What is a residential lease agreement?

I am looking to move to a new apartment and need to know the details of a residential lease agreement. I am familiar with the basics of a lease, but want to make sure I understand all the details of what I am signing. I am also interested in understanding what my rights and responsibilities are as a tenant.

N'kia N.

ContractsCounsel verified

Business Lawyer

Licensed in North Carolina

Free Consultation

A residential lease agreement is sometimes referred to as a "residential rental agreement," a "rental agreement," a "residential lease," a "lease agreement," or simply a "lease." It is a legal contract between a landlord and a tenant that details the terms and conditions of the tenancy, including the rights and responsibilities of each party. Every U.S. state has laws regarding the rights and responsibilities of residential landlords and tenants. For example, North Carolina's "Residential Rental Agreement Act" can be found in Chapter 42 of the North Carolina General Statutes. Generally, a residential tenant has the right to possess (or occupy) the property, the right to quiet (or peaceful) enjoyment of the property, and the right to the property being fit and habitable. In exchange, a residential tenant is responsible for paying a rental fee (in full and when due), not damaging the property, and keeping the property safe and sanitary. However, a residential lease agreement may grant additional rights to and/or impose additional responsibilities upon a tenant, so long as neither conflict with the law. For example, a landlord might provide a tenant access to a business center, a clubhouse, or an exercise room but might charge a fee for said access. For another example, one landlord may prohibit pets, one may allow pets but charge no fee, and another may allow pets and charge a fee. Last, not everything stated in a residential lease agreement is necessarily enforceable. Having an attorney review a lease before signing it can help clarify the rights and responsibilities of the landlord and the tenant, which can also help avoid confusion and conflict later on.