Lease Agreement Checklist
How it works
A lease agreement checklist ensures that a residential or commercial lease contains all necessary provisions before signing. The Lease Agreement Checklist identifies key terms to review in any lease and common missing provisions that create landlord-tenant disputes.
**Critical items to verify before signing** Parties: full legal names of all tenants (all occupants who will be responsible for rent) and the landlord or authorized agent. Property: complete address including unit number. Term: exact start and end date (fixed-term) or commencement date and notice requirements (month-to-month). Rent: amount, due date, grace period, late fee amount (verify compliance with state caps), accepted payment methods. Security deposit: amount, conditions for withholding, return timeline, and interest requirements (some states mandate interest on security deposits).
**Commonly missed provisions** Renewal terms (automatic renewal vs. holdover tenancy at increased rate); early termination clause (conditions and penalties); subletting and assignment restrictions; guest policy (how many consecutive nights constitutes unauthorized occupancy); maintenance responsibility division (who handles minor repairs, appliances, landscaping); utility responsibility and method of billing; rent increases — notice requirement and frequency; re-entry rights (landlord notice before entry, typically 24–48 hours); parking (included, separate fee, assigned vs. unassigned).
**Mandatory disclosures** Federal: EPA lead paint disclosure for pre-1978 housing. State-specific: varies widely — California has over 20 required disclosures; New York requires Tenant Rights notice. Failure to provide required disclosures may void certain lease provisions or expose landlord to damages.
**Red flags in leases** Waiver of habitable conditions (unenforceable in all US states); waiver of landlord liability for negligence (often unenforceable); automatic renewal without notice (may be unenforceable); fee structures that exceed state statutory limits.
This tool generates a checklist for review purposes. Not a substitute for legal counsel.
Frequently Asked Questions
- Rent amount, due date, grace period, and late fee. Lease term and renewal/termination notice requirements. Security deposit amount, conditions for return, and timeline (state law governs). Who pays which utilities. Pet policy (deposit, fees, breed restrictions). Guest policy and subletting rights. Maintenance responsibilities (what tenant vs. landlord handles). Entry notice requirements. Parking assignment. Alterations permitted. Early termination conditions and fees. What happens at lease end (holdover terms). Never sign a lease without reading all provisions — verbal promises not in writing are unenforceable.
- Implied warranty of habitability: landlord must maintain the property in livable condition (working heat, plumbing, no pest infestations, structural safety). 24–48 hour entry notice before landlord access. Right to withhold rent (in some states) if habitability conditions aren't addressed after notice. Anti-retaliation protection: landlord cannot raise rent or evict in response to tenant exercising legal rights. Security deposit protections: itemized deduction statement and return deadline. Lease clauses waiving these rights are typically unenforceable.
- An early termination clause is a contractual provision in the lease that allows either party to end the lease before expiration by giving notice and/or paying a fee — typically 1–2 months' rent. A lease break is leaving without a termination clause — the tenant is liable for rent until the unit is re-rented (in states with mitigation duty) or until lease end (in states without). Early termination clauses are preferable for tenants — they cap liability. Without one, breaking a 12-month lease in month 2 could mean owing 10 months of rent.
- Complete a detailed move-in inspection with photos and video of every room, noting all existing damage — scratched floors, marked walls, broken fixtures. Have the landlord sign the inspection report or confirm by email. This creates the baseline for security deposit deductions at move-out. Without documentation, landlords can claim existing damage was caused by the tenant. Take time-stamped photos and store them where you'll have access at move-out (email them to yourself). Do the same at move-out — photograph everything before handing over keys.