How To Make a Free Residential Lease Agreement

What Is a Residential Lease Agreement?

A residential lease agreement is a rental contract between the owner of residential real estate, also known as the landlord, and the person who lives there, called a tenant. It outlines the terms and conditions in which the landlord rents out the property to a new tenant. This legal document is necessary for landlord-tenant relationships because it allows both sides to understand their rights and responsibilities regarding the property.

It’s easy to confuse lease agreements with rental agreements, so it’s important to understand the difference. Rental agreements are typically for short-term accommodations, like month-to-month rental agreements that can be renewed every 30 days. A standard lease agreement covers a longer period of time, usually at least one year, and is considered a fixed-term lease. But depending on your needs, a residential lease agreement can also be created as a month-to-month lease.

There are two main types of lease agreements: residential and commercial. Commercial lease agreements are for commercial properties and real estate used for business purposes. A residential lease agreement applies to residential property where people live, like a house, apartment, or other dwelling where one or more individuals reside.

What You Should Include in a Residential Lease Agreement

Let’s break down the essential parts that should be clearly stated in a new lease agreement:

• Identify the Parties. Provide the full names of the landlord and tenant (including their contact information).
• Property Description. Give specific details about the space being leased, including the address.
• Term of the Lease. The dates for the beginning and end of the lease (when the rental period starts and ends, move-in and move-out dates, etc.).
• Rent Payment. State the amount of rent, when it’s due, and whether there are late fees for late rent payments.
• Security Deposit. Explain how much the security deposit amount is, what it covers (and whether it’s separate from a pet deposit if applicable), and how it’s returned to the tenant once the lease ends.
• Repairs and Maintenance. Specify who is responsible for fixing things if they break and maintaining the normal wear and tear of the property.
• Rules. Outline any rules or regulations that apply to the property, like whether pets are allowed or smoking is prohibited.
• Renter’s Insurance. State if the tenant must obtain renter’s insurance and any specific coverage requirements.
• Termination Conditions. Explain how the lease can be ended early by either the landlord or tenant and whether written notice is required.
• Eviction. Include conditions under which a tenant may be asked to leave the property and the steps involved in the process.
• Signatures. To make the lease an official and binding contract, make sure each party signs the lease to show they agree to the terms.

An attorney’s expertise can protect your interests and your business. A local landlord-tenant lawyer can review your lease agreement to ensure it complies with your state’s laws and identify any gaps that may expose you to liability or financial harm. Find a lawyer near you.

Make Sure Your Lease Follows Landlord-Tenant Laws

When writing a residential lease agreement, it’s critical to understand any laws that protect landlord and tenant rights. Each state may have its own requirements, so familiarize yourself with local and state-specific laws where the property is located to confirm the lease is legal. For example, there may be local occupancy requirements specifying how many people can legally live in a rental unit.

If you’re a landlord, research fair housing laws and anti-discrimination policies. It’s crucial to establish equal access to housing for prospective tenants and ensure no one is treated unfairly because of race, religion, gender, or disability. Understanding and following applicable laws helps everyone avoid potential issues later.

How To Write a Residential Lease Agreement Using Our Template

A residential lease agreement doesn’t have to be fancy. Use clear and concise language and write the terms in a way that’s easy to understand.

Use the Following Residential Lease Agreement Template as a Guide:

Have a Lawyer Review Your Residential Lease Agreement

Once you finish, carefully review your document and make any necessary revisions. Don’t forget to check state and local laws to confirm that your lease terms meet specific requirements. After completing the residential lease, the landlord and potential tenant should read the entire document carefully to ensure they understand all terms and conditions before signing.

If you still have questions or want to be extra sure everything is correct, you can find a lawyer who can provide additional guidance about lease agreements. 

FindLaw’s directory of landlord-tenant lawyers can connect you with qualified legal help near you. Because your state’s laws are relevant, your attorney should be licensed in the state where the rental property is. Enter your city or ZIP code for a list of legal professionals in your area. Your search results will also show important details about prospective attorneys, like ratings, languages spoken, and whether they offer free consultations.

Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.