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Lease Agreements

A lease agreement is a legally binding contract between a landlord and a tenant that outlines the terms and conditions for renting a residential or commercial property. It establishes the rights and responsibilities of both parties, including the length of the lease, the amount of rent, payment due dates, security deposits, maintenance responsibilities, and rules regarding the use of the property. By clearly defining these terms, a lease agreement helps prevent misunderstandings and provides legal protection for both the landlord and the tenant throughout the duration of the rental period.

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Standard Lease

Standard Lease

By Type

Residential 

Residential Lease Agreements

Commercial 

Commercial Lease

Month to Month

Month to Month Lease Agreement

1 Page 

1 Page

Renewal 

Renewal

Extension

Extension

Sub Lease

Sub Lease

Land

Land

Parking

parking

How to Make a Lease Agreement Step-By-Step

  • Confirm your jurisdiction’s rules: deposit caps, grace periods, late-fee limits, notice to enter, required disclosures, rent control, local licensing/registration.

  • Know your property type: single-family vs. multifamily, condo/HOA rules, furnished vs. unfurnished, short-term vs. long-term.

  • Decide the lease type: fixed term (e.g., 12 months) or month-to-month (renewable, flexible, usually higher risk of turnover).

Pro tip: Create a 1-page “State Rules Snapshot” with: deposit limit, late-fee rules, return-of-deposit timeline, entry notice, required disclosures.

2) Identify the parties (exactly)

  • Landlord/Owner: legal name (or LLC name), mailing address, email/phone.

  • Property Manager/Agent: if applicable, include contact info and authority to act.

  • Tenants: legal names of all adult occupants who are contractually responsible.

  • Co-signer/Guarantor: if needed, attach a separate guaranty and verify identity/income.

3) Define the premises precisely

  • Street address, unit number, parking spot(s), storage, and common areas.

  • Included items: appliances, fixtures, furniture (if any).

  • Condition report: attach a Move-In/Move-Out Checklist with photos; have tenants initial it.

4) Set the term, possession, and renewals

  • Start and end dates (fixed term) or start date + month-to-month.

  • Possession: clarify key handoff date/time and what triggers it (cleared funds, signed lease, utilities in tenant’s name).

  • Holdover: define the rent premium (e.g., 150% of monthly rent) or auto-convert to month-to-month.

  • Renewal: state how notice works (e.g., 60 days) and whether rent may be adjusted at renewal.

5) Rent economics (make this crystal clear)

  • Amount & due date (e.g., “$1,950 due on the 1st of each month”).

  • Where/how to pay (portal, ACH, check—discourage cash).

  • Grace period (if allowed) and late fee structure that complies with state law.

  • Returned payment fee (NSF).

  • Proration for partial first/last months.

  • Escalations: fixed increases or CPI-based (ensure legality/clarity).

Example clause (generic – adjust to your state):

Monthly rent of $____ is due on the 1st. If not received by 11:59 PM on the 3rd, a late fee of $____ or __% (whichever is less permitted by law) applies. Returned payments incur a $____ fee.

6) Deposits, fees, and prepaid amounts

  • Security deposit: amount (within legal cap), where it’s held, interest (if required), itemized deductions, and return timeline.

  • Other amounts: pet deposit/fee, last month’s rent, cleaning fee (note: “non-refundable fees” are restricted in some states).

  • Documentation: provide a receipt and the bank/escrow details if your state requires it.

7) Utilities & services

  • Who pays for electric, gas, water/sewer, trash, internet/cable?

  • Submetered vs. ratio billing (RUBS)—disclose the method and sample calculation.

  • Landscaping, snow, pest control: assign responsibility and service levels.

8) Maintenance, repairs, and habitability

  • Landlord duties: structural, systems, habitability standards.

  • Tenant duties: routine upkeep (filters, bulbs, drains), prompt reporting of issues, no unapproved alterations.

  • Repair timelines and emergency procedures (24/7 line).

  • Mold/moisture: reporting obligations and mitigation steps.

  • Pests: define when tenant vs. landlord is responsible.

9) Use rules and house policies

  • Occupancy limits and “guests vs. residents.”

  • Illegal activity, nuisance, quiet enjoyment.

  • Smoking/vaping/cannabis policy (and where).

  • Pets: allowed? size/breed limits? pet rent/deposit?

    Note: Assistance animals are not “pets” under fair housing rules.

  • Short-term rentals & subletting: usually prohibited without written consent.

  • Parking: spaces, towing, EV charging rules.

  • HOA/Community rules: attach and incorporate by reference.

10) Landlord entry & showings

  • Advance notice required (e.g., 24–48 hours where allowed) and valid reasons (repairs, inspections, showings).

  • Emergencies: entry without notice.

  • Showings near end of term: set reasonable windows and notice method.

11) Disclosures & required attachments

  • Federal: Lead-Based Paint Disclosure + EPA pamphlet for pre-1978 properties.

  • State/Local (examples): bedbug, radon, flood risk, meth contamination, mold, smoke/CO detectors, landlord/agent contact info, rent control rights, utility allocation method, seismic risks, registered rental certificate, etc.

  • Addenda commonly attached:

    • Pet Addendum

    • Smoking Addendum

    • Parking Addendum

    • Pool/Hot Tub Rules

    • Renter’s Insurance Requirement

    • Appliance List

    • Move-In/Move-Out Checklist

    • HOA/Condo Rules

12) Insurance & risk allocation

  • Require renter’s insurance (typical: $100k–$300k liability) and proof before move-in.

  • Clarify that the landlord isn’t responsible for tenant personal property.

  • Outline indemnification and any subrogation waivers (use state-safe language).

13) Defaults, remedies, and early termination

  • Nonpayment and breach procedures: notice to cure, timeline, and when termination/eviction may occur.

  • Early termination options: reletting fee or liquidated damages (only if enforceable in your state), military clause (SCRA), domestic violence protections, job relocation, etc.

  • Abandonment: define it and the process for handling property left behind (follow state statute).

14) Communication, notices, and digital execution

  • Where notices go (addresses, emails if allowed).

  • E-signatures: explicitly authorize electronic signatures and digital delivery of copies.

  • Change of terms (for month-to-month): specify notice period and method.

15) Sign, collect funds, and deliver possession

  • Confirm identity of all signers.

  • Collect first month’s rent + deposit(s) in cleared funds per your policy.

  • Exchange keys/fobs/garage remotes against a signed Key Receipt.

  • Conduct a move-in walkthrough with the checklist and photos.

16) Record-keeping and compliance

  • Store a fully executed copy (PDF), payment ledger, inspection reports, notices, and communication logs.

  • If required, maintain deposits in a trust/escrow account.

  • Track deadlines: renewal notices, annual inspections, deposit return timelines.

17) Manage renewals and move-outs

  • Renewal decision: send notices on time (e.g., 60 days).

  • For move-out: give a pre-move-out checklist, schedule inspection with the tenant, document condition, itemize deductions, and return deposit within the statutory deadline.

Common mistakes to avoid

  • Vague or illegal late-fee clauses.

  • Exceeding deposit caps or mixing deposits with operating funds.  

  • Missing required disclosures.

  • Failing to list every adult occupant as a tenant.

  • Not attaching the move-in condition checklist.

  • Allowing keys before funds clear or before insurance proof is received.

Review State by State Landlord Tenant Lease Agreements Laws

Review the State by State Landlord Tenant Laws to check the requirements for your area