{"id":369268,"date":"2016-04-04T10:47:19","date_gmt":"2016-04-04T15:47:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/landlord-tenant-law\/tenant-lease-agreement-faqs.html"},"modified":"2024-06-13T20:45:21","modified_gmt":"2024-06-14T01:45:21","slug":"tenant-lease-agreement-faqs","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/landlord-tenant-law\/tenant-lease-agreement-faqs.html","title":{"rendered":"Tenant Lease Agreement FAQ"},"content":{"rendered":"\n
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Tenant Lease Agreement FAQ<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Having a lease or rental agreement is standard procedure for rental properties. Lease agreements are legally binding on both the landlord and the tenant, so both parties should carefully scrutinize the agreement before signing.<\/p>\r\n

This FindLaw article answers a few frequently asked questions about tenant rental and lease agreements.<\/p>\r\n

What are the different types of lease agreements?<\/h2>\r\n

The terms "lease agreement" and "rental agreement" are often used interchangeably. However, there are differences between the two types of binding contracts.<\/p>\r\n

Rental Agreements<\/h3>\r\n

Generally, a rental agreement is a written agreement for a short-term rental. Most rental agreements are for month-to-month rentals<\/a>. The landlord can change the rental terms and rent amount after giving the tenant proper notice. For month-to-month leases, landlords must provide at least one month’s notice.<\/p>\r\n

Lease Agreements<\/h3>\r\n

A lease agreement is a written contract for a fixed term, meaning for a year or more. A tenant generally has greater protections under a fixed-term lease, as the landlord cannot change the terms of the lease until it expires. After the lease term expires, the landlord and tenant may create a new lease or go into a month-to-month rental agreement. They may also decline to renew the lease at the end of the fixed term.<\/p>\r\n

Sublease Agreements<\/h3>\r\n

If the landlord allows subleasing, the tenant may use a sublease agreement with their subtenant. The sublease agreement is a type of rental agreement tailored to the situation, with the primary tenant still bearing responsibility for the subtenant’s actions.<\/p>\r\n

Commercial Lease vs. Residential Lease<\/h3>\r\n

Differences also exist between a commercial lease agreement, which covers commercial property, and a residential lease agreement, which covers residential property.<\/p>\r\n

Do I need a written lease agreement?<\/h2>\r\n

In most states, a rental agreement does not need to be in writing. Oral lease agreements<\/a> are generally valid for rental periods of a year or less. However, even if the state does recognize an oral rental agreement, a written agreement helps avoid problems and should be the preferred method. The landlord and tenant may have differing views on their understanding of the agreement. One advantage of a written lease agreement is that it serves as the final authority on disagreements.<\/p>\r\n

What terms should the lease agreement include?<\/h2>\r\n

Many landlords start with a standard lease agreement or use a lease agreement template. Standard lease terms<\/a> for a residential lease agreement should include the fundamental rights and obligations of both the tenant and the landlord. Standard terms for a tenant lease agreement<\/a> should include:<\/p>\r\n