What to include in a lease agreement

A good lease prevents most landlord-tenant fights before they start. It spells out money, responsibilities and what happens when things go wrong.

The essentials

  • Parties and property: every adult occupant named; full address including unit.
  • Term: fixed term or month-to-month.
  • Rent: amount, due date, how to pay, late fee.
  • Security deposit: amount and return terms (many states cap deposits and set return deadlines).
  • Utilities: who pays which.

Clauses landlords often forget

  1. Occupancy limits: who may live there.
  2. Guests: how long before a guest is a tenant.
  3. Subletting: allowed only with written consent. See the sublease agreement.
  4. Entry notice, usually 24-48 hours except emergencies.
  5. Repairs: how to request them and who pays for tenant-caused damage.
  6. Pets: allowed or not, plus any pet deposit.
  7. Renewal and move-out notice.
  8. Smoking.
  9. Parking and storage.
  10. Attorney fees for disputes (where allowed).

Required disclosures

Depending on the property and state: lead-based paint (homes built before 1978, federal), mold, bed bugs, flood zones, and the name of the property manager. Check your state’s landlord-tenant handbook.

Start with a template

Our residential lease and month-to-month rental agreement cover the essentials. Add a late rent notice when you need it.

Frequently asked questions

Does a lease need to be notarized?

No. A signed lease is binding without a notary in every state, though leases over a year should be in writing.

Questions from readers

Question about the What to include in a lease agreement? Ask it here. We answer common questions in general terms on this page. This is not legal advice.

Ask a question

We can’t reply privately. Useful questions get answered here on the page.

Keep reading