Lease agreement builder

Template only - not legal advice. Lease requirements vary by state and locality. Security deposit limits, notice periods, required disclosures, and prohibited clauses differ significantly by jurisdiction. Have a real estate attorney review this document before use in your state. See our full disclaimer.

1. Parties and property

Landlord full name (or company name)

Tenant name(s) - all adults on the lease

Full rental property address

Property type

Maximum number of occupants

2. Lease term

Lease start date

Lease end date

What happens after lease term ends?

3. Rent

Monthly rent amount ($)

Rent due day of each month

Grace period before late fee applies (days)

Late fee amount ($)

Accepted payment method(s)

4. Security deposit

Security deposit limits vary by state (commonly 1 to 2 months' rent). Confirm your state's maximum before setting this amount.

Security deposit amount ($)

Days to return deposit after move-out Most states require return within 14 to 30 days. Confirm your state's requirement.

5. Utilities and services

Utilities paid by landlord (leave blank if none)

Utilities paid by tenant

6. Pets

Pets policy

Pet deposit or pet fee (if applicable) ($) Some states prohibit separate pet deposits. Confirm local rules.

7. Parking and storage

Parking included?

Parking fee per month (if applicable) ($)

Storage or other inclusions

8. Maintenance and repairs

Maintenance contact name and phone

Tenant repair limit before landlord notice required ($) Set to 0 if all repairs are landlord responsibility.

9. House rules

Smoking policy

Subletting policy

Additional rules (optional)

10. Termination and notice

Notice periods are regulated by state law. Confirm your state's minimum requirements before setting these terms.

Notice required from tenant to terminate (days)

Notice required from landlord to terminate (days)

Early termination fee (if tenant breaks lease early) ($) Typically 1 to 2 months' rent. Some states limit early termination penalties.

11. Landlord contact and notice address

Landlord mailing address (for legal notices)

Landlord phone number

Landlord email address

Your lease agreement

Get a real estate attorney lease review

A real estate attorney reviews your completed lease for compliance with your state's landlord-tenant laws, prohibited clauses, required disclosures, and security deposit rules. Attorney review typically costs $300 to $600 and protects against much costlier disputes later.

What must a residential lease include to be enforceable?

A lease is a contract. To be enforceable, it needs an offer (the landlord offers the unit), acceptance (the tenant agrees to the terms), and consideration (rent in exchange for possession). Beyond that, any lease that's going to hold up should clearly identify the parties, the property, the rent amount, the lease term, and the security deposit terms.

Vague or missing terms don't make a lease unenforceable - they create gaps courts fill with state law defaults, which may not favor either party. It's always better to put specific terms in writing. The most litigated issues - security deposit disputes, maintenance obligations, and early termination - all stem from written terms that were absent or ambiguous.

For a full pre-occupancy process, use the buyer and seller disclosure checklist if you're also buying or selling the property, and the real estate closing checklist to track all transaction steps before the tenant moves in.

What lease clauses are illegal in most states?

Several clause types are void and unenforceable in most jurisdictions regardless of whether both parties signed. These include clauses that waive the tenant's right to a habitable unit, waive the landlord's duty to mitigate damages after a tenant vacates, require tenants to waive the right to a security deposit accounting, and clauses that allow the landlord to enter without proper notice.

Discriminatory restrictions - limiting occupants based on familial status, national origin, religion, or other protected classes - are illegal under the Fair Housing Act and void in every state. A "no children" policy is a Fair Housing violation. So is a policy that selectively requires English-only lease signing.

Some states have additional prohibited clauses. California prohibits late fees above a "reasonable" amount and requires specific security deposit disclosure language. New York limits security deposits to 1 month's rent for most units. New Jersey requires specific truth-in-renting notices. Have a local real estate attorney review your lease before use. Also check your property's title situation with the title defect analyzer - undisclosed liens and title issues can affect a landlord's right to lease.

How does a month-to-month tenancy differ from a fixed-term lease?

A fixed-term lease binds both parties for the full stated term. The landlord can't raise rent or terminate without cause during the term (in most states). The tenant can't leave without paying early termination penalties.

A month-to-month tenancy continues indefinitely until either party gives proper notice - typically 30 days in most states, but some require 60 or 90 days depending on how long the tenant has lived there. Month-to-month gives both parties more flexibility but less certainty. Landlords can raise rent with proper notice. Tenants can leave with shorter commitments.

Frequently asked questions

In most states, oral leases are enforceable for terms of 1 year or less under the statute of frauds. An oral lease for more than 1 year is generally unenforceable. But even when an oral lease is technically valid, proving its exact terms in a dispute is nearly impossible. Always put the lease in writing - both parties' memories of what was agreed will differ the moment a problem arises. Written leases protect landlords and tenants equally.

Security deposit limits are set by state law and vary widely. California, New York, and New Jersey cap deposits at 1 month's rent for most residential units. Other states allow 1.5 to 2 months' rent. A few states (Texas, Illinois) have no statutory cap but courts apply reasonableness standards. Most states also require landlords to hold deposits in a separate escrow account, provide written accounting within a set period after move-out (typically 14 to 30 days), and pay interest on deposits in some states. Violating these rules can result in the landlord forfeiting the deposit entirely plus damages.

In most states, landlords must give 24 hours notice before entering a tenant's unit - even for repairs or inspections. A few states require 48 hours. Emergency entries (fire, flooding, gas leak) don't require advance notice. Repeated unauthorized entry can constitute harassment and give the tenant grounds to terminate the lease without penalty in some states. Any lease clause waiving the tenant's right to proper notice is void in most jurisdictions. State notice requirements can't be waived by contract.

The implied warranty of habitability is a legal doctrine recognized in virtually every state that requires landlords to maintain rental units in a livable condition - functioning heat, plumbing, and electrical systems, a structurally sound building, and freedom from serious pest infestations. The landlord's obligation exists regardless of what the lease says. A clause waiving the warranty is void. If a landlord breaches the warranty, tenants may have rights to withhold rent, repair and deduct the cost, terminate the lease, or sue for damages - depending on the state.

When a tenant breaks a lease early without legal justification, they're typically liable for: the early termination fee specified in the lease (if any), rent for the remainder of the lease term (reduced by what the landlord collects from a replacement tenant), and re-leasing costs (advertising, cleaning, turnover). Most states require landlords to mitigate damages by making reasonable efforts to re-rent the unit. If the landlord re-rents quickly, the original tenant's liability ends when the new tenant begins paying. Tenants may have legal justification to break a lease without penalty for: military deployment, domestic violence situations (in many states), uninhabitable conditions, or landlord harassment.