Laws affecting Housing Costs

Below is a summary of laws enacted in each state to regulate rent. These laws were put in place to protect landlords and tenants. It seems the majority of rental increase is a demand by landlords to keep up with economic inflation. As prices raise landlords increase rent to cover some of the additional cost.

Similar to the way corporations raise prices as minimum wage goes up, landlords raise rent with inflation.

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California: The Tenant Protection Act of 2019 Permits annual rent increases of 5% plus the CPI per year of up to 10%. This means the minimum a landlord can increase the rent every year is 5%. Certain Properties are exempt though, meaning that some landlords can raise the rent as much as they want.

If you do not have a lease or are on a month to month rental program with your landlord then he or she can raise your rent so long as he or she provides written notice of the change but the landlord cannot raise your rent during the initial lease term. AB 1482 is another law in California that was created to provide rental restrictions on multi unit properties that are less than 15 years old.

Oregon: Senate Bill 608 is a state wide rent control law. Landlords are not allowed to raise the rent more than 7% in a year unless the property being rented is less than 15 years old and they must also provide a 30 day notice to tenants before a rental increase. Landlords who violate the law will have to pay tenants for damages and 3 months rent.

Washington: Wa Rev Code 36.10.130 is a law that bans rent control across the state which allows landlords to raise the rent without a cap with a 60 day notice. Although, Washington does follow the Fair Housing Act which makes it illegal for a landlord to raise rent based on race, color, disability, familial status, national origin, or religion.

Idaho: ID Stat. 55-307 is a law that bans rent control across the state which allows landlords to raise rent without a cap with a 30 day notice. Although, the landlord cannot increase rent until a tenants lease has ended.

Nevada: Nv Rev Stat. 118A.300 is a landlord-tenant law that allows landlords to set and increase rent with a 15 to 45 day notice. A Nevada landlord may not increase rent during a lease unless written in the terms of the lease and he or she may increase rent on an at will tenant with proper notice at any time.

Arizona: AZ Rev Stat 33-1329 is a law that bans rent control across the state. Although a landlord cannot increase rent on a tenant until their lease has ended. Rental increases on month to month tenants must be given a 30 day notice and week to week tenants must be given a 10 day notice.

Utah: UT Code 57-20-1 is a law that prohibits rent control across the state. A Utah landlord should provide tenants with a 15 day notice before a rental increase. Although, a Utah landlord may not increase rent on a tenant with a lease until their lease is up unless stated in the lease agreement.

Montana: Montana Code Tit.70 ch.24 is the primary governance of the Montana landlord-tenant law. This state has no rental control. Landlords can set and increase rent however they see fit but some restrictions apply. A Montana landlord cannot increase rent during the term of a lease unless approved by the tenant and must provide 15 days notice for rental increases.

Wyoming: There is no rent control in this state and Wyoming landlord-tenant laws are primarily governed by WY Stat. 1-21. It is recommended that a Wyoming landlord provide tenants with a 30 day notice before rental increases but they can increase rent at any time on a month to month tenant.

Colorado: CO Rev. Stat. 38-12-301 bans rent control throughout the state allowing all landlords to set and increase rent with a 60 day notice but they can only raise rent once every 12 months.

New Mexico: This state prohibits rent control but is primarily governed by NM Stat 47-8A-1. This allows New Mexico landlords to set and increase rent with a minimum 30 day notice but they may not increase rent during a tenants lease.

Texas: TX Property Code Chapter 92 prohibits any kind of policy amounting to rental control. Landlords in Texas can charge whatever they want for rental prices, are not required to give prior notice before raising rent and they can raise the rent however much they want.

Oklahoma: 11 OK Stat 11-14-101 bans rent control throughout the state. Oklahoma landlords can raise rent at any time without notice but it is customary to provide tenants with a 30 day notice.

Kansas: KS Stat 12-16,120 bans rent control throughout the state. Kansas landlords can set and increase rent with a recommended 30 day notice although a 60 day notice is required for mobile home parks and rental increases cannot be imposed during a lease agreement.

Nebraska: There is no rent control in Nebraska but certain restrictions to increase rent do apply. Landlords must provide tenants a 60 day notice of the rent increase or a 30 day notice for at will tenants. Rent increase laws are primarily governed by NE Code 76-1490.

South Dakota: The law bans rent control throughout the state. The regulation of rent is governed by SD Codified L 6-1-13. Landlords don't need to provide a notice but it is customary to provide tenants a 30 day notice before the increase in rent.

North Dakota: No rent control throughout state. Minimum 30 day notice is required. Governed by ND Cent. Code 47-16-02.1.

Minnesota: Rent control in certain cities but banned in the rest of the state. Governed by MN Stat. 471.9996. Must provide 30 day notice.

Iowa: Governed by IA Code 364.3. Bans rent control throughout state. Must provide 30 day notice.

Missouri: Governed by MO. Rev. Stat. 441.043. Bans rent control throughout state. Must provide 30 day notice.

Arkansas: Governed by AR Code 14-16-601. Bans rent control throughout state. 30 day notice provided for month to month tenants.

Louisiana: Governed by LA Rev Stat 9:3258. Bans rent control throughout state. 10 day notice before next month's rent is due.

Mississippi: Governed by MS Code 21-17-5. Bans rent control throughout state. Customary to provide 30 day notice.

Tennessee: Governed by TN Code 66-35-101-103. Bans rent control throughout state. Must provide 30 day notice.

Kentucky: Governed by KY Rev. Stat. 65-.875. Bans rent control throughout state. Customary to provide 30 day notice.

Illinois: Governed by 50 ILCS 825/1. Bans rent control throughout state. Recommended to provide 7 day notice to week to week tenants and 30 day notice to month to month tenants. The Illinois Rent Control Preemption Act prevents local municipalities from enacting, enforcing, or maintaining ordinances controlling the amount of rent that can be charged for private property.

Wisconsin: Governed by WI Stat 66.1015. Bans rent control throughout state. Customary to provide at least a 28 day notice.

Michigan: Governed by MI Comp L 123.411. Bans rent control throughout state. Customary to provide 30 day notice.

Indiana: Governed by IN Code 32-31-1-20. Bans rent control throughout state. Must provide 30 day notice.

Alabama: Governed by AL Code 11-80-8.1. Bans rent control throughout state. Must provide 30 day notice.

Florida: Governed by FL Stat. 125.0103. Bans rent control throughout state. 7 day notice for wk to wk, 15 day notice for month to month, 30 day notice for quarter to quarter and 60 day notice for yr to yr tenants.

Florida legislation will allow local governments to institute rental control measures in the presence of a housing crisis sufficient to create a menace to the public but only after approved by a public vote by the county, municipality, or governing entity issuing the measure and will automatically expire within one year. The expiring ordinance may not be extended, but may be replaced by a new ordinance that meets all of the required elements of the original ordinance. However proof of a housing crisis is required.

Georgia: According to GA Code Title 44 Ch. 7 leases and rental agreements can be oral, written, or implied. No rent control. Landlord is required to provide a 60 day notice for an eviction while a tenant must provide a 30 day notice. Landlords can increase rent for whatever reason whenever they want without notice.

South Carolina: Governed by SC Code 27-39-60. Bans rent control throughout state. Customary to provide 30 day notice.

North Carolina: Governed by NC Stat. 42-14.1. Bans rent control throughout state. No notice required for a month to month tenant. 7 day notice for eviction.

Virginia: Governed by VA Code 55.1-1258. No rent control. Customary to provide 30 day notice.

West Virginia: Governed by WV Code 37-6. No rent control. Customary to provide 30 day notice.

Ohio: Governed by OH Rev. Code 5321. No rent control. Customary to provide 30 day notice

Pennsylvania: Governed by 68 PA Cons. Stat. Ann. 250.511. No rent control. Landlords are required to provide a 60 day notice to tenants renting for a year or more and a 30 day notice to tenants who are renting for less than a yr.

Maryland: Maryland landlord-tenant law is primarily governed by Maryland code 8-201 to 217. There is no state wide rent control but cities and counties have enacted some. In Takoma park Maryland landlords have to give 60 day notice before a rent increase and in Montgomery county they are required to give 90 day notice.

Delaware: Governed by 25 Del.code 53. There is no legislature regarding rent control in Delaware but Delaware landlords can only raise rent on tenants in a lease agreement at the end of a lease. They can raise rent at any time on month to month tenants as long as they give a 60 day notice and rent can only be raised once within a 12 month period.

New Jersey: There are no state wide rent control laws in New jersey but municipalities within the state have rent control ordinances which are governed by NJ Rev Stat 2A:42 84.2 It is illegal to raise rent in New jersey if the rent is higher than the legal rent set by the rent control ordinances. Also a New Jersey land lord cannot raise rent during the term of tenant's lease. Lastly they must allow a 30 day notice for a rent increase.

New York: The regulation of rent in New York is governed by NY Real Prop. 226-c and by The Division of Housing and Community Renewal. Once a year New York establishes the maximum rent can be increased. Rental increase in New York has many factors including Rental history, Apartment improvements, number of units and Major Capital improvements.

Connecticut: Rent control across the state is banned by CGA 7-148b. There is no notice requirement for raising rent in Connecticut and there is no rent increase limit but a Connecticut landlord may not increase rent during the terms of a lease.

Rhode Island: Rhode Island's rent increase law is governed by RI Gen L 34-18-16.1. There is no limit to the rent increase and a Rhode Island landlord can raise the rent on an at will tenant as long as they provide a 30 day notice or a 60 day notice for tenants 62 years of age or older.

Massachusetts: MA Gen L. ch.40p bans rent control across the state. A Massachusetts landlord may not increase rent during the terms of the lease unless the lease has a tax escalator clause. There is no limit to rental increases and Massachusetts landlords can increase rent on at will tenants at any time as long as they provide them a 30 day notice.

Vermont: There are no rent control laws in Vermont but rental increases are governed by 9 V.S.A 4455. Vermont landlords must wait until the end of a lease to increase rent and they must provide a 60 day notice.

New Hampshire: Rent in New Hampshire is primarily governed by 121 N.H. 268 which bans rent control throughout the state. Rent may not be increased during the terms of a lease and at will tenants may have rent increased at any time as long as they receive a 30 day notice.

Maine: Certain cities in Maine allow for rent control in accordance will rent control ordinances. No Maine landlord may increase rent during the terms of a lease but may increase rent for at will tenants with 45 day notice. Some cities have different notice times such as 75 days for Portland, Maine.

Alaska: Alaska landlords may increase the rent for any non lease tenants by any amount without notice. Month to month tenants must be given 30 days notice.

Hawaii: Hawaii landlords can only increase rent for month to month tenants if given a 45 day notice and after the lease has ended but at will tenants can have rent increased with only a 15 day notice. There are other stipulations for increases in rent such as a substantial increase in operating cost or taxes or the landlord has completed a capital improvement.