What must be included in a residential lease?

At minimum, the names of the landlord and every adult tenant, the property address, the lease term, the rent amount and due date, and the security deposit. A complete lease also covers late fees, utilities, maintenance, entry notice, pets, occupants, and how the lease ends, plus the disclosures your state and federal law require.

What disclosures are required in a lease?

Federal law requires a lead-based paint disclosure and pamphlet for most housing built before 1978. States add their own, which commonly include the name and address of the owner or agent, security deposit details, and disclosures about mold, flooding, or other conditions. Requirements vary, so check your state.

Can a lease waive tenant rights?

Many waivers are unenforceable. Clauses that waive the warranty of habitability, let a landlord lock a tenant out without court, excuse a landlord's own negligence, or require a deposit above the state cap are often void. Including them can also expose a landlord to penalties in some states.

Who should sign the lease?

The landlord or an authorized agent and every adult who will live in the unit as a tenant. Having all adults sign makes each one responsible for the full rent in most cases. Minors living with a parent are usually listed as occupants rather than signers.

Does a lease have to be in writing?

Not always. Many states enforce oral leases for a year or less, but leases longer than a year generally must be in writing to be enforceable. A written lease is the practical choice for any term, because it is the only reliable record of what was agreed.

What a residential lease must include

A lease can be two pages or twenty, and length has little to do with whether it works. What matters is whether it covers the terms that cause disputes, includes the disclosures the law requires, and leaves out the clauses a court will throw out anyway.

The core terms

The parties: the landlord or authorized agent, and every adult tenant.
The property: full address and unit number, plus any parking space or storage included.
The term: start and end dates for a fixed-term lease, or that it's month-to-month. See month-to-month vs fixed-term.
Rent: amount, due date, where and how to pay, and any grace period.
Security deposit: amount, where it's held if your state requires it, and how and when it's returned. See deposit limits by state.

The terms that prevent most disputes

Late fees within your state's limits. See late fees and grace periods.
Utilities: who pays each one. See who pays utilities.
Maintenance and repairs: how to request them and who handles what.
Entry: how much notice the landlord gives before entering. See entry rules.
Occupants, guests, pets, smoking, and subletting.
Ending the lease: renewal, notice to leave, and what happens if the tenant stays past the end date.

Create a Lease ($7.99) Required Disclosures

Disclosures required by law

For most housing built before 1978, federal law requires the landlord to disclose known lead-based paint hazards, give the tenant the EPA pamphlet on lead, and include a signed lead warning statement with the lease. See lead, mold, and asbestos disclosures.

States add their own list. Common ones include the name and address of the owner or the agent authorized to manage the property, security deposit details, and disclosures about mold, flood zones, bedbugs, or shared utility meters. The list varies by state and sometimes by city, which is the main reason a generic lease form goes wrong.

Clauses that don't hold up

Some clauses appear in leases all the time and are void in many states anyway:

Waiving the landlord's duty to keep the unit habitable.
Letting the landlord change the locks or remove belongings without a court order.
Excusing the landlord from liability for the landlord's own negligence.
Deposits or fees above the state cap.
Waiving the tenant's right to notice before eviction.

A void clause doesn't usually sink the whole lease, but it won't protect the landlord, and in some states including it carries a penalty. See what makes a lease legally binding.

Signing

Every adult who will live in the unit should sign as a tenant, which generally makes each responsible for the full rent. Both sides should keep a signed copy, along with the signed disclosures. Tenants should read the whole thing first; see how to read a lease before you sign.

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