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Updated November 21, 2023

A lease agreement is a contract between a landlord that rents property to a tenant in exchange for monthly payments. The first (1st) month’s rent and security deposit must be paid when signing the agreement. After the lease is signed, the tenant will be given access to the property on the first day of the term (unless otherwise agreed upon).

By State

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• Washington D.C.
• West Virginia
• Wisconsin
• Wyoming

By Type (13)

1-Page Lease Agreement – For residential use as a simple agreement between a landlord and tenant. For a fixed term such as 12 months.

Download: Adobe PDF, MS Word, OpenDocument

Commercial Lease Agreements – For the use of any type of retail, office, or industrial space.

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Condominium (Condo) Rental Agreement – Residential unit that is owned by an individual in a complex with other individually owned residences.

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Equipment Lease Agreement – To rent any type of device, tools, or similar item.

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Family Member Rental Agreement – When a relative comes to live in the same home as a family member. Use to protect the rights of both parties.

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Hunting Lease Agreement – For individuals that would like to hunt on someone else’s private land.

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Month-to-Month Lease Agreement – Also known as a “tenancy-at-will,” this allows the tenant and landlord to have a binding arrangement that may be altered with 30 days’ notice.

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Parking Space Rental Agreement – Make a contract to park an automobile, recreational vehicle (RV), all-terrain vehicle (ATV), or motorcycle.

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Rent-to-Own Lease Agreement – Agreement that structures rental payments in combination with payments to own the property.

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Roommate (Room Rental) Agreement – For a roommate seeking others to join in paying rent in a residential unit together. This may be completed by a new roommate or as a collective group.

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Standard Residential Lease Agreement – Typically for a one-year period but can be for any fixed period.

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Sublease (Sublet) Agreement – The renting of space a tenant has to someone else.

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Vacation (Short-Term) Rental Agreement – For a term that usually ranges only for a few days between an owner of a home, apartment, condominium, or any other type of residence.

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Weekly Rental Agreement – A tenant who resides in a residential space with rent being paid every seven days.

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The Leasing Process (8 steps)

1. Tenant Views the Space
2. Rental Application
3. Landlord Runs a Consumer Report
4. Verify References
5. Approving the Tenant
6. Lease Signing
7. Taking Occupancy
8. End of the Lease

1. Tenant Views the Space

Before a lease agreement is drawn up, the tenant will usually view the space and see if it’s acceptable to their living standards. If they like it, they will make an offer to the real estate agent, manager, or landlord.

The offer will usually be based on the monthly rent amount.

2. Rental Application

Any offer made will require the tenant to authorize a rental application and pay a small fee (see maximum amounts ($) by state). This gives consent to the landlord to legally perform a credit and background check.

3. Landlord Runs a Consumer Report

The landlord is highly recommended to run a consumer report that, depending on the state, will allow them to view the tenant’s credit and background reports.

For example, states such as Washington and New Jersey do not allow a landlord to use an applicant’s criminal record against them.

Recommended Services

• Limited Consumer Report ($21) – RentPrep.com
• Detailed Consumer Report ($39.99) – MySmartMove.com

4. Verify References

On the completed rental application, the tenant should have listed references such as past employers and landlords. The landlord should contact the individuals provided via phone and ask about the character of the tenant and if they have paid rent on time during their tenancy.

5. Approving the Tenant

If the tenant is approved, a lease agreement should be written by the landlord in accordance with the terms negotiated. The main negotiated items of a lease are the following:

• Monthly Rent Amount ($) – How much the tenant has to pay and due on the 1st of each month.
• Security Deposit – This is determined by the landlord but cannot be more than the maximum ($) state requirement.
• Utilities – Such as electricity, water/sewer, cable, internet, heat, etc.
• Fee(s) – Such as parking, pets, trash, etc.
• Move-in Date – The day the tenant will take occupancy.
• Term – A standard lease is 12 months but can be any agreed-upon term.

6. Lease Signing

When both parties sign the lease it becomes legally binding until the end of its term. The most common ways to sign are in-person or electronically (DocuSign or eSign).

Tenant’s Obligations (4) – When signing, the tenant is commonly required to pay:

1. First (1st) month’s rent;
2. Security deposit;
3. Last month’s rent; and
4. Any other fees that are due during the 1st month of occupancy.

Landlord’s Obligations (3) – When signing, the landlord is responsible for providing:

1. Lead-Based Paint Disclosure – Required if the residence was built prior to January 1, 1978, to disclose the possibility of hazardous paint on the premises.
2. Move-in Inspection Checklist – Prior to or when moving in, the tenant and landlord should inspect the property and write down any existing damage. Photos should be taken and documented with timestamps. This is required in 17 states.
3. State Disclosures – Any disclosures required under state law.

7. Taking Occupancy

Access to the property is granted on the 1st day of the lease term (unless otherwise agreed). If the tenant moves in before the start of the term, the tenant pays rent based on the pro-rata number of days entering early on the property (ex. if the tenant moves in 10 days early and the rent is $1,500/mo, the tenant is obligated to pay $500).

8. End of the Lease

At the end of the lease period, the landlord must decide whether to renew the lease. If the landlord chooses not to renew, the tenant is required to move out and provide their forwarding address.

The landlord must return the security deposit back to the tenant, less any deductions, in accordance with state law.

Landlord-Tenant Laws

• Security Deposits Laws
  • Maximum Amount ($)
  • Returning
• Landlord’s Access
• When is Rent Due? (grace periods)
• Late Rent Fees (maximum allowed)

Security Deposit Laws

Landlord’s Access

Give the tenant a notice to enter prior to accessing the property. It can be given to an occupant, posted or placed under their door, or mailed to them (6 days before the entry date).

When is Rent Due? (grace periods)

A grace period protects the tenant from being charged a late fee or being evicted during such time period. Although, the rent is still considered late and may reflect negatively on the tenant’s rental history.

Late Fees (maximum allowed)

The late fees or the maximum amount a landlord may charge for late rent is not defined in most states. This does not mean that late fees are not allowed, rather, it suggests that the landlord is able to charge as much as desired as long as it is written in the lease.

Disclosures and Addendums (12)

• Assignment of Lease
• Current Rent Balance Letter
• Eviction Forms
• Lead-Based Paint Disclosure
• Move-in / Move-out Inspection Checklist
• Notice to Enter
• Personal Guarantee (Guaranty)
• Rent Receipt
• Rent Increase Letter
• Security Deposit Receipt
• Security Deposit Return Letter
• Tenant Rejection Letter

How to Write

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Section I. The Parties

(1) Date when the Agreement was written;

(2) Landlord’s name and mailing address; and

(3) Tenant(s) name(s).

Section II. Lease Type

(4) Decide whether this is a fixed lease or a month-to-month lease. If a fixed lease, there will be a start and end date. If month-to-month, then a start date is required and the time period when either party may terminate the agreement (see month-to-month termination laws)

Section III. Occupants

(5) Enter all the names of the occupants. Occupants are individuals that will be living on the premises but are not on the lease such as children, family members, etc.

Section IV. The Property

(6) The mailing address of the property (include the apt # (if any));

(7) Residence type (Apartment, House, Condo, Other)

(8) # of bedrooms

(9) # of bathrooms

Section V. Purpose

(10) Enter the use(s) for the premises. For example, if it’s a home in a commercial zone the tenant may be able to run a business from the premises.

Section VI. Furnishings

(11) If there are any furnishings, such as couches, chairs, beds, curtains, etc.

Section VII. Appliances

(12) If the landlord has any appliances on the premises such as a microwave, refrigerator, washer, dryer, etc.

Section VIII. Rent

(13) Monthly rent amount ($);

(14) The day it’s due each month; and

(15) Payment instructions.

Section IX. Non-Sufficient Funds (NSF Checks)

(16) Enter whether or not there will be a fee ($) if the tenant pays with a check with non-sufficient funds (NSF). If there is a fee, enter the amount per occurrence.

Section X. Late Fee

(17) Whether or not there is a late fee. If there is a late fee, enter when rent is considered late and the fee for each occurrence or day rent is late.

Section XI. First Month’s Rent

(18) If the first month’s rent is due at lease signing or on the 1st day of the lease term.

Section XII. Pre-Payment of Rent.

(19) If the tenant is required to pre-pay rent in advance it should be selected. This is common with tenants with no or bad credit history.

Section XIII. Proration Period.

(20) The proration period is selected if the tenant wants to move-in before the lease start date. They will commonly have to pay the prorated amount of rent based on the number of days they moved in early.

Section XIV. Security Deposit

(21) If there is a security deposit, it should be selected and the amount entered. Most commonly, this is equal to one (1) month’s rent but can be the maximum under State law.

Section XV. Move-in Inspection

(22) In some States, a move-in inspection is required. This is always recommended to protect the tenant from their security deposit being wrongfully deducted at the end of the lease for pre-existing damage to the premises.

Section XVI. Parking

(23) Mark whether or not the landlord will provide parking on the premises. If the landlord is to provide parking, enter if there is a fee or not for each vehicle.

Section XVII. Sale of Property

(24) If the landlord would like the option for the tenant to move out upon the sale of the property, it should be selected.

Section XVIII. Utilities

(25) Enter all utilities that the landlord will be responsible for during the term of the lease. All other utilities will be paid by the tenant.

Section XIX. Early Termination

(26) Gives the tenant the option to terminate the lease early. A landlord will usually allow this for a fee of one (1) month’s rent.

Section XX. Smoking Policy

(27) Lets the landlord set the smoking policy on the premises. In California for example, this is a required to be stated in the lease.

Section XXI. Pets

(28) Establish a pet policy. If pets are allowed, the landlord can limit the number of pets, types, and how much they weigh.

Section XXII. Waterbeds

(29) It is highly recommended to detail in the lease whether or not waterbeds are allowed.

Section XXIII. Notices

(30) It is required in almost every State that the landlord’s address is provided for official notices.

(31) Although not required, it’s highly recommended that the tenant’s address is also entered for notices (most commonly is the address of the premises).

Section XXIV. Agent/Manager

(32) If the landlord has an agent or manager that maintains the property, their name, telephone, and e-mail should be entered.

Section XXVII. Lead Paint

(33) If the premises was built prior to 1978, according to federal law, the lead-based paint disclosure form must be attached to the lease.

Section XLIX. Additional Terms and Conditions

(34) If there are additional terms and conditions that need to be written they can be in this section. If none, leave blank.