What terms should be included in a written lease?
A written agreement should include all terms that are required under a lease and other specified terms that may be otherwise material or ambiguous unless put in writing. Common written leases include the following:
- Names of parties (including landlord, tenant, and other occupants)
- Duration of tenancy (month-to-month, one year, five year, etc.)
- Terms of rent (amount, date due, method of payment, late fees, grace period)
- Terms of security deposit, if exists
- Use of amenities (appliances, furniture, parking spaces, etc.)
- Terms of use of the property (business, residential, etc)
- Assigning responsibility for paying utilities
- Terms of landlord repairs and maintenance
- Events that cause default
- Result of default of lease agreement
- Terms at the end of the lease
- Terms of possible future disputes (attorney’s fees, costs, mediation, etc.)
- Conditions landlord may enter tenant’s rental property
- Result of landlord death or sale of rental property
- Other rules and regulations that applies to rental property (community rules, pets, quiet hours, other deposits, etc.)
Other Leases FAQs
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What is a lease?
A lease or rental agreement is a legal contract between a landlord and tenant. The agreement gives the tenant the right to use and occupy the rental property for … more -
I have been renting a room for the last six months but I never signed a lease – do I still have a legal right to occupy the room even though I never signed a lease?
Yes. Although a written lease is beneficial to protect the rights of both parties, oral agreements are valid where the lease period is for no more than one year. … more -
If oral leases are valid for a lease under a year – then why do I need a written lease?
A written lease makes terms clear to both parties whereas future disputes in an oral lease may be difficult to resolve due to uncertainty to the terms of the … more -
If I do make an oral lease – what terms should I discuss with my future landlord?
An oral lease requires both parties to agree to specific terms. In most states, oral agreements require the parties to agree on: Duration of tenancy (no more … more -
Can I choose to rent only to Hispanic tenants?
In general, a landlord may choose their tenants freely based on business criteria such as the prospective tenant’s credit history, income, and references. In … more -
Are subleases usually allowed?
Unless the lease prohibits a sublease, a tenant may assign the lease to a third party. Many leases either prohibit subleases or require adequate notice to the landlord. -
I found a place that I like better than my current place. Can I get out of my current lease?
It depends. If you are on a month-to-month lease, in most states you are required to give the landlord 30 days notice to end your lease (usually that notice … more -
Are there any differences in a commercial lease as compared to a residential lease?
There are many similarities between residential and commercial leases, however there are differences as well. Residential tenancies tend to be more … more -
If I have to sue my landlord or if my landlord sues me – who is responsible for the legal fees?
Usually, the lease will have a provision that states that the “prevailing” party in any lawsuit will be able to collect reasonable attorney fees. … more
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