Frequently Asked Questions

A lease agreement is a legally binding contract between a landlord and a tenant that outlines the terms and conditions of renting a property. It specifies details such as the monthly rent, security deposit, lease duration, maintenance responsibilities, and rules governing the use of the property. A well-written lease protects both parties by clearly stating each person's rights and obligations before the tenancy begins.

While oral rental agreements can be legally valid in many states for short-term tenancies, a written lease agreement is strongly recommended in virtually every situation. A written document provides clear evidence of what both parties agreed to, which is essential if a dispute ever arises. Many states require certain disclosures and provisions to be in writing for them to be enforceable, and some states require a written lease for any tenancy longer than one year.

A complete lease agreement should include the names of all landlords and tenants, the property address, the lease start and end dates, the monthly rent amount and due date, the security deposit amount and conditions for its return, late fee policies, maintenance and repair responsibilities, rules about pets and guests, and entry notice requirements. Depending on the state, additional required disclosures may include information about lead-based paint, mold, bed bugs, registered sex offenders nearby, or known property defects. Our platform automatically includes all disclosures required by your state.

A lease typically refers to a fixed-term agreement, most commonly 12 months, that cannot be changed by either party during the term except by mutual written consent. A rental agreement, sometimes called a month-to-month agreement, renews automatically each month and can be terminated by either party with proper written notice, typically 30 days. Leases offer more stability for both parties, while rental agreements offer more flexibility. Both are legally binding contracts and should be in writing.

Yes, a signed lease agreement can be modified, but only by written mutual agreement of all parties. Any changes should be documented in a formal lease amendment that is signed and dated by both the landlord and all tenants. Verbal agreements to modify a written lease are generally not enforceable and should be avoided. Keep copies of all amendments with the original lease for the duration of the tenancy.

If a tenant breaks a lease before the end of the term, they may be responsible for paying rent until the unit is re-rented or the lease expires, whichever comes first. Many states require the landlord to make a reasonable effort to find a new tenant to minimize the damages owed. Some leases include an early termination clause that allows the tenant to pay a set fee to end the lease early. In certain situations, such as active military deployment or documented domestic violence, state law may allow a tenant to break a lease without penalty.

A security deposit is money paid by the tenant before moving in that the landlord holds as financial protection against unpaid rent, property damage beyond normal wear and tear, or other lease violations. At the end of the tenancy, the landlord must return the deposit within a time period set by state law, typically 14 to 60 days, along with an itemized list of any deductions. Most states cap the maximum security deposit at one to three months' rent, and some require it to be held in a separate bank account.

In most states, a landlord must provide advance written notice before entering an occupied rental unit, except in cases of genuine emergency. The required notice period varies by state but is most commonly 24 to 48 hours. Landlords are generally permitted to enter only during reasonable hours for specific purposes such as making repairs, showing the unit to prospective tenants, or conducting an inspection. Entering without proper notice can constitute a violation of the tenant's right to quiet enjoyment.

A sublease is an arrangement where the original tenant rents all or part of the rental unit to a new person called a sublessee, for a period within the remaining term of the original lease. The original tenant, sometimes called the sublessor, remains responsible to the landlord for rent and for any damage caused by the sublessee. Most states require the landlord's written consent before a tenant may sublet the property. A sublease agreement should clearly define the rights and responsibilities of all three parties.

You should keep your lease agreement for the entire duration of the tenancy and for several years after it ends. After move-out, disputes about security deposit deductions, property damage, or unpaid rent can arise, and your lease is the primary document establishing what was agreed to. Most attorneys recommend keeping all lease-related documents, including move-in and move-out inspection reports and all written communications, for at least 3 to 7 years after the tenancy ends, or longer if your state has a longer statute of limitations for contract disputes.