Lease Agreement Template

Reviewed by the Agiled editorial teamUpdated June 2026

A lease is the rare contract where most of its terms are pre-decided by statute: how much deposit a landlord may hold, how fast it returns, what notice entry...

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Lease Agreement Template — page 1

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RESIDENTIAL LEASE AGREEMENT
This Residential Lease Agreement ("Lease") is entered into as of _______, 20 ("Effective Date"), by and between:
Landlord: ________________________, with a mailing address of ________________________ ("Landlord");
Tenant(s): ________________________, with a mailing address of ________________________ ("Tenant").
Landlord and Tenant are collectively referred to as the "Parties."
1. Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the residential property located at ________________________, including the following amenities and fixtures: ________________________ (the "Premises"). The Premises shall be used exclusively as a private residence for Tenant and the following authorized occupants: ________________________.
2. Lease Term. The term of this Lease shall commence on ____, 20_ and shall expire on _, 20 ("Lease Term"), unless earlier terminated in accordance with the provisions of this Lease. Upon expiration, this Lease shall automatically convert to a month-to-month tenancy on the same terms unless either Party provides at least __________ days' written notice of intent not to renew.
3. Rent. Tenant shall pay Landlord monthly rent in the amount of $ ("Rent"), due on the __________ day of each month. Rent shall be paid by [check/electronic transfer/other method] to ____. A late fee of $ shall be assessed if Rent is not received within __________ days of the due date.
4. Security Deposit. Upon execution of this Lease, Tenant shall pay a security deposit of $ ("Security Deposit") to Landlord. The Security Deposit shall be held by Landlord and may be applied to cover unpaid rent, damages beyond normal wear and tear, or other charges permitted under this Lease. Landlord shall return the remaining balance of the Security Deposit to Tenant within __________ days after Tenant vacates the Premises, accompanied by an itemized statement of any deductions.
5. Utilities and Services. Landlord shall be responsible for the following utilities: ________________________. Tenant shall be responsible for the following utilities: ________________________. Tenant shall arrange for and pay all utility services for which Tenant is responsible and shall keep such services active throughout the Lease Term.
6. Maintenance and Repairs. Landlord shall maintain the structural components, roof, plumbing, electrical, and heating systems in good working order. Tenant shall maintain the interior of the Premises in clean and sanitary condition, promptly report any maintenance issues to Landlord, and shall not make alterations or improvements without Landlord's prior written consent. Tenant shall be responsible for the cost of repairs resulting from Tenant's negligence or misuse.
7. Use and Conduct. Tenant shall use the Premises solely as a private residence and shall comply with all applicable laws, ordinances, and homeowners association rules. Tenant shall not engage in illegal activities, create excessive noise, or permit nuisance conditions on or about the Premises. Smoking is [permitted/prohibited] on the Premises.
8. Pets. [Pets are not permitted on the Premises.] OR [Tenant may keep the following pets on the Premises: _____, subject to a pet deposit of $ and monthly pet rent of $_. Tenant shall be responsible for all damages caused by pets and shall comply with all local animal control ordinances.]
9. Landlord's Right of Entry. Landlord may enter the Premises for inspections, repairs, or showings upon providing Tenant with at least __________ hours' written notice, except in the case of emergency, in which case Landlord may enter immediately. Landlord shall exercise the right of entry in a reasonable manner and at reasonable times.
10. Assignment and Subletting. Tenant shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld. Any unauthorized assignment or subletting shall constitute a material breach of this Lease.
11. Insurance. Tenant is strongly encouraged to obtain renter's insurance to cover personal property and liability. Landlord shall maintain property insurance covering the structure and common areas. Neither Party's insurance shall cover the other Party's property or liability.
12. Default and Remedies. If Tenant fails to pay Rent or breaches any other provision of this Lease, Landlord shall provide Tenant with written notice specifying the default and a cure period of __________ days. If Tenant fails to cure the default within the cure period, Landlord may pursue eviction and other remedies available under applicable law. If Landlord fails to maintain the Premises as required, Tenant may provide written notice and, if the condition is not corrected within a reasonable time, may pursue remedies available under applicable landlord-tenant law.
13. Termination. Either Party may terminate this Lease at the end of the Lease Term or any subsequent month-to-month period by providing at least __________ days' written notice. Early termination by Tenant without legal justification shall result in liability for Rent through the end of the Lease Term or until the Premises are re-rented, whichever occurs first.
14. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of __________ and all applicable local ordinances. Any disputes arising under this Lease shall be resolved in the courts of __________ County.
15. Entire Agreement. This Lease constitutes the entire agreement between the Parties regarding the rental of the Premises and supersedes all prior negotiations and agreements. This Lease may only be modified by a written amendment signed by both Parties.
16. Signatures.
Landlord: ________________________ Date: __________
Tenant: ________________________ Date: __________
Tenant: ________________________ Date: __________

Security deposit: 1 – 2 months' rent (state caps)
Deposit return: 14 – 45 days, itemized
Entry notice: 24 – 48 hours, most states
Pre-1978 housing: Federal lead-paint disclosure required

What your lease agreement should cover

Parties, premises, and occupants

Landlord, all adult tenants (each jointly and severally liable — the clause that lets you collect full rent from any one of them), the property address including unit, and the named occupants. Unnamed long-term occupants are a breach, and the lease should say so.

Term and renewal

Fixed term (usually 12 months) with what happens at the end: month-to-month rollover at a stated rent, or renewal by new agreement. Several cities and states now require 60–90 days' notice for non-renewal or rent increases — the term clause should match local law.

Rent, due date, grace period, and late fees

Amount, due date, payment methods, the grace period (commonly 3–5 days, mandated in some states), and the late fee — flat or percentage, with many states capping it (often 5–10% of rent). Returned-payment fees stated separately.

Security deposit terms

Amount within the state cap, where it's held (some states require separate or interest-bearing accounts), permitted deductions (unpaid rent, damage beyond normal wear), and the return deadline with itemized statement — 14 to 45 days depending on state. The most litigated clause in residential renting.

Move-in condition report

A signed room-by-room checklist with photos, attached as an exhibit. It's the evidence that decides every deposit dispute — and several states require offering one.

Maintenance and repairs, divided

Landlord: habitability, structure, systems, appliances supplied. Tenant: cleanliness, light bulbs, smoke-detector batteries, prompt reporting of leaks and pests. Repair-request procedure and emergency contact included.

Landlord entry

Entry for repairs, inspections, and showings on advance notice — 24 hours in many states, 48 in some, 'reasonable notice' in others — at reasonable times, emergencies excepted. Self-help entry without notice is a privacy violation with statutory damages in several states.

Pets, smoking, and alterations

Pet policy with deposits/rent where allowed (assistance animals are not pets and can't be charged for), smoking policy, and the no-alterations-without-consent rule, including picture-hanging norms and repainting.

Subletting and assignment

Written consent required — and short-term rental (Airbnb-style) prohibited explicitly, since the standard sublet clause predates the platforms that now generate the disputes.

Required disclosures

Federal: lead-based paint for pre-1978 housing (the EPA/HUD pamphlet and disclosure form — omitting it carries per-violation penalties). State-dependent: mold, bedbug history, flood zone, radon, registered-offender database notice, and others. Check the state list before signing.

Default, notice, and remedies

What constitutes default, the statutory cure-or-quit notice periods (3–14 days for nonpayment, state-set), and the lawful eviction path. Self-help evictions — lockouts, utility shutoffs — are illegal everywhere and carry damages.

Typical residential lease terms (U.S., 2026)

Term	Typical range / rule	Notes
Lease term	12 months	6-month and M2M at premiums
Security deposit	1 – 2 months' rent	State caps vary; some uncapped
Deposit return deadline	14 – 45 days	Itemized statement required
Grace period	3 – 5 days	Mandatory in some states
Late fee	5% – 10% of rent	Capped by many states
Entry notice	24 – 48 hours	Emergencies excepted
Nonpayment notice	3 – 14 days	Cure-or-quit, state-set

Residential leasing is governed state by state — deposit caps, notice periods, late-fee limits, and required disclosures all vary, and rent-controlled jurisdictions add further rules. Verify each flagged clause against your state's landlord-tenant statute.

How lease agreements work in practice

The standard 12-month residential lease

The workflow that prevents the deposit fight: application and screening, lease signed with all adults as jointly liable tenants, deposit and first month collected (last month too, where lawful and within the cap), move-in checklist completed with photos and signed by both sides, keys handed over. At the back end, the same checklist plus move-out photos determines deductions — normal wear (faded paint, carpet wear paths) is the landlord's cost; damage (holes, burns, missing fixtures) deducts with receipts. The itemized statement goes out within the state deadline, because missing it forfeits the right to deduct in many states and triggers multiplied damages in some.

Month-to-month and the flexible arrangement

A month-to-month tenancy — either from the start or as a fixed-term rollover — trades stability for flexibility at typically a 10–20% rent premium. Either party may end it with notice: 30 days is the traditional default, but a growing list of states and cities requires 60–90 days for landlords (and more for long-tenured tenants or larger rent increases). The lease should state the notice both ways and the rent-increase procedure, because in M2M arrangements the notice rules are the contract.

Roommates, co-signers, and the liability web

Multi-tenant leases run on joint and several liability: every tenant is responsible for the entire rent, not their 'share' — the landlord's protection when one roommate leaves mid-term. The departing roommate's replacement enters by lease amendment with screening, not by informal handoff. Co-signers (guarantors) for thin-credit tenants sign a guaranty covering the full term, including renewals if it says so. None of this works retroactively; the web of liability is built at signing or not at all.

Mistakes that weaken a lease agreement

Skipping the move-in checklist

Without dated move-in evidence, the deposit dispute becomes word against word — and statutes generally break ties against the landlord. Photos plus a signed checklist cost twenty minutes and decide the argument in advance.

Deducting for normal wear and tear

Faded paint, small nail holes, and carpet wear paths are the cost of leasing, not damage. Deducting them is the fastest route to a small-claims loss with statutory multipliers in deposit-penalty states.

Missing the lead-paint disclosure

Pre-1978 housing requires the federal disclosure form and EPA pamphlet at signing — omission carries penalties up to five figures per violation, independent of whether any lead issue exists.

Copying a lease from another state

Deposit caps, entry notice, late-fee limits, and required disclosures differ everywhere; some imported clauses are void, and a few (waiving habitability, penalty clauses) can poison enforceability more broadly. Localize before signing.

Self-help responses to default

Changing locks, removing belongings, or cutting utilities is illegal in every state regardless of how clear the breach is — and converts a collectible debt into the tenant's damages claim. The notice-and-court path is the only path.

How to use this template

01
Download the lease agreement template in Word or PDF.
02
Fill in parties (all adults as tenants), premises, term, and rent terms with your state's grace period and late-fee cap.
03
Set the deposit within the state cap and calendar the return deadline.
04
Complete the move-in checklist with photos at key handover — signed by both parties.
05
Attach required disclosures: federal lead paint for pre-1978 housing plus your state's list.
06
Verify entry-notice and default-notice clauses against your state's statute, then sign — both parties keep executed copies.

Skip this template if…

Commercial space — commercial leases (NNN, gross, percentage rent) run on entirely different terms and negotiation norms.
Subletting an apartment you rent — use a sublease agreement, and get the landlord's written consent first.

FAQs

How much can a landlord charge for a security deposit?

State law decides: common caps are one to two months' rent, with some states uncapped and others (like California, now generally one month) stricter. Return deadlines run 14–45 days with an itemized deduction statement — missing the deadline can forfeit deductions and trigger penalty damages.

What can a landlord deduct from a security deposit?

Unpaid rent and damage beyond normal wear and tear — never ordinary aging like faded paint, minor scuffs, or carpet wear paths. Deductions need an itemized statement within the state deadline, and receipts or estimates make them defensible in the small-claims hearing the dispute otherwise becomes.

Can a landlord enter the property whenever they want?

No. Most states require advance notice — typically 24 to 48 hours — for repairs, inspections, and showings, at reasonable hours, with genuine emergencies excepted. Repeated entry without notice violates the tenant's possession rights and carries statutory damages in several states.

What disclosures must a lease include?

Federally: the lead-based paint disclosure and EPA pamphlet for housing built before 1978. State lists add more — mold, bedbug history, flood zones, radon, utility arrangements, and others depending on the state. Missing required disclosures can mean penalties and lease-enforceability problems.

What happens if a tenant breaks the lease early?

The tenant generally owes rent until the unit re-rents — but most states require the landlord to make reasonable efforts to re-rent (mitigation) rather than letting the unit sit and billing the term. Statutory exceptions typically cover active-duty military orders and, in many states, domestic-violence situations. Early-termination clauses with a defined fee (often 1–2 months' rent) make exits predictable.

Is a month-to-month lease better than a fixed term?

It trades stability for flexibility: either side can end it with notice (30 days traditionally; 60–90 for landlords in a growing number of jurisdictions), and rent can change with proper notice. Landlords typically price the flexibility at a 10–20% premium over a 12-month commitment.