The basic identifying information
Before you get to the terms, the lease needs to clearly identify who is involved and what property is being rented:
- Full legal names of all tenants — everyone who will live there and is legally responsible for the lease should be named. This matters if you ever need to pursue unpaid rent or eviction.
- Landlord name and contact information — or the property management company if applicable.
- Full property address — including unit number. If there are specific areas included (a parking spot, storage unit, garage), name them explicitly.
- Lease term — the start date and end date. If it's month-to-month, state that clearly along with required notice period for termination.
Rent terms
This is the core of the agreement and needs to be completely unambiguous:
- Monthly rent amount — the exact dollar figure.
- Due date — rent is typically due on the first of the month, but whatever you choose, state it explicitly.
- Accepted payment methods — check, bank transfer, Venmo, cash. Be specific so there's no confusion.
- Late fees — the amount, when they kick in (e.g., after a 5-day grace period), and whether they compound. Many states cap late fees, so check your local laws.
- Returned check fees — if a tenant's check bounces, you're entitled to a fee. State the amount.
Security deposit
Security deposit terms are heavily regulated in most states, but every lease should cover:
- The deposit amount
- What it can be used for (unpaid rent, damages beyond normal wear and tear)
- The timeline for returning it after move-out (most states require 14–30 days)
- The requirement to provide an itemized list of any deductions
Do not skip the security deposit section. It's one of the most common sources of landlord-tenant disputes, and having it clearly documented in writing is your primary protection.
Rules and responsibilities
The operational terms of the lease cover how the property is to be used and maintained:
- Pet policy — allowed or not, what types and sizes, pet deposit or pet rent if applicable.
- Subletting — whether tenants can sublet the unit or rent it on Airbnb. Most landlords prohibit this without written approval.
- Utilities — which utilities are included in rent and which the tenant is responsible for. List each one explicitly: electric, gas, water, trash, internet.
- Maintenance responsibilities — who handles minor repairs (tenant) vs. major systems (landlord), and how maintenance requests should be submitted.
- Alterations — whether tenants can paint, hang things on walls, or make any modifications. Most leases require written permission for anything permanent.
- Noise and conduct — quiet hours, guest policies, and any community rules if applicable.
- Smoking policy — whether smoking is permitted anywhere on the property.
Entry by the landlord
Most states require landlords to give advance notice — typically 24 hours — before entering a tenant's unit for non-emergency purposes. Your lease should state the notice requirement and the circumstances under which entry is permitted: inspections, repairs, showing the unit to prospective tenants. This protects both parties.
Lease termination and renewal
Be clear about what happens at the end of the lease term:
- How much notice is required from either party to terminate or not renew
- Whether the lease converts to month-to-month automatically after the term ends
- The process for renewing with any rent increases
Signatures
The lease must be signed and dated by the landlord and all adult tenants. An unsigned lease is difficult to enforce. Both parties should receive a fully executed copy — don't just keep yours and forget to give the tenant theirs.
Some states require leases over a certain term (typically one year) to be notarized. Check your state's requirements before finalizing.