Residential Lease Agreement Template (United States)

What a residential lease agreement does

A residential lease agreement is a contract that lets a tenant live in a home for a set period in exchange for rent. It names the people involved, describes the home, fixes the term and the rent, and divides responsibilities such as repairs, utilities and yard care. When something goes wrong, such as late rent, damage or a dispute over the deposit, the lease is the first document a judge or mediator will read.

A good lease does three jobs. It records the deal so both sides remember it the same way. It sets house rules that are fair and enforceable. And it follows the law of the state where the home sits, because state law fills in any gaps and overrides any clause that conflicts with it.

When to use one

Use a fixed-term residential lease when you rent a whole house, apartment, condo or townhome to a tenant for a set period, usually 6 or 12 months. A fixed term gives both sides certainty: the tenant knows the rent will not change mid-term, and the landlord knows the unit is filled.

Pick a different document when the situation is different:

• For a tenancy that rolls over each month with no end date, use a month-to-month rental agreement.
• For one bedroom in a shared home, use a room rental agreement.
• For a tenant who wants to rent out the home to someone else while the lease runs, use a sublease agreement with your written consent.
• For shops, offices or warehouses, use a commercial lease agreement.

What to include

Our template covers the clauses most landlords need, in plain language. At a minimum, a residential lease should state:

• The parties. The landlord or managing agent, every adult tenant, and an address where each side can receive notices.
• The property. Street address, unit number, and anything included, such as parking, storage, furniture or appliances.
• The term. Start date, end date, and what happens if the tenant stays on after the end date.
• Rent. The amount, due date, how to pay, the first month’s prorated amount, and any returned payment fee.
• Late charges. The grace period and the late fee, kept within your state’s limits.
• Security deposit. The amount, what it can be used for, and how and when it comes back.
• Utilities. Which bills the tenant pays and which the landlord pays.
• Occupants, guests, pets and smoking. Who may live there and the rules for visitors and animals, with a clear note that assistance animals are not pets.
• Maintenance and repairs. What the landlord keeps in working order, what the tenant takes care of, and how to report problems and emergencies.
• Entry. When and with how much notice the landlord may enter.
• Subletting, alterations and insurance. What the tenant needs permission for, and whether renters insurance is required.
• Default. What happens if rent is not paid or a rule is broken, with a promise that the landlord will use the court process, not lockouts.
• Disclosures. The federal lead-based paint disclosure for homes built before 1978, plus any state and local notices.
• Signatures. Every adult tenant and the landlord, with dates.

State rules to check before you sign

Landlord and tenant law is mostly state law, and many cities add their own rules on top. Before you use the template, look up these points for the state and city where the home is located:

• Security deposit limit and the deadline to return it, plus any rules on interest or where the money must be held.
• Late fees. Some states cap the amount or require a grace period before a fee applies.
• Entry notice. Many states require a set amount of advance notice before a landlord enters, except in emergencies.
• Notice periods for unpaid rent, lease violations and ending a periodic tenancy.
• Required disclosures, such as mold, radon, flood zone, bed bugs, smoking policy, or the name of the person authorized to manage the property.
• Rent control or just cause rules in some states and cities, which can limit rent increases and the reasons you may end a tenancy.
• Language rules. A few states require a translated copy when the lease is negotiated in another language.

When you download a state version from our forms library, the state slots are filled with the rules we have confirmed for that state, each with the name of the law. Where we could not confirm a rule, the slot stays blank so you know to check.

Common mistakes

• Waiving tenant rights. Clauses that make the tenant give up habitability, deposit or notice rights are usually void, and a judge may read the rest of the lease more strictly against you.
• Charging more than the law allows. A deposit or late fee above the state limit can lead to penalties, sometimes several times the overcharge.
• Leaving out an adult. If an adult occupant does not sign, you may have no contract with them when you need one.
• Vague repair terms. “Tenant handles minor repairs” invites disputes. Spell out what the tenant does, such as light bulbs and alarm batteries, and how to report everything else.
• Missing disclosures. Forgetting the lead paint disclosure on an older home can bring federal penalties.
• Self-help eviction language. Any clause allowing lockouts or utility shutoffs is unlawful in nearly every state.

Using this lease in TenantLoop

In TenantLoop you can keep your own lease templates with your own clauses, send each lease for e-signature through Dropbox Sign, and keep the signed copy on the lease record with its audit trail. The lease wizard prorates the first month and posts the rent charges to the tenant ledger, and tenants pay from their portal by card or bank transfer.