years: 60 days in advance
  • if you have lived there for 2 years or more, or have a 2-year lease: 90 days in advance
• In New York City, rent-stabilized apartments also have renewal rights and limits on increases. You can ask the state's housing agency (DHCR) about the status of the apartment.

• New York
  • The security deposit may be no more than 1 month's rent. Because of this limit, the landlord also cannot demand the last month's rent in addition to the deposit.
  • In buildings with 6 or more apartments, the deposit is placed in an interest-bearing bank account in New York; the landlord may keep interest equal to 1% of the deposit as an administrative expense, and the rest belongs to you.
  • The deposit is returned within 14 days after you move out. If there are deductions, an itemized statement must be provided within 14 days; if it is not provided, the entire deposit must be returned.
  • Before moving out, you may request an inspection from the landlord; you may attend the inspection and have an opportunity to correct deficiencies.
  • If the landlord intentionally violates the law, you may recover damages of up to twice the deposit.
  • These return rules apply to apartments without rent control.
• New Jersey
  • The security deposit may be no more than 1.5 months' rent. Advance payments such as the last month's rent are also included in this limit.
  • An annual increase in the deposit may not exceed 10% of the existing deposit.
  • The deposit is held in an interest-bearing account.
  • Within 30 days after the lease ends, the deposit is returned with interest, minus deductions. An itemized list of deductions is sent by certified mail.
  • If it is not returned, you may sue for twice the amount wrongfully withheld.
• Florida
  • The landlord must notify you in writing where the deposit is being held, either in the lease or within 30 days after receiving the deposit.
  • If no deductions will be made, the landlord returns the deposit within 15 days after the lease ends.
  • If deductions will be made, the landlord must notify you by certified mail (or by email under the conditions specified by law) within 30 days. If you do not object to the notice within 15 days, the landlord makes the deductions and sends you the remainder.
• Other states, including California, Texas, and Illinois: Rules differ. Check with your state's attorney general or housing agency.

• Federal prohibition of discrimination: The Fair Housing Act prohibits housing discrimination based on race, color, religion, sex, national origin, familial status, and disability. National origin means the country where you were born or the country where your ancestors came from.
• New York: Marital status, age, and other characteristics are also protected. In New York City, discrimination based on immigration status is also prohibited. Statewide, discrimination based on a lawful source of income, including Section 8, is prohibited.
• New Jersey: Many characteristics are protected, including national origin, ancestry, nationality, and lawful source of income.
• Warranty of habitability (New York): You have the right to an habitable, safe, and clean apartment. Failure to provide regular heat and hot water or failure to address an insect problem violates this warranty.
  • In multiple-dwelling buildings, heating is required from October 1 through May 31. If the outdoor temperature is below 55°F (approximately 13°C) during the day, the apartment must be at least 68°F (approximately 20°C); if the outdoor temperature is below 40°F (approximately 4°C) at night, it must be at least 55°F.
• Landlord entry (New York): The landlord may enter with reasonable advance notice, at a reasonable time, and with your permission. They may enter without permission in emergencies such as a fire or flood.
• Protection against retaliation (New York): A landlord may not retaliate against you for making a good-faith complaint or joining a tenants' association.
• Eviction: In New York, eviction occurs through the courts. Penalties for locking a tenant out have been increased.
• If you believe you have experienced discrimination, the New York guide advises you to contact HUD within 1 year of the incident.

• According to the FTC, warning signs include:
  • Requesting payment only by Western Union or MoneyGram transfer
  • Requesting a gift card or cryptocurrency (these are equivalent to sending cash)
  • Not showing the home, claiming "I am abroad"
  • Pressuring you to make a quick decision
  • Rent that is much lower than other rentals in the area
• Report the scam to local police and the website where the listing appeared. You can also complain at ReportFraud.ftc.gov and to your state attorney general.
• For details, see 12.7 Workplace and rental scams.

• HUD (U.S. Department of Housing and Urban Development) — housing discrimination complaints
  • Phone: +1 800 669 9777 (TTY +1 800 927 9275)
  • Online complaint: HUD complaint page
  • New York Regional Office: Jacob K. Javits Federal Office, 26 Federal Plaza, Suite 3541, New York, NY 10278-0068 · Phone +1 212 264 8000 (TTY +1 212 264 0927)
• New York Attorney General's Office — security deposit and tenant complaints
  • Address: The Capitol, Albany, NY 12224-0341
  • Phone: +1 800 771 7755 · Deaf or hard of hearing: +1 800 788 9898
  • Use the Attorney General's online form for security deposit complaints.
• New York Division of Housing and Community Renewal (DHCR) — rent-stabilized apartments
  • Rent Administration: +1 833 499 0343
  • Office of Fair and Equitable Housing: +1 518 473 3089
• New Jersey Department of Community Affairs (DCA), Division of Housing and Community Resources — Truth in Renting guide
  • Address: 101 South Broad Street, PO Box 806, Trenton, NJ 08625-0806
• Other states: USA.gov list of state attorneys general

• Sending a deposit or rent before seeing the home.
• Signing without reading the lease or putting changes in writing.
• Failing to photograph the apartment when moving in and moving out.
• Agreeing to pay more than one month's rent as a deposit in New York.
• Forgetting to request a free report from the reporting company named in the rejection letter.
• Ignoring court documents.

• I have no credit history. Can I rent a home? The landlord may consider your income and credit history. To build a credit history, see 10.2.
• What if the landlord refuses to rent to me because I am Turkish? Discrimination based on national origin is prohibited by federal law. You can file a complaint with HUD within 1 year.
• How much can an application fee be in New York? No more than $20 for a credit and background check.
• When will my deposit be returned? Within 14 days in New York and 30 days in New Jersey. In Florida, within 15 days if there are no deductions.
• Can the landlord enter the apartment without notice? In New York, the landlord generally must give reasonable advance notice; emergencies such as fire or flooding are exceptions.
• Will I be evicted immediately if I cannot pay my rent? In New York, eviction occurs through the courts. Be sure to respond to court documents and consult an attorney.

• New York – Tenant rights guide (PDF)
• New York – Tenant rights guide (online)
• New Jersey – Truth in Renting guide (PDF)
• Florida Statute 83.49 – security deposits
• HUD – Housing discrimination complaint
• FTC – Rental listing scams
• CFPB – List of credit reporting companies
• USA.gov – State attorneys general
• Related: 16.4 SSI, TANF, and housing assistance · 12.8 Consumer rights: complaint options