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Residential lease agreement

Reviewed by Clausery editors · · 3 min read

A written rental agreement between landlord and tenant for a house, apartment or room — rent amount and due date, security deposit, lease term, rules, maintenance responsibilities, and signatures.

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A residential lease (or rental agreement) sets the rules for a tenancy: how much rent, when it is due, how long the tenancy lasts, what the security deposit covers, who handles repairs, and what happens if rent is late.

Local landlord-tenant law overrides anything in the lease — security-deposit limits, required disclosures, eviction process and habitability standards vary by state and country. Research the rules for the property before signing.

What to include#

  • Parties and property. Landlord and tenant names, addresses and contact details; address of the rental unit including unit number.
  • Term and rent. Fixed-term (e.g. 12 months) or month-to-month; monthly rent amount, due date, accepted payment methods, and late-fee policy within legal limits.
  • Security deposit. Deposit amount (capped by law in many places), where it is held, interest rules if any, and the conditions for deductions.
  • Rules and responsibilities. Pets, smoking, subletting, guests, utilities, lawn/maintenance, alterations, renter's insurance requirement, and noise/quiet hours.
  • Default and termination. Required notice for non-payment or lease violations, eviction process, notice required to end the tenancy, and move-out inspection.

How to fill it in#

  1. Step 1: Check local law first

    Review state/country security-deposit limits, required disclosures (lead-based paint, mould, bedbugs), notice periods and rent-control rules.

  2. Step 2: Set rent, deposit and term

    Choose fixed term or month-to-month; set rent amount, due date, late fee and deposit within legal caps.

  3. Step 3: Disclose known issues

    Lead-based paint (US pre-1978), known defects, prior mould, bedbug history, and any shared utilities or areas.

  4. Step 4: Define rules and maintenance

    Who pays which utilities, who mows the lawn, who changes filters, how to request repairs, and quiet hours.

  5. Step 5: Sign and conduct move-in inspection

    Both sides sign; do a walk-through with photos and a checklist to document condition before move-in.

Rental application

Screen tenants before signing a lease.

Room rental agreement

For renting a room within an occupied home.

Sublease agreement

When a tenant rents part/all to a subtenant.

Roommate agreement

Between roommates sharing a rental.

Rent receipt

Provide receipts for rent paid in cash.

Late rent notice

Notice to pay or quit when rent is late.

What to include in a residential lease

Landlord legal checklist.

Questions

Fixed-term vs month-to-month?

Fixed-term locks both sides in for a set period (typically 12 months) with predictable rent. Month-to-month rolls monthly and either side can end it with the required notice (often 30 days).

Can I raise rent during a lease?

Only if the lease allows it or local rent-control permits it. On renewal or month-to-month, give the notice required by local law.

How much deposit can I charge?

Many US states cap deposits at 1–2 months' rent; some countries (e.g. UK under Tenant Fees Act 2019) cap it at 5 weeks' rent. Check local law.

What disclosures are required?

Lead-based paint (US pre-1978), known health/safety hazards, rent-control ordinances, sex-offender database notice, and in some states mould, bedbug or smoking disclosures.

Can a tenant break a lease?

They can usually leave early but may owe rent until re-rented plus costs, unless the unit is uninhabitable or the landlord accepts early termination.

Browse all templates →

These are general templates, not legal or tax advice. Have anything unusual reviewed for your jurisdiction.

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