A lease is the contract that governs a rental. A clear written lease prevents most disputes, and state and local law adds rules that the document cannot override.
Core terms every lease needs
- Names of all landlords and tenants and the property address.
- Start date, length of the term and whether it renews or becomes month-to-month.
- Rent amount, due date, accepted payment methods and late fees.
- Security deposit amount and how it will be handled and returned.
- Who pays utilities, and rules on pets, guests, smoking and subletting.
- Repair responsibilities and how to request them.
Required disclosures and limits
Federal law requires lead-based paint disclosures for most housing built before 1978. States and cities can require other notices and can cap fees, deposits and late charges. Terms that violate local law are generally unenforceable even if you both signed.
What tenants should read twice
- Early termination and renewal clauses.
- Rules on rent increases and notice to leave.
- Who is responsible for damage and routine upkeep.
- Automatic renewal terms that lock you in unless you give notice.
Template or lawyer?
For a typical single-unit rental, a well-made state-specific template is often enough. Landlords with several units, unusual terms or a history of disputes may benefit from a local attorney or landlord association. Whatever you use, make sure it matches your state and city rules.
Frequently asked questions
Does a lease have to be in writing?
Short oral tenancies are allowed in many places, but a written lease is far easier to enforce. Many states require leases over one year to be in writing.
Can a landlord change a signed lease?
Not without the tenant's agreement, except where the law or the lease itself allows it.