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 Home > Research > LLC > Applicability of Landlord Tenant Law .....

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Applicability of Landlord
Tenant Laws in
The United States.

Each of the jurisdictions in this country have some sort of landlord-tenant laws on the books. Some of these mandate that that state's law must apply to a residential lease and/or a commercial lease. Others allow the parties to certain leases to "opt-out" of that state's laws and choose the law of another state to control the obligations of the contract. Some states specifically allow for an opt-out, while others have no statute concerning the territorial applicability of their landlord-tenant laws, and thus the ability to choose another state's law is implied.

In the following chart, the term "state law" next to a state means that the landlord-tenant law of that state must be used. The phrase "may opt-out" indicates that the parties are free to make a choice of law to control their contract, so long as the general requirements for choice of law (previously analyzed) are met.

STATE
COMMERCIAL
RESIDENTIAL
Alabama May opt-out May opt-out
Alaska State Law State Law
Arizona State Law State Law
Arkansas May opt-out May opt-out
California State Law State Law
Colorado May opt-out May opt-out
Connecticut State Law State Law
Delaware State Law State Law
D.C. May opt-out May opt-out
Florida State Law State Law
Georgia May opt-out May opt-out
Hawaii State Law State Law
Idaho State Law State Law
Illinois State Law State Law
Indiana May opt-out May opt-out
Iowa State Law State Law
Kentucky May opt-out May opt-out
Louisiana May opt-out May opt-out
Maine State Law State Law
Maryland May opt-out May opt-out
Massachusetts May opt-out May opt-out
Michigan State Law State Law
Minnesota State Law State Law
Mississippi May opt-out State Law
Missouri May opt-out May opt-out
Montana May opt-out State Law
Nebraska State Law State Law
Nevada May opt-out State Law
New Hampshire May opt-out May opt-out
New Jersey May opt-out May opt-out
New Mexico May opt-out State Law
New York May opt-out May opt-out
North Carolina State Law State Law
North Dakota May opt-out May opt-out
Ohio State Law State Law
Oklahoma State Law State Law
Oregon May opt-out State Law
Pennsylvania May opt-out May opt-out
Rhode Island*    
South Carolina May opt-out State Law
South Dakota May opt-out May opt-out
Tennessee May opt-out State Law
Texas May opt-out State Law
Utah May opt-out May opt-out
Vermont May opt-out May opt-out
Virginia May opt-out May opt-out
Washington Washington State Law
West Virginia May opt-out May opt-out
Wisconsin May opt-out State Law
Wyoming May opt-out May opt-out

* Statutes not available


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