48. Leases and Rental Agreements
When an individual agrees to rent or lease real estate property the tenant signs either a lease or a rental agreement with the owner of the property outlining the terms of the agreement. The difference between rentals and leases is that the terms of leases are generally for at least one year, though lease payments are usually paid by the month. Terms for rentals are generally month-to-month, although they are occasionally paid on a weekly term. Virtually all states recognize that at the end of a lease, the term converts to a month-to-month rental unless a new lease is signed and the landlord continues to accept monthly payments.
Many states have imposed limits on the size of security deposits safeguarding against damage to the property that may be collected by landlords. The highest deposit stated in a statute is three months’ rent for a furnished property, but generally the limit is one month’s rent. A number of states require landlords holding deposits to add interest when it is returned. Landlords are also required by most states to itemize any deductions taken from deposits and return them within set time periods after the lease is terminated.
Most states have statutes limiting discrimination by landlords. Under these statutes, landlords are prohibited from not renting to certain classes of people, for example, those with young children and pets. New classes are also finding their way into the law books. Since 1993 several states have added sexual orientation, familial status, and national origin to the list of prohibited bases for discrimination by landlords. State legislatures generally ensure equal access to housing to the broadest range of citizens.
| Table 48: Leases and Rental Agreements |
|---|
| State | Code Section | Terms of Leases | Deposits | Discrimination | Uniform Residential Landlord & Tenant Act Adopted? |
|---|
| ALABAMA | 24-8-4; 24-8-7; 35-9-4 | Renting for an unspecified term is presumed to be for the length of time used to estimate the rental amount, in absence of agreement respecting length of time for rent, renting is presumed to be monthly | | No discrimination on basis of race, color, religion, sex, familial status, national origin; municipal corporations may zone/regulate as to different classes of inhabitants, but not to discriminate against or favor any class of inhabitants; housing for older persons exempted | No |
| ALASKA | 18.80.210; 34.03.020, 070, 290 | Unless otherwise agreed, rent is payable monthly and shall be term of month-to-month | Limit of 2 months rent (unless rent exceeds $2,000/month), interest on deposit not required; deposit must be returned within 14 days of termination if terminate under §§34.03.290, otherwise 30 days | No discrimination on basis of sex, physical/mental disability, marital status, changes in marital status, pregnancy, parenthood, race, religion, color, national origin | Yes |
| ARIZONA | 9-462.01(A) (11); 33-303, 342, 1321; 41-1491.14 | Lease does not automatically renew but is converted into a tenancy from month-to-month | Limit 1½ months’ rent; interest on deposit not required; deposit must be returned within 14 days of termination | No discrimination on basis of race, color, religion, sex, familial status, national origin; any municipality may establish age-specific community zoning and may restrict residency to head of household or spouse of specific age or older and prohibit minors; housing for older persons exempted | Yes |
| ARKANSAS | 18-16-304, 305 | When rent accepted by a landlord of a holding-over tenant, the term becomes a tenancy from year-to-year. (Jonesboro Trust Co. v. Harbough, 244 S.W. 455, 456 (Ark. 1922)) | Limit of 2 months’ rent; interest on deposit not required; deposit must be returned within 30 days of termination | | No |
| State | Code Section | Terms of Leases | Deposits | Discrimination | Uniform Residential Landlord & Tenant Act Adopted? |
|---|
| CALIFORNIA | C.C. §51.2, 1945, 1950.5; Govt. Code §§12920, 12955 | If tenant remains in possession and landlord accepts rent, parties are presumed to have renewed lease on same terms and for same time, not to exceed 1 year | Limit 2 months rent for unfurnished, 3 months rent for furnished; interest on deposit not required; deposit must be refunded between 21 and 60 days from date of termination | No discrimination based on race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status or disability; special accommodations for senior citizen housing, familial status or disability | No |
| COLORADO | 24-34-502; 38-12-102, et seq. | | Interest on deposit not required; damages subtracted must be itemized and balance returned within 1 month of termination unless otherwise agreed, but never over 60 days. | No discrimination on basis of age, sex, marital status, familial status, handicap, race, religion, creed, color, national origin, but does not prohibit compliance with local zoning ordinance provisions concerning residential restrictions on marital status | No |
| CONNECTICUT | 46a-64c; 47a-3d; 47a-21 | Holdover not evidence of a new lease; converts to month-to-month | Tenant under age of 62: limit 2 months rent; tenant over 62: limit 1 month rent; interest on deposit required; deposit must be refunded within 30 days or within 15 days of receiving tenant’s forwarding address | No discrimination on basis of race, creed, color, national origin, ancestry, sex, marital status, age, lawful source of income, familial status; may refuse to rent to people not blood related who are not married; public or private programs allowed to assist persons over 64 as long as there is no discrimination on basis of age among those eligible | No |
| DELAWARE | Tit. 6 §4603; 25 §5514 | Tenant remains in possession and landlord accepts rent, creation of new tenancy from year-to-year is inferred (Makin v. Mack, 336 A.2d 230 (1975) | Limit 1 month rent; interest on deposit not required; deposit must be returned within 20 days of termination; if deposit not returned within 30 days, tenant entitled to double the amount of security deposit | No discrimination on basis of race, age, marital status, creed, color, sex, handicap, national origin | No |
| State | Code Section | Terms of Leases | Deposits | Discrimination | Uniform Residential Landlord & Tenant Act Adopted? |
|---|
| DISTRICT OF COLUMBIA | 42-3505.05, 2-1401.01 42-3502.09,.17 | Receipt of rent for new term or part thereof amounts to waiver of landlord’s right to demand possession) Shapiro v. Christopher, 195 F.2d 785 (D.C. Cir. 1952); Byrne v. Mor rison, 25 App. D.C. 72 (1905)) | Interest on deposit required at 5% annually for all deposits after 2/20/76, only for deposit on tenancy for 12 months or more; deposit returned within 45 days of termination | No discrimination on basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, gender identity or expression, genetic information, physical handicap, matriculation, political affiliation, source of income, place of residence or business; also illegal to discriminate against families receiving or eligible to receive Tenant Assistance Program assistance | No |
| FLORIDA | 83.04, 49; 760.23 | Mere payment of rent is not construed as a renewal for the term; but if tenant holding over does so with written consent of landlord then it becomes a tenancy at will; otherwise tenancy at sufferance | No limits on deposits; landlord may elect to (1) put deposit in non-interest bearing account; (2) hold in interest bearing account at either 75% of average rate or 5%; or (3) post a surety bond and pay tenant interest at 5%; landlord must tell tenant in 30 days which he’s doing; must return deposit within 15 days | No discrimination on basis of race, color, national origin, sex, familial status, handicap, or religion; same as Fair Housing Act | Yes |
| GEORGIA | 8-3-201, 202; 44-7-31 | Rent accepted after expiration of 1 year lease implies renewal of lease for another year (Allen v. Montgomery, 105 S.E. 33) | Deposit must be deposited in escrow account and held in trust for tenant; any damages subtracted must be itemized and deposit must be returned within 30 days of termination | No discrimination on basis of race, color, religion, sex, handicap, familial status, or national origin; allowable housing for “older people” included in statutes | No |
| State | Code Section | Terms of Leases | Deposits | Discrimination | Uniform Residential Landlord & Tenant Act Adopted? |
|---|
| HAWAII | 515-3, 4; 521-44, 71 | Landlord accepting rent in advance after First 60 days of holdover creates a month-to-month tenancy absent contrary agreement; absence of any agreement makes term equal to that at which the rent is computed; notice to quit must give 25 days | Limit 1 month rent; no interest on deposit required; deposit must be returned within 14 days of termination | No discrimination on basis of HIV infection, race, sex, color, marital status, parental status, age, sexual orientation, ancestry, handicapped status; section regarding parental status does not apply to housing for older persons as defined in 42 USC §3607(b)(2) | Yes |
| IDAHO | 6-321; 67-5909 | Whether landlord waives right to give notice to quit the tenancy is question of intent; intent to waive must clearly appear; each case to be judged on case-by-case basis (Riverside Dev. Co. v. Ritchie, 650 P.2d 657, 663) | No limit on deposit; no interest on deposit required; deposit must be returned within max. of 21 days or within 30 days after surrender of possession by tenant | No discrimination on basis of race, color, religion, sex, national origin, with exceptions | No |
| ILLINOIS | 65 ILCS 5/11-11.1-1; 775 ILCS 5/3-105, 106; 765 ILCS 715/1 | Tenant holds over and landlord receives rent, presumed that new year-to-year tenancy created, absent express intent otherwise. (Demerath v. Schennum, 59 N.E.2d 348) | No limits on deposit; interest required on deposit at minimum deposit passbook savings account interest rate paid by largest commercial bank in the state if held for over 6 months and if lessor owns 25 units or more in one building or complex of buildings | No discrimination on basis of race, color, religion, sex, creed, ancestry, national origin, physical/mental handicap; statute repealed prohibiting discrimination against children; provisions for senior citizen housing | No |
| INDIANA | 22-9.5-3-4; 22-9.5-5-1; 32-31-3-1; et seq. | Holding over from a year tenancy and paying rent creates year-to-year tenancy ( Alleman v. Vink, 62 N.E. 461) | No limits on deposit; interest on deposit not required; any damages subtracted must be itemized and returned within 45 days of termination | No discrimination on basis of race, color, religion, sex, familial status, handicap, or national origin; housing for older persons exempted | No |
| State | Code Section | Terms of Leases | Deposits | Discrimination | Uniform Residential Landlord & Tenant Act Adopted? |
|---|
| IOWA | 562A.9(4); 562A.12; 216.8 | Holding over converts to month-to-month tenancy | Limit 2 months rent; any interest earned on deposit for first 5 years of tenancy is landlord’s property; deposit must be returned within 30 days if given forwarding address | No discrimination on basis of race, color, creed, sex, religion, origin, disability, or family status; housing for older persons exempted | Yes |
| KANSAS | 44-1016; 58-2545; 58-2550 | Holdover converts to month-to-month tenancy | Limit 1 month rent; special rules for pets and furnishings; interest on deposit not required unless renting from municipal housing authority; deposit must be returned within 14 days and not to exceed 30 days along with itemized deductions | No discrimination on basis of race, religion, color, sex, disability, familial status, national origin or ancestry, or an intention to make any such preference, limitation, specification or discrimination; housing for older persons exempted | Yes |
| KENTUCKY | 344.360, 362; 383.565(3), 580 | Holdover converts to month-to-month tenancy | No limit on deposit; interest on deposit not required; landlord must send notice to last known/determinable address that tenant has a refund due; if tenant does not respond within 60 days, it becomes landlord’s property | No discrimination on basis of race, color, religion, national origin, sex, familial status, disability; housing for older persons exempted; landlord may refuse to rent to unmarried couple | Yes |
| LOUISIANA | 9:3251; 51:2602, et seq. | Landlord’s right to eject is waived when he accepts rent from holdover tenant ( Canal Realty & Improvement Co. v. Pailet, 46 So.2d 303 (1950)) | No limit on deposit; interest on deposit not required; deposit must be returned within one month of termination along with an itemized statement | No discrimination on basis of race, color, religion, sex, handicap, familial status, national origin; housing for older persons exempted | No |
| State | Code Section | Terms of Leases | Deposits | Discrimination | Uniform Residential Landlord & Tenant Act Adopted? |
|---|
| MAINE | Tit. 5§4552; 14§6031, et seq. | | Limit 2 months rent; interest on deposit not required; deposit must be returned within 30 days if tenancy at will 21 days | No discrimination on basis of race, color, sex, physical or mental disability, religion, sexual orientation, ancestry, national origin, familial status; housing for older persons exempted. | No |
| MARYLAND | Real Prop. 8-203, 402; MD Code (1957) Art 49B §19,et seq. | Holdover tenancy becomes week-to-week if weekly before and month-to-month in all other cases | Limit 2 months rent; interest on deposit required at 3% simple interest per year; landlord must return deposit within 45 days of termination | No discrimination on basis of race, religion, color, sex, sexual orientation, national origin, marital status, handicap. If owner maintains personal residence in dwelling which has 5 or less units, owner may discriminate on sex or marital status. May rent to elderly exclusively only if dwelling planned specifically for specified age group | No |
| MASSACHUSETTS | Ch. 151B §4; Ch. 186 §15B | Payment and acceptance of rent create tenancy at will (Staples v. Collins, 73 N.E.2d 729 (1947)); certain acts/conduct may negate this presumption (Corcoran Management Co., Ins. v. Withers, 513 N.E.2d 218) | Limit 1 month rent; interest on deposit required at 5% from first day of tenancy if landlord has held deposit for one year; deposit must be returned within 30 days | No discrimination on basis of race, religious creed, color, national origin, sex, sexual orientation, age, ancestry, marital status, member of armed forces, handicapped in any multiple dwelling, contiguously located housing accommodations or publicly assisted dwellings | No |
| MICHIGAN | 37.2102; 37.2502; 37.2503; 554.601, et seq. | Holdover converts to year-to-year tenancy (Faraci v. Fassvio, 212 Mich. 216) | Limit 1 ½ months rent; interest on deposit not required; landlord must supply tenant with checklist of all damages upon termination of lease | No discrimination on basis of religion, race, color, national origin, age, sex, height, weight, familial status, marital status. Housing programs for elderly exempted; children may be restricted to certain areas of complex ( Dept. of Civil Rights v. Beznos Co., 421 Mich. 110)) | No |
| State | Code Section | Terms of Leases | Deposits | Discrimination | Uniform Residential Landlord & Tenant Act Adopted? |
|---|
| MINNESOTA | 504B.178; 363A.21, .09; 504B.141 | Period of the shortest interval between times of payment of rent under expired lease shall be implied | No limit on deposit; interest on deposit required at 3-4%; deposit must be returned within 3 weeks of termination; landlord must provide a written statement of damages within 3 weeks of termination | No discrimination on basis of race, color, creed, religion, national origin, sex, marital status, disability, sexual orientation, familial status; housing for older persons exempted; landlords may advertise “adults only” | No |
| MISSISSIPPI | 89-8-19; 21; 43-33-723 | Holdover converts to month-to-month tenancy unless tenant pays weekly | No limit on deposit; interest on deposit not required; deposit must be returned within 45 days of termination | No discrimination on basis of race, religious principles, color, sex, national origin, ancestry, handicap, age, families because of children; housing for older persons exempted | No |
| MISSOURI | 213.040; 441.060; 535.300 | All tenancies not made in writing and signed by parties shall be held as month-to-month | Limit 2 months rent; interest on deposit not required; deposit must be must be returned within 30 days of termination | No discrimination on basis of race, color, religion, national origin, familial status, ancestry, sex, handicap; housing for older persons exempted | No |
| MONTANA | 49-2-305; 70-24-201(2); 70-25-201, et seq. | Holdover converts to month-to-month tenancy unless tenant pays weekly, then week-to-week | No limit on deposit; interest on deposit not required; before any damages are subtracted from deposit, landlord must give tenant an itemized list and provide an opportunity for tenant to clean or fix the problem; deposit must be returned within 10 days of termination | No discrimination on basis of sex, marital status, race, creed, religion, age, familial status, physical/mental handicap, color, national origin; housing for older persons exempted; landlord may discriminate against children in duplex in which owner resides in half | Yes |
| State | Code Section | Terms of Leases | Deposits | Discrimination | Uniform Residential Landlord & Tenant Act Adopted? |
|---|
| NEBRASKA | 18-1724; 76-1414, 76-1416 | Holdover converts to month-to-month tenancy unless tenant pays weekly, then week-to-week | Limit 1 month rent plus ¼ of 1 month rent pet deposit; deposit must be returned within 14 days after demand and designation of location to be mailed | No discrimination on basis of race, color, creed, religion, age, ancestry, sex, marital status, national origin, familial status, handicap or disability | Yes |
| NEVADA | 118A.470; 207.300; 118A.242 | Holdover converts to month-to month tenancy unless tenant pays weekly, then week-to-week | Limit 3 months rent; interest on deposit not required; deposit must be returned within 30 days of termination | No discrimination on basis of race, religious creed, color, national origin, disability, ancestry, familial status, sex | No |
| NEW HAMPSHIRE | 540:1; 540-A:6, 7; 354-A:1, 15 | Every tenancy shall be deemed to be at-will and rent payable on demand absent contrary contract shown | Limit 1 month rent or $100, whichever is greater. Interest on deposit required and must be returned to tenant if he holds the deposit for one year or longer; deposit must be retuned within 30 days | No discrimination on basis of age, sex, race, creed, color, marital status, physical/mental disability, national origin, familial status; retirement communities exempted | No |
| NEW JERSEY | 46:8-10; 46:8-21.1, 2 | Holdover converts to month-to-month tenancy absent agreement to the contrary | Limit 1 ½ months rent; interest on deposit required; any damages subtracted from deposit must be itemized and balance of deposit must be returned within 30 days of termination | No discrimination on basis of race, creed, color, national origin, ancestry, age, disability, marital status, affectionate or sexual orientation, familial status, or sex; retirement communities exempted | No |
| State | Code Section | Terms of Leases | Deposits | Discrimination | Uniform Residential Landlord & Tenant Act Adopted? |
|---|
| NEW MEXICO | 28-1-7(G); 47-8-15, 18, 37 | Holdover converts to month-to-month tenancy unless tenant pays weekly, then week-to-week | If term is under one year, then limit is 1 month rent; interest on deposit required if landlord demands deposit in excess of 1 month rent; deposit must be returned within 30 days of termination or departure, whichever is later | No discrimination on basis of race, religion, color, national origin, ancestry, sex, physical or mental handicap, sexual orientation, spousal affiliation or gender identity | Yes |
| NEW YORK | Real Prop. §§232-C; 236-237; Exec. §296(5)(A); Rent & Evict. Regs. §2105.5; Gen. Oblig. §7-103 | Holdover converts to month-to-month tenancy absent agreement otherwise | Limit 1 month rent; interest on deposit required | No discrimination on basis of race, creed, color, national origin, sex, age, disability, sexual orientation, military status, marital status, familial status; exception for housing accommodations exclusively for those 55 and older or same sex; landlord may discriminate against children in senior citizen housing, 1 or 2 family homes, mobile homes parks for those 55 or older | No |
| NORTH CAROLINA | 41A-4; 41A-6(e); 42-50, et seq. | Landlord may treat tenant as trespasser and eject or may recognize him as tenant with presumption of year-to-year tenancy. (Murrill v. Palmer, 80 S.E. 55); this presumption is rebuttable and will yield to the actual intention of the parties ( Gurtis v. City of Sanford, 197 S.E. 2d 584 (1973) | Limits: week-to-week, 2 weeks rent; month-to-month, 1 ½ months rent; over month-to-month, 2 months rent; interest on deposits not required; deposit must be returned within 30 days of termination | No discrimination on basis of race, religion, color, sex, national origin, handicap, or familial status; housing for older persons exempted. | No |
| State | Code Section | Terms of Leases | Deposits | Discrimination | Uniform Residential Landlord & Tenant Act Adopted? |
|---|
| NORTH DAKOTA | 14-02.4-01, et seq. ; 47-16-06, 07.1 | Lease renews on holdover for same time and terms as previous one but not exceeding one year | Limit 1 month rent; interest on deposit required unless occupancy less than 9 months; deposit must be returned within 30 days | No discrimination on basis of race, color, religion, sex, national origin, age, physical or mental handicap, or status in marriage or public assistance | No |
| OHIO | 4112.02(H); 5321.01, et seq. | Presumption that holdover converts to year-to-year term but it is rebuttable (Bumiller v. Walker, 116 N.E. 797 (1917)) | Interest on deposit required at 5% per year if tenant remains in possession 6 months or more and deposit is greater than $50 or one month’s rent; deposit must be returned within 30 days of termination | No discrimination on basis of race, color, religion, sex, ancestry, handicap, national origin, familial status | No |
| OKLAHOMA | 41 §§35, 115; 25 §1452, 1453 | Parties presumed to have renewed lease for same terms and time, not exceeding 1 year | No limit on deposit; interest on deposit not required; deposit must be returned within 30 days of termination | No discrimination on basis of race, color, religion, gender, national origin, age, familial status, handicap; housing for older persons exempted | No |
| OREGON | 90.20, 300, 427; 659A.421 | Holdover converts to month-to-month tenancy | No limit on deposit; interest on deposit not required; deposit must be returned within 30 days after termination | No discrimination on basis of race, color, sex, marital status, familial status, religion, source of income or national origin; housing for older persons exempted | Yes |
| PENNSYLVANIA | Tit. 43 §955(h) | Holdover converts to same term as original lease if it was for 1 year or less | Limit 2 months rent; interest on deposit required if deposit held over 2 years | No discrimination on basis of race, color, familial status, age, religious creed, ancestry, sex, national origin, handicap, disability; housing for older persons exempted | No |
| State | Code Section | Terms of Leases | Deposits | Discrimination | Uniform Residential Landlord & Tenant Act Adopted? |
|---|
| RHODE ISLAND | 34-18-19, 15; 34-37-2, et seq. | Parties may agree to a term, otherwise month-to-month unless tenant pays weekly, then week-to-week | Limit 1 month rent; interest on deposit not required; deposit must be returned within 20 days of termination | No discrimination on basis of race, color, religion, sex, sexual orientation, marital status, ancestral origin, gender identity or expression, handicap, age or familial status; housing specifically for older persons exempted; landlord may discriminate against children in certain circumstances | Yes |
| SOUTH CAROLINA | 27-40-310; 27-40-410; 31-21-40 | Holdover converts to month-to-month tenancy unless tenant pays weekly, then week-to-week | No limit on deposit; interest on deposit not required; deposit must be returned within 30 days of termination | No discrimination on basis of race, color, religion, sex, familial status, or national origin; housing for older persons exempted; landlord may discriminate against children in single family dwellings and certain other small unit buildings | Yes |
| SOUTH DAKOTA | 20-13-20, et seq. ; 43-32-6.1, 14, 24 | Holdover converts to rental on same terms and same time as original lease | Limit 1 month rent, unless otherwise agreed because special conditions pose a danger to premises maintenance; interest on deposit not required; deposit must be returned within 2 weeks of termination | No discrimination on basis of race, color, creed, religion, sex, ancestry, disability, familial status or national origin; housing for older persons exempted; landlord may discriminate against children in duplexes where one unit is owner-occupied | No |
| TENNESSEE | 66-28-201, 301, 512; 4-21-601, 602 | Holdover converts to month-to-month tenancy or upon agreement, apportionable day-to-day | No limit on deposit; interest on deposit not required | No discrimination on basis of race, color, creed, religion, sex, handicap, familial status, or national origin; housing for older persons exempted | Yes |
| State | Code Section | Terms of Leases | Deposits | Discrimination | Uniform Residential Landlord & Tenant Act Adopted? |
|---|
| TEXAS | Prop. §§92.101, et seq. ; Prop. 301.001, et seq. | Holdover implies an agreement between landlord and tenant; normally lease for 1 year will be implied absent express or implied contrary agreement ( Barragan v. Munoz, 525 S.W. 2d 559 (1975)) | No limit on deposit; interest on deposit required; deposit must be returned within 30 days of termination | No discrimination on basis of race, color, religion, sex, familial status, national origin; housing for older persons exempted | No |
| UTAH | 57-17-1, et seq. ; 57-21-1, et seq. | Holdover tenant is bound to covenants previously agreed to and binding in first term ( Cottonwood Mall Co. v. Sine, 767 P.2d 499, 503.) | No limit on deposit; interest on deposit not required; deposit must be returned within 15 days of termination or 30 days if there is damage to the rented premise | No discrimination on basis of race, color, religion, sex, national origin, familial status, source of income, disability; housing for older persons exempted; no discrimination against children unless in adults-only apartment complex, condo, or other housing not violating federal law | No |
| VERMONT | Tit. 9 §4461; 4503 | Holdover may convert into year-to-year tenancy; result of legal consequence of conduct of parties and does not depend on tenant’s intention ( Malaitty v . Carroll Co., 41 A.2d 144 (Vt. 1945)) | No limit on deposit; interest on deposit not required; deposit must be returned within 14 days of termination or landlord forfeits right to withhold any of it. | No discrimination on basis of race, sex, sexual orientation, age, marital status, religious creed, color, national origin, handicap, recipient of public assistance, or because person intends to occupy with children; housing for older persons exempted | No |
| VIRGINIA | 55-248.15:1; 36-96.3 | Holdover converts to month-to-month or any lesser term | Limit 2 months rent; interest on deposit held longer than 13 months required at rate equal to the Federal Reserve Board discount rate accrued every 6 months; deposit must be returned within 30 days of termination | No discrimination on basis of race, color, religion, national origin, sex, elderliness, or familial status; special provisions for housing for elderly | Yes |
| State | Code Section | Terms of Leases | Deposits | Discrimination | Uniform Residential Landlord & Tenant Act Adopted? |
|---|
| WASHINGTON | 49.60.010; 59.04.010, 020; 59.18.260, et seq. | When term of tenancy is indefinite, period becomes that on which rent is payable | No limit on deposit, but no deposit may be collected unless rental agreement is in writing; interest on deposit not required; deposit must be returned within 14 days of termination | No discrimination on basis of race, creed, color, national origin, sex, marital status, age, families with children, sexual orientation, or any sensory, mental, or physical handicap | No |
| WEST VIRGINIA | 5-11A-5; 37-6-5 | Holdover converts to year-to-year tenancy upon terms of original lease (Allen v. Bartlett, 20 W. Va. 46) | | No discrimination on basis of race, sex, color, religion, ancestry, familial status, blindness, handicap, or national origin; housing for older persons exempted | No |
| WISCONSIN | 106.50; 704.25 | Landlord may elect to hold tenant to month-to-month basis on holdover, unless the lease for weekly or daily rent | | No discrimination on basis of race, sex, color, sexual orientation, disability, religion, national origin, marital status, family status, income source (lawful), age, ancestry; housing for older persons exempted | No |
| WYOMING | 6-9-102; 34-2-128, 129; 1-21-1207, 1208 | Accepting rent on holdover does not imply renewal, constitutes only tenancy by sufferance | No limit on deposit; deposit must be returned within 30 days of termination | No discrimination based on race, color, sex, creed, or national origin | No |
