A lease agreement (or rental agreement) is a legally binding contract that outlines the obligations and rights of the tenant and landlord. It establishes the terms of the tenancy and helps you avoid disputes with your tenants and address issues when they arise.
Lease Agreements – By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Lease Agreements – By Type
Use this template to rent out a residential property for a fixed period of typically one year.
This agreement includes the most essential and common clauses and can be used for a house, apartment, studio, condo, duplex, townhouse, basement, or mobile home.
Residential Lease Agreement
Use this template if you don’t want to commit to renting out your property for a full year or more, but still need to protect your rights. Using a monthly lease allows you (and your tenant) to be flexible.
Month-to-Month Lease Agreement
Use this template to rent out your property for a short period of time (usually between 1–31 days), most commonly as a vacation rental. A short-term rental agreement explains to guests the rules of their stay, and what they can expect when they arrive.
Short Term (Vacation) Rental
Use this template when you’re renting out a room in your property and need to set rules and boundaries. For example, you can use this agreement to explain how you'll divide rent and utility payments, and whether your tenant can have guests visit.
Room Rental Agreement
Use this template to rent out a property (or just a room) when you’re already renting the property from another landlord. For example, you may want to sublet a property if you need to move out but don’t want to break your lease.
Sublease Agreement
Use this template if you’re renting out an office building, retail space, restaurant, industrial facility, or any property where the tenant will operate a business.
Commercial Lease Agreement
Use this template to rent out a piece of land that does not have a property on it. A land or ground lease can have multiple purposes, including agricultural, residential, and commercial.
Land Lease Agreement
Use a one page lease agreement to offer a clear and concise contract between landlord and tenant.
One Page Lease Agreement
Use this template to set the expectations for students in shared living arrangements.
College Roommate Agreement
Use this template to outline the terms and expectations for leasing a photo booth.
Photo Booth Contract
Use this template to provide housing to a relative living in the same household as the landlord.
Family Member Lease Agreement
Use to grant or obtain rights to hunt on a property for a specified period.
Hunting Lease Agreement
Use to allow a tenant to sublease a rental property, or part of it.
Landlord's Consent to Sublease
Use to ensure the landlord has added security in case the tenant defaults.
Personal Guarantee for a Lease Agreement (Co-Signer)
Use to allow the guarantor to free themselves from their obligations under the contract.
Release of Personal Guarantee
Use to set up a rental arrangement with rent paid every seven days.
Week-to-Week Lease Agreement
Use to rent a condo unit, outlining terms, rent, and rules from the condo association to clarify both landlord and tenant responsibilities.
Condominium Lease Agreement
Disclosures & Addendums
Use to notify tenants their lease won't be extended, ensuring clear communication and a smooth transition in property management.
Non-Renewal
Use to inform tenants of their outstanding rent, due dates, and late fees, reminding them of their payment obligations.
Notice of Current Rent Balance
Use to transfer lease rights and responsibilities, detailing lease type, property location, and all parties involved, for legal clarity and efficiency.
Lease Assignment
- Asbestos Disclosure – Notify tenants of asbestos in the property (required for properties built before 1979).
- Bed Bug Addendum – Explain how both parties should act in case of a bedbug infestation.
- Carbon Monoxide and Smoke Detector Addendum – State whether the landlord will provide carbon monoxide/smoke detectors and how the tenant is responsible for keeping them in good condition.
- Commercial Lease Addendum – Modify an existing commercial lease or expand upon the current contract.
- Death in Rental Unit Disclosure – Inform the tenant if anyone previously died on the property.
- Disclosure of Lead-Based Hazards – Notify tenants of lead-based paint or other materials (required for properties built before 1978).
- Flood Hazard Area Disclosure – State whether the property is in a special flood hazard area.
- Foreclosure Notice – Inform the tenant of an impending foreclosure.
- Illegal Substance Contamination Disclosure – Notify the tenant if parts of the property have been contaminated due to manufacturing or storing an illicit substance (such as methamphetamine).
- Mold Disclosure – Notify the tenant that the property may contain mold and whether the landlord will fix it.
- Notice of Abandoned Personal Property – Tell the tenant they left something in the unit when they moved out and need to collect it before it’s thrown out.
- Pet Addendum – Let a tenant know the specific rules for having a pet on your property.
- Shared Utilities Disclosure – Explain how utilities are calculated and shared between multiple residents.
- Smoke-free Addendum – Specify whether your tenant can smoke marijuana or tobacco on your property.
How to Lease a Property [Landlord Lifecycle]
Step 1 – Prepare the Rental Unit and Show It
Prepare the rental unit for showings. Clean it thoroughly and perform necessary repairs to create a clean and safe living environment. Ensure the unit and associated building comply with local zoning laws, building codes, and rental regulations. You can also conduct a market analysis to set a reasonable rental price.
Once the unit is ready, list it for rent on real-estate-specific platforms like Trulia, Zillow, and Realtor.com. Schedule viewings with potential tenants to let them see the property in person. Answer their questions and prepare to sell the property as an enjoyable living place.
Highlighting Your Property
Consider your property’s unique features, amenities, and neighborhood. Market these in your listings and highlight them in your showings to attract suitable tenants.
Step 2 – Have Potential Tenants Complete a Rental Application
Ask potential tenants to complete a rental application and submit a small, non-refundable fee to process the application. This form helps the landlord screen prospective candidates, and it includes information such as the applicant’s:
- Name
- Current address
- Place of employment
- Income level
- Rental references
Prospective tenants may provide supplementary forms in addition to the rental application, including an employment verification letter to confirm their workplace and a rental verification form to verify past rental details.
IMPORTANT
Be aware of what you can and can’t ask on a rental application to abide by federal laws and prevent discrimination in the selection process.
Step 3 – Run a Background and Credit Check
After reviewing a candidate’s application, you should run a background check and a credit check. A credit check, often paid for by the applicant, can help prevent scams and tenant-related issues.
Then, clearly communicate your decision to applicants through a formal rejection or acceptance letter.
Tools for Screening Potential Tenants
Some common tools for screening potential tenants include the following:
Step 4 – Check the Applicant’s References
Next, you must check the applicant’s references in the rental application form from step two.
Contact the references and ask questions such as:
- Did the applicant pay their rent and utilities on time?
- Were there any noise complaints at the tenant’s previous apartment?
- Have the police ever been called to the tenant’s last rental unit?
- Would you consider renting to this person again?
Rental references are usually from current or previous landlords and can give insight into the applicant’s character and behavior.
Step 5 – Negotiate with the Applicant
Negotiate the terms of a potential arrangement with the applicant. Be empathetic to their situation while maintaining good business sense, ensuring that you don’t lose money by entering the landlord-tenant relationship with them.
Determine your own goals and limitations. Decide what parts of the lease you’re willing to negotiate and establish boundaries for factors that you can’t negotiate.
Step 6 – Sign the Lease
Once you’re happy to rent your property to a tenant, a formal lease agreement outlining the terms of the tenancy is created. Once finalized, both parties sign the agreement.
Remember to include the following:
- The move-in date
- The lease’s duration
- The monthly rent payment amount
- When the rent is due each month
- How you’ll handle late rent payments
- Who should pay or manage the utilities
- The penalties, if any, for breaking a lease
Step 7 – Hand Over the Keys
Once both parties sign the lease, you can collect the first month’s rent and security deposit from the tenant. Document these payments with a rent receipt and a security deposit receipt so you can ensure their accuracy and refer to them later if necessary.
Remember to conduct a unit walkthrough alongside the tenant to finish the process. Bring a rental inspection checklist and document the property’s condition. At this point, you may give the tenant the keys and allow them to move into the unit.
Step 8 – Manage the Property
Manage the property while the tenant lives there. Some responsibilities you will have include the following:
- Collecting Rent: Collect rent from the tenant in a timely manner. Deliver rent receipts when necessary and issue rent increase notices when applicable.
- Abiding by Laws: Abide by all laws and regulations for raising rent, maintaining a habitable property, and delivering eviction notices.
- Performing Maintenance and Repairs: Respond to maintenance and repair requests to keep the property in good condition.
- Communicating with Tenants: Respond to all tenant inquiries and complaints to address their concerns and ensure their satisfaction.
Use to alert a tenant that you will enter their property to perform an inspection, complete a repair, or follow through with another authorized reason.
Landlord Notice to Enter
Use to inform a tenant of the repairs their unit needs and the repair schedule you'll follow.
Landlord Repair Notice to Tenant
Step 9 – Renew or Terminate the Lease
Allow the tenant to remain on the property until the lease termination date. If you thought your tenant was responsible and you want to renew their lease (and they also want to renew), use a lease renewal agreement to renew their tenancy.
If you don’t want to renew the lease, use a lease termination letter.
Step 10 – Return the Security Deposit
Once a lease ends, you must return the security deposit to a tenant following your jurisdiction’s requirements. Conduct a thorough property inspection to determine the unit’s condition. You may be allowed to keep all or part of the deposit if the tenant caused more damage than normal wear and tear. You may also be entitled to keep some of it if they fail to pay a portion of their owed rent.
Landlord and Tenant Laws by State
Federal law recognizes that landlords and tenants have individual legal rights and obligations.
Find out what the law in your state says about your rights using the table below, or check the following specific laws for your property:
Landlord-Tenant Acts
Here are the general landlord-tenant acts by state:
Landlord’s Access
Tenants have the right to privacy when they rent a property. However, a landlord may need to access the property for maintenance or inspections.
Nearly every state requires a landlord to give advance notice to their tenants before accessing a rental unit. Use the table below to check how much notice you need to give in your state and review the relevant law:
| State | Advance Notice Requirement | Law |
|---|---|---|
| Alabama | 2 days | Ala. Code § 35-9A-303 |
| Alaska | 1 day | Alaska Stat. § 34.03.140 |
| Arizona | 2 days | Ariz. Rev. Stat. § 33-1343 |
| Arkansas | Not required | N/A |
| California | - 1 day - 2 days for move-out rental inspection |
Cal. Civ. Code § 1954 |
Security Deposit
Each state regulates the maximum amount of money a landlord can collect as a security deposit from a tenant. Some states also require landlords to return security deposits to tenants within a specific time (potentially with interest).
Usually, a landlord can deduct the following costs from the tenant’s security deposit:
- Unpaid rent
- Cleaning costs
- Key replacement costs
- Cost to repair damages above ordinary wear and tear
- Any other amount legally allowable under the lease
Use the table below to see the maximum security deposit limit in your state, whether it needs to be held in a separate account, and how much time you have to refund it after the lease ends:
| State | Maximum Deposit Limit | Held in Separate Account | Refund | Law |
|---|---|---|---|---|
| Alabama | 1 month's rent | Not required | 60 days to return deposit | Ala. Code § 35-9A-201 |
| Alaska | 2 months' rent, unless monthly rent is greater than $2000 | Escrow account required | - 14 days to return deposit - 30 days to return deposit if tenant doesn't provide proper notice |
Alaska Stat. § 34.03.070 |
| Arizona | 1½ months' rent, unless tenant volunteers to pay more | Not required | 14 days to return deposit | Ariz. Rev. Stat. § 33-1321 |
| Arkansas | 2 months' rent unless landlord owns fewer than 6 rental units | Not required | 60 days to return deposit | Ark. Code § 18-16-304 and Ark. Code § 18-16-305 |
| California | 2 months rent (if unfurnished) or 3 months' rent (if furnished) | Not required | 21 days to return deposit | Cal. Civ. Code § 1950.5 |
Lease Terms to Know
Here are some helpful definitions for the legal language commonly present in lease and rental agreement forms:
- Access: The right to enter a property.
- Accidents: Artificial or naturally occurring events that may damage a property (fire, flood, earthquake, etc.).
- Alterations: Modifications made to a property.
- Appliances: Standard home equipment like a refrigerator or dishwasher.
- Assignment: The transfer of an interest in a lease.
- Attorney Fees: A payment made to a lawyer.
- Condemnation: The government is seizing private property for a public purpose, such as highway construction.
- Default: When a breach of contract occurs and persists, such as not paying rent or violating other terms of a rental agreement.
- Furniture: Standard home equipment such as couches, tables, beds, etc.
- Guarantor/Co-Signer: Someone accountable for paying rent if the tenant cannot.
- Guests: Short-term occupants of a rental property.
- Joint and several liabilities: Two or more people are independently held accountable for damages, regardless of who is at fault.
- Late Rent Fee: An additional, reasonable sum of money paid by a tenant after making a rent payment past the due date listed in the landlord-tenant agreement.
- Noise Policy: A provision outlining “quiet hours” in the apartment building, condominium, or neighborhood.
- Notice: A written announcement of some fact or observation.
- Option to Purchase: The tenant’s right to purchase the rental property later.
- Parking: Designated spaces where the tenant can keep their vehicles.
- Pet Policy: The permission or restriction of a tenant’s ability to have an animal in a rental property.
- Property Maintenance: Involves preserving a rental unit and determining who is responsible for tasks such as cutting the grass, removing the garbage, and unclogging the kitchen and bathroom drains.
- Renewal: A tenant’s option to continue the lease.
- Renter’s Insurance: A paid policy that protects personal belongings against theft or damage.
- Severability: A clause of a lease stating that if one part of the agreement is invalid for any reason, the rest of the lease is still enforceable.
- Smoking Policy: The permission or restriction of a tenant’s smoking ability inside a rental property.
- Sublet: A temporary housing arrangement between current and new tenants to rent all or part of the currently leased property. The subletting period must be for less than the lease term.
- Successor: Someone who takes over the obligations of a lease from a tenant or landlord.
- Utilities: A public or private service supplying electricity, water, gas, or trash collection to a property.
- Waterbed: A water-filled furnishing used to sleep and not typically permitted in most rental properties.
How to Write (Fill Out) a Lease/Rental Agreement
Step 1 – Name the Parties
A simple rental agreement form must name the parties signing the lease and where they live. First, you should write down the following:
- The landlord or property management company and their current address
- The tenant or tenants and their current address
Step 2 – Describe the Premises
The “premises” are the exact address and type of rented property, such as an apartment, house, or condominium.
Step 3 – Define the Terms of the Lease
The “term” is the length of time a tenant will rent the residential property. A standard agreement should detail when the lease term begins and ends.
Furthermore, a lease can either be fixed-term or month-to-month.
- A fixed-term lease means the agreement is set for a predetermined or fixed period. It expires on the end date listed in the agreement (usually up to six months, one year, or two years from the start date).
- A month-to-month lease means the agreement lasts one month with no defined end date. It continues monthly until either the landlord or tenant terminates the agreement.
Step 4 – Set How Much Rent the Tenant Will Pay
An agreement must explicitly list the monthly rental amount and outline the consequences of late rent.
The landlord decides how much to charge for rent, but the cost is usually comparable to other properties in the same area.
In addition, standard rent control laws may limit the amount you can charge for rent. Check your local rent control ordinance to ensure your lease complies with those regulations.
Step 5 – Assign a Security Deposit Amount
A security deposit is a set amount of money a landlord collects at the beginning of the lease.
IMPORTANT
Landlords have the right to collect a security deposit from their tenants. Still, their states’ security deposit laws define what landlords can use that money for (check the security deposit laws of your state).
Step 6 – Finalize the Lease
Once you finish discussing the details with your tenant, remember to:
- Print – Print at least two copies of the rental lease for you and the other party.
- Sign – Sign and date the lease (both the tenant(s) and landlord).
- Save – Safely file a hard copy of the signed document and consider scanning an electronic copy for extra safekeeping.
Sample Lease Agreement
The following lease agreement works for all states except California, Florida, and Washington, DC.
Frequently Asked Questions
What’s the difference between a lease and a rental agreement?
The difference between a lease and a rental agreement is the duration of the contract. Lease agreements are typically long-term (12 to 24 months), whereas rental agreements are usually short-term (a few weeks or months).
If you decide whether a lease or rent is best for you, remember that a lease agreement provides more security, but a rental agreement offers more flexibility.
What are my responsibilities as a landlord?
Your responsibilities as a landlord include the following:
- Repairing and maintaining the normal wear and tear of appliances like the air conditioner or heater.
- Respecting a tenant’s right to “quiet enjoyment” (living without disturbances). For example, you should deal with noise complaints accordingly, and you shouldn’t visit the property unnecessarily.
- Providing the tenant with a safe and clean home for the lease term. Examples include removing mold, resolving water damage, and fixing ventilation problems.
- Returning the tenant’s security deposit if the tenant treats the property respectfully and the rental is in good condition at the end of the lease term.
- Giving the tenant advance and reasonable notice when you must enter the premises to fix something or show someone the property.
What happens if a tenant violates a lease?
If a tenant violates a lease, the landlord may try to resolve the problem by allowing the tenant to fix it (unless the violation is significant, such as using the property to sell or manufacture illegal drugs). If the issue is not resolved within a specific period (as set by state law), the landlord can begin eviction to remove the tenant.
Common lease violations include unpaid rent/utility bills and damage to the property.
