Lease Agreement Template

A good residential lease names every party, sets the term, rent, due date and deposit, says who handles utilities and repairs, sets rules for entry, pets, subletting and renewal, and attaches every disclosure the law requires, including the federal lead-based paint disclosure for most pre-1978 homes. The clauses below are a checklist of what to cover. They are not a finished lease: state and local law decides which terms are enforceable, so have the final document reviewed by a landlord-tenant attorney where the property is located.

The lease clause checklist at a glance

Use this table to check a draft lease or a form you’ve been given. Each row is explained in more detail below.

Clause by clause: the core terms

1. Parties, occupants and notice addresses

List the owner (or the LLC that owns the property) and any managing agent, and every adult who will live there. Adults who live in the unit should sign the lease. If one roommate stops paying, a lease signed by all adults generally lets you look to any of them for the full rent, although how that works depends on state law. Name minor children as occupants only if you want an occupant list; never ask about or treat applicants differently because they have children, since familial status is a protected class under the federal Fair Housing Act. Include an address where each side can deliver legal notices, and say whether email notice is acceptable (some notices, such as termination notices, may have statutory delivery rules).

2. Term

State the start date and either an end date (fixed term) or that the tenancy is month-to-month. Say what happens when a fixed term ends: does it convert to month-to-month, renew for another term, or end? Automatic renewal clauses are regulated in some states, which may require you to remind the tenant before the clause takes effect.

3. Rent, due date and payment

Give the monthly amount, the due date, where and how to pay, and what payment methods you accept. Spell out proration if the tenancy starts mid-month. If the property is subject to rent stabilization or a local rent cap, the lease must comply with it. Our rent increase templates and guide to raising rent cover how increases work later in the tenancy.

4. Late fees, subject to state limits

A late fee has to be in the lease to be collectible in most places, and many states regulate the amount and timing. Two examples, checked against the statute text:

• New York, Real Property Law § 238-a(2): no late fee unless rent is unpaid more than five days after it was due, and the fee may not exceed $50 or 5% of the monthly rent, whichever is less. A lease clause waiving this is void.
• Texas, Property Code § 92.019: the fee must be in a written lease, must be reasonable, and can be charged only once rent has stayed unpaid two full days after the due date. A fee is treated as reasonable if it is no more than 12% of monthly rent for a building with four or fewer units, or 10% for a building with more than four. Violations carry a statutory penalty.

Other states set percentage caps, require a grace period, or simply require the fee to be reasonable. Look up your state statute and any local ordinance before choosing a number. A fee that exceeds the cap can expose you to penalties and may be unenforceable.

5. Security deposit

State the amount, where it will be held if your state regulates that, what it may be used for (unpaid rent, damage beyond normal wear and tear, and other items permitted by statute), and how and when it will be returned. States set maximum amounts, holding and interest rules, itemization requirements and return deadlines, and penalties for missing them can be several times the deposit. Use the security deposit calculator, our security deposit interest guide, and a documented move-in and move-out inspection to support any deductions.

6. Utilities and services

List each utility (electric, gas, water, sewer, trash, internet) and who pays it. If units share a meter, explain how costs are split; some states restrict billing tenants for shared utilities. Say who is responsible for lawn care and snow removal at a single-family rental.

7. Maintenance and repair responsibilities

Explain how tenants report problems, give an emergency contact, and list reasonable tenant duties such as replacing light bulbs, keeping drains clear and reporting leaks promptly. Most states impose a warranty of habitability that the landlord cannot waive by contract, so a clause making the tenant responsible for all repairs is likely unenforceable. A maintenance checklist and a clear maintenance priority guide help set expectations.

8. Landlord entry

State the notice you will give, the purposes for entry and the times you will enter, plus the emergency exception. Many states set these rules by statute. Examples: Florida Statutes § 83.53 treats at least 24 hours’ notice as reasonable for repairs, with entry between 7:30 a.m. and 8:00 p.m.; California Civil Code § 1954 requires reasonable written notice, presumes 24 hours is reasonable (six days if mailed), and limits non-emergency entry to normal business hours unless the tenant consents. Your lease should match or exceed your state’s rule.

9. Pets and assistance animals

Say whether pets are allowed, any limits on number or type, and any pet deposit or pet rent. In some states a pet deposit counts toward the overall deposit cap. Separately, describe how a tenant can request a disability-related accommodation, including for an assistance animal.

The federal rules here have shifted. The Fair Housing Act requires reasonable accommodations in rules and policies when needed for a person with a disability, and HUD’s regulation at 24 CFR § 100.204(b) gives waiving a no-pets policy for a blind tenant’s guide dog as an example. In a May 22, 2026 memorandum, HUD’s Office of Fair Housing and Equal Opportunity confirmed it had rescinded its 2020 assistance animal notice (which said fees and deposits could not be charged for emotional support animals) and said it would find cause mainly in cases involving animals trained to perform disability-related tasks. The same memo notes that people can still sue in federal or state court, and many state and local fair housing laws are broader than federal law. Our practical advice: keep a written, consistent process, respond to each request individually, don’t charge a fee for a trained service animal, and get local legal advice before denying a request or charging fees for any assistance animal. The fair housing cheat sheet covers the basics.

10. Subletting and assignment

Say whether the tenant may sublet or assign the lease and whether your prior written consent is required. Without a clause, state default rules apply. Some states and cities give tenants a right to sublet in certain buildings, or require landlords not to refuse consent unreasonably. Prohibiting short-term rentals of the unit (for example, through vacation rental sites) belongs here too.

11. Renewal and termination

Cover how either side gives notice not to renew, any early termination option and fee, what happens if a tenant abandons the unit, and the move-out process. Some protections apply regardless of what the lease says: the federal Servicemembers Civil Relief Act lets qualifying service members end certain leases early, and many states let survivors of domestic violence terminate early. Some cities and states require a stated legal reason (“just cause”) to end or not renew a tenancy. Eviction must always follow the court process; self-help lockouts and utility shut-offs are illegal in most states.

Required federal disclosures: lead-based paint

If the home was built before 1978, the federal lead-based paint disclosure rule almost certainly applies. It is issued jointly by EPA and HUD under section 1018 of Title X, and the leasing requirements are in 40 CFR Part 745, Subpart F . Before the tenant is obligated under the lease, the landlord must:

• Give the tenant the EPA-approved pamphlet Protect Your Family From Lead in Your Home.
• Disclose any known lead-based paint or lead-based paint hazards in the unit.
• Provide any available records or reports about lead-based paint or hazards, including for common areas.
• Include, in the lease or as an attachment, the required Lead Warning Statement, the landlord’s disclosure, a list of records provided, the tenant’s signed acknowledgment of receipt, and signatures and dates (plus an agent’s statement if an agent is involved).

According to EPA and the regulation, the rule does not apply to housing built after 1977; zero-bedroom units such as studios (unless a child under six lives or is expected to live there); leases of 100 days or less where no renewal or extension can occur; housing for the elderly or persons with disabilities (same child exception); and housing a certified inspector has found free of lead-based paint. Renewals are exempt if you already made a full disclosure and have no new information. The landlord and any agent must keep the signed disclosure for at least 3 years from the start of the lease. EPA posts sample disclosure forms; use them rather than writing your own.

Your state or city may require other disclosures, such as mold, bedbugs, flood zone, smoking policy, the identity of the owner or manager, or where the deposit is held. Check the state legal guides and your city’s housing department.

Fixed-term vs. month-to-month leases

Fixed-term leases (usually 6 or 12 months) give both sides certainty. The rent is set for the term, the tenant can’t leave early without consequences, and you generally can’t raise rent or change terms mid-lease unless the lease allows it. Fewer turnovers usually mean less vacancy and fewer cleaning and marketing costs.

Month-to-month agreements renew every month until someone gives proper notice. They give you flexibility to change rent or terms with notice, or to end the tenancy if you plan to sell, renovate or move back in. Florida, for example, requires at least 30 days’ notice before the end of a monthly period to end a month-to-month tenancy (Fla. Stat. § 83.57). Other states use different periods, some lengthen notice for longer tenancies, and some cities require just cause even for month-to-month tenants.

If you might sell within the next year, think about the lease type now. A tenant in place on a fixed-term lease usually stays through the term after a sale, which can narrow your pool of buyers to investors. If you are weighing a sale, the keep-or-sell rental property calculator can help you decide before you sign a new long lease.

How state law changes the lease

Most landlord-tenant law is state law, and big cities often layer on their own rules. Areas that commonly vary include deposit caps and return deadlines, late fee limits, entry notice, notice to terminate, rent regulation, required disclosures, whether the landlord or tenant handles certain repairs, and eviction procedure. Before you finalize a lease, read the guide for your state:

• California landlord-tenant guide
• Florida landlord-tenant guide
• Illinois landlord-tenant guide
• New York landlord-tenant guide
• Texas landlord-tenant guide

For other states, start at the state legal guides hub and then read your state’s statute directly. Our landlord-tenant law overview explains the main concepts.

Common mistakes and unenforceable clauses

Clauses like these appear in many online forms and are void or risky in many states:

• Waiving habitability or all repairs. Tenants generally cannot waive the landlord’s duty to keep the unit habitable.
• Non-refundable “deposits.” Many states treat any refundable-sounding charge as a security deposit subject to the statutory rules.
• Late fees above the state cap or charged before a statutory grace period ends.
• Entry “at any time.” Most states require notice except in emergencies.
• Waiving the tenant’s right to notice or a court hearing before eviction, or allowing lockouts.
• Blanket liability waivers excusing the landlord from its own negligence.
• Clauses that conflict with fair housing law, such as limits on children, rules that apply only to certain groups, or a flat refusal to consider accommodation requests.
• Missing the lead disclosure on a pre-1978 property.
• Copying a lease from another state, which can import the wrong notice periods, deposit rules and disclosures.

A void clause can backfire. Some statutes impose penalties just for including a prohibited term, and a court that sees several unenforceable clauses may read the rest of the lease against you. Review your lease with an attorney at least every couple of years, because statutes change.

Signing and recordkeeping

1. Screen consistently first. Apply the same written criteria to every applicant; see the tenant screening checklist.
2. Send the draft in advance so the tenant can read it, and answer questions in writing.
3. Deliver required disclosures before signing, including the lead pamphlet and form for pre-1978 housing.
4. Collect signatures from every adult, with initials on each addendum. Electronic signatures are generally valid under the federal E-SIGN Act and state laws, but check for exceptions in your state.
5. Collect funds by traceable payment and give receipts for the deposit and first month’s rent.
6. Complete a move-in inspection with photos, signed by the tenant.
7. Give each tenant a fully signed copy of the lease and every addendum.
8. Keep a tenant file with the application, screening results, lease, disclosures, inspection reports, notices and correspondence. Store it securely, since it contains personal information.

Keep the lead disclosure at least 3 years from the start of the lease, as federal rules require. Keep the rest of the file until any deposit dispute or legal claim period has passed after move-out. Rent you receive is taxable income, so keep the payment records that support it at least as long as the IRS record-retention period for that tax year; see our expense tracking template for how to organize them. For day-to-day notices during the tenancy, use the tenant communication templates.

A note on using templates

A lease template is a starting point for a conversation with a lawyer, not a substitute for one. A local landlord-tenant attorney can tailor the lease to your state, city and property type, often for a modest flat fee, and you can reuse the result for years. For many small landlords that is cheaper than a single dispute over a void clause. Read our complete guide to lease agreements before that meeting so you know which questions to ask.