Lease agreement: what a residential lease covers and what to check

What is a lease agreement?

A lease agreement is the contract that sets the terms of your tenancy: the rent, how long you’ll stay, the deposit, who repairs what and the rules you live by. It can be written or, for some tenancies, oral, but a written lease is what you’ll sign for almost any apartment.

You’ll see “lease” and “rental agreement” used for the same document. California’s official tenant guide says the two terms are synonymous. When people do separate them, a lease usually means a fixed term and a rental agreement means month-to-month.

Searching for a lease template? A form only helps if you know what each clause should say. The table below walks through a residential lease section by section, so you can read the one in front of you, or any template, with a critical eye.

What does a residential lease include?

A residential lease typically contains the same dozen or so sections, in roughly this order. Use the right-hand column as your checklist.

Clause	What it says	What to check
Parties	Landlord, every tenant, sometimes a property manager	Every adult who lives there is named; you have the landlord’s name and address for notices
Premises	Address, unit number, parking, storage	Parking space, storage unit and appliances are listed if promised
Term	Start and end date, or month-to-month	Dates match what you agreed; what happens at the end (renewal, month-to-month, move-out)
Rent	Amount, due date, how to pay	Grace period, accepted payment methods, any rent increase terms
Fees	Late fees, pet fees, amenity or admin fees	Each fee and amount is written out; late fees are within your state’s limits
Security deposit	Amount and how it’s returned	Amount is within your state’s cap; where it’s held; return deadline. See our security deposit guide
Utilities	Who pays water, gas, electric, trash, internet	Nothing is “to be determined”; shared meters are explained
Maintenance and repairs	Who fixes what and how to request repairs	Landlord isn’t shifting legally required repairs to you
Entry	When the landlord can come in	Notice period and allowed reasons match your state’s rules
Occupants and guests	Who may live there; guest limits	Guest rules are workable for your life
Pets	Allowed or not, deposits and pet rent	Your pet’s type, size and breed are covered in writing
Subletting and assignment	Whether you can sublease or transfer the lease	Consent process and any fee
Early termination	What it costs to leave early	Fee, notice and conditions. Our guide on how to break a lease explains your options
Renters insurance	Whether you must carry it and how much	Minimum liability limit, proof deadline, additional interest wording
Alterations	Painting, nails, fixtures	What you must restore at move-out
Notices	How each side gives formal notice	Address and method (mail, email, portal)
Disclosures and addenda	Lead paint, mold, bed bugs, radon, community rules	Every addendum mentioned is attached
Signatures	Everyone signs and dates	You get a fully signed copy

Which lease clauses are red flags?

Some clauses appear in leases but can’t be enforced, because state law makes them void. Their presence doesn’t always mean a bad landlord, since many come from old forms. But they tell you to read slowly and check your state’s rules.

Watch for clauses that:

• Waive the landlord’s repair duty. New York’s warranty of habitability can’t be waived, and any agreement to waive it is void. California voids waivers of a tenant’s rights to a habitable home, although a tenant can agree to do certain repairs as part of the rent.
• Waive your right to sue or to notice. California voids lease terms that give up the right to sue the landlord, the right to legally required notice or a hearing, or the landlord’s duty of care to prevent injury or property damage.
• Limit the landlord’s liability or make you indemnify them. Washington bars these, along with confession-of-judgment clauses and clauses requiring you to pay the landlord’s attorney fees except as the law allows.
• Make you pay for ordinary wear and tear or professional cleaning. The Massachusetts Attorney General lists both as terms a lease cannot include.
• Charge late fees too early. Massachusetts bars late fees until rent is 30 days late; Washington bars them for rent paid within five days of the due date.
• Waive protected exits. Laws such as the Texas family violence termination right can’t be waived by lease.

State	Examples of lease terms that are void or barred
California	Waiving habitability rights, the right to sue, required notice, or the landlord’s duty of care (Civ. Code 1942.1, 1953)
New York	Waiving the warranty of habitability (RPL 235-b)
Massachusetts	Charging for ordinary wear and tear, required professional cleaning, late fees before 30 days, barring tenant unions (AG guide)
Washington	Limiting landlord liability, confession of judgment, landlord-chosen arbitrator, late fees within 5 days, electronic-only rent payment (RCW 59.18.230)

Washington goes further: a landlord who knowingly uses a prohibited clause can owe the tenant up to two times the monthly rent in statutory damages, plus costs and attorney fees.

Fixed-term lease or month-to-month?

A fixed-term lease locks in your rent and your home for a set period, usually a year; a month-to-month agreement gives both sides flexibility to end it with notice. California’s tenant guide warns that a fixed-term lease may be harder to get out of, and you could owe rent for the rest of the term if you leave early.

	Fixed-term lease	Month-to-month
Rent changes	Locked for the term, unless the lease allows increases	Can change with proper notice
Leaving early	Usually costs money	Give the required notice
Landlord ending it	Generally only for a breach, until the term ends	Can end with notice, subject to state and local just-cause rules
Best for	Stability, budgeting	Short stays, uncertain plans

How much notice ends a month-to-month tenancy depends on your state:

State	Tenant’s notice to end month-to-month
California	At least 30 days, in writing (Civ. Code 1946)
Florida	At least 30 days before the end of the monthly period, in writing (Stat. 83.57)
Massachusetts	30 days or one rental period, whichever is longer (AG guide)
Texas	One month, unless both sides agreed otherwise in writing (Prop. Code 91.001)
Washington	At least 20 days before the end of a rental period, in writing (RCW 59.18.200)

What disclosures must come with a lease?

At least one disclosure is federal: if the home was built before 1978, the landlord must give you the lead-based paint disclosure before you sign. According to the EPA and HUD, the landlord must:

• Give you the EPA pamphlet “Protect Your Family From Lead in Your Home”
• Disclose any known lead-based paint or hazards, with available records and reports
• Include a Lead Warning Statement in the lease or as an attachment, signed and dated
• Keep signed copies for three years from the start of the lease

Some homes are exempt, including zero-bedroom units with no child under six, leases of 100 days or less with no renewal option, and housing found lead-free by a certified inspector. If you didn’t get the disclosure, HUD lists 1-800-424-LEAD for questions.

States add their own disclosures. Florida, for example, requires a radon gas notice on a document signed at or before the rental agreement. California’s tenant guide covers state notices such as bed bugs and asbestos. Check your state’s tenant handbook for the full list.

The renters insurance clause

Many leases require you to carry renters insurance, usually with a minimum liability limit and proof by move-in. California’s tenant guide notes that many landlords require it, specifically liability coverage. Our guide on whether a landlord can require renters insurance explains the rules and the “additional interest” wording leases often use.

When you read the clause, check three things: the minimum liability amount, the deadline for proof, and whether the landlord must be listed on the policy. If you’re not sure the requirement applies to you, see is renters insurance required. A typical policy costs about $14 to $23 a month, according to our renters insurance cost guide.

How to sign a lease and keep copies

Read the whole lease before you sign, get every blank filled in, and keep a fully signed copy. California’s tenant guide advises getting a complete copy before signing and not signing if relevant blanks are empty.

• Read every page and every addendum
• Get verbal promises (parking, repairs, pets) written into the lease
• Fill in or strike out every blank
• Have changes initialed by both sides, as the Texas Attorney General suggests
• Confirm the lead paint disclosure if the building is pre-1978
• Do a move-in inspection with dated photos
• Save a signed PDF and a paper copy

Where to find official state lease forms and tenant guides

A few states publish model leases; more publish tenant handbooks that explain what a lease can and can’t say. Examples you can download from official sites:

• Maine: the Attorney General’s Consumer Law Guide, Chapter 16, includes a model residential lease.
• California: “California Tenants,” the Department of Real Estate’s guide to tenant and landlord rights.
• Massachusetts: the Attorney General’s Guide to Landlord and Tenant Rights, updated November 2025.
• Rhode Island: the Executive Office of Housing’s Landlord Tenant Handbook, in English and Spanish.
• Texas: the Attorney General’s Renters’ Rights page.

Search your own state’s attorney general or housing agency site for “tenant handbook” or “landlord tenant guide.”

Bottom line

A lease agreement sets your rent, term, deposit, repairs and rules, so read it clause by clause before you sign. Watch for terms your state makes void, like waiving the landlord’s repair duty, and get the lead paint disclosure for pre-1978 housing. Choose fixed-term or month-to-month based on how sure your plans are, and keep a signed copy. Check your state’s rules and tenant handbook for anything specific.

Laws change and vary by state and city. This guide is general information, not legal advice.