Standard Lease Provisions

Residential lease agreements are essential to renting an apartment or a house. These agreements are binding contracts that protect both the landlord and the renter.

Lease agreements help avoid or resolve legal disputes during the tenancy. There are no restrictions on how long a lease may cover. Both short-term tenancies and long-term tenancies need leases.

This article provides a snapshot of standard lease provisions. Learn the basics of what to include and which lease provisions are unenforceable if you’re renting out your property. You can draft a lease on your own using a template. But the best way to protect your business and financial interests is to get legal help from a local real estate attorney. 

Understanding Residential Lease Agreements

Once you approve your prospective tenant’s rental application, the next step in the leasing process is to sign a residential lease agreement. Lease agreements outline the rights and responsibilities of all parties to the lease. For example, the tenant must pay rent, and the landlord must maintain common areas and make necessary repairs.

Many landlords have a standard lease. Review your lease structure to ensure it follows federal law, state law, and local ordinances. For example, under federal law, landlords must disclose the use of lead-based paint in buildings constructed before 1978.

Rental property owners who fail to provide proper lead-based paint disclosures to tenants can face serious civil and financial penalties. Find local legal help.

Common Lease Provisions

Standard lease provisions that set forth landlord and tenant rights and obligations include the following clauses:

• The parties’ names: Include occupancy restrictions and identify all parties to the lease. This includes contact information for the landlord and tenant, as well as emergency contacts for the tenant.
• A description of the rental property: Include the property address and whether the rental includes amenities such as a parking space.
• The term of the lease: Identify the length of time for which the lease is in effect. What are the start and end dates? Is there a lease renewal provision? Does it include a rent increase? Without this information, the lease term can revert to month-to-month. Month-to-month leases require no fixed-term commitment.
• Move-in and move-out: Specify when the tenant may move in and when they must move out. Typically, the move-out date coincides with the end of the lease.
• The amount of rent: State in writing the amount of rent per month for the rental property.
• The due date for rent payments: Again, all parties should be clear on the rent amount, when the monthly rent is due, and how much time may pass before assessing a late fee. Many leases identify the day of the month to pay rent.
• Security deposit: Tenants should know the deposit amount before signing the lease.
• Whether the tenant is subject to late fees: If it’s not in the contract, the landlord can’t charge a late fee.
• Maintenance responsibilities: Property managers often clarify what they will and won’t fix and the procedure for getting something fixed.
• Termination notice requirements: If either party needs to terminate the lease, have a procedure in place in advance. Most procedures require written notice with a time provision and an early termination fee before the tenant or landlord can terminate the lease. Some courts may include attorney fees if the landlord prevails in court.
• When the landlord may enter the rental property: While landlords can enter the rental property under limited conditions, they must respect the lessee’s privacy.
• Rules concerning pets: Outline the rules about pets in the lease agreement. This includes any additional “pet rent” and breed restrictions.
• Subleasing: Identify whether the tenant can sublet the rental property.

There is no written requirement for rental agreements. Written agreements are easier to enforce and provide clarity for all parties. A mutually agreed-upon lease amendment can include any changes that come up after signing the lease agreement.

Unenforceable Lease Clauses

Some clauses appearing in a written lease or rental agreement are not enforceable. These include:

• Repossession of the rental if the tenant doesn’t pay rent: Landlords have no right to self-help. This includes removing the tenant’s personal property. A landlord must follow the local eviction procedure to evict.
• Allowing the landlord to enter the rental unit without notice: This violates the tenant’s right to privacy. Landlords should provide reasonable notice to enter the rental unit.
• Waiving habitability requirements: A lease cannot say the landlord isn’t responsible for keeping the unit safe, sanitary, and livable for humans. 
• Prohibiting lawful calls to inspectors or law enforcement: Clauses that say tenants can’t report code violations or contact the police if necessary are illegal retaliation.
• Discriminatory occupancy rules: Any clause that violates fair housing laws (like limiting tenants based on familial status, race, or disability) is unenforceable.

Signing a Lease? Get Legal Help

Lease agreements are legally binding. Make sure you know exactly what you are signing before you proceed. If you’re the renter, you should understand all the lease terms, including late fees, security deposit amount, required notices, and what happens if you have to break the lease. If you’re the property owner, you want to be sure your lease doesn’t include any illegal clauses or expose you to unnecessary liability.

If you’re unsure about any of the lease terms, consider consulting an attorney well-versed in your state and local landlord-tenant laws first.

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