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What Is a Residential Lease Agreement?
A residential lease agreement, sometimes referred to as a lease or rental agreement, is a legal contract a tenant and landlord sign when a tenant decides to rent a residential property. It outlines the terms and conditions of the tenancy, including the obligations and rights of the tenant and landlord. Tenants and landlords can use residential lease agreements for a variety of residential properties, including townhouses, duplexes, condos, houses, apartments, and more.
What Are the Landlord's and Tenant's Obligations in a Residential Lease Agreement?
The landlord's most important obligations in a residential lease agreement include:
- Giving the tenant access to the property
- Obligations to maintain or repair the structure of the property
- Allowing the tenant to enjoy the property undisturbed
On the other hand, the tenant's most important obligations in a lease agreement include:
- Paying rent on the agreed-upon date
- Not to cause damage to the property
What Does a Residential Lease Agreement Include?
The clauses included in a residential lease agreement vary depending on whether it is a standard residential lease agreement or a comprehensive lease agreement. A standard residential lease agreement typically includes the following:
- Name of the landlord and tenants: A residential lease agreement must specify the name and address of the tenant and the landlord. All tenants over the age of 18 must be named on the lease.
- Description of the property: The lease agreement should also specify the type of property being rented and its complete address, including the building or unit number, street name, town, state, and ZIP code. It should also specify any specific parking spots or storage areas as well as the areas that the tenant is not allowed to access.
- Term of the lease: This refers to the date the residential lease agreement is valid for, including the tenancy length, the start date, and the expiration date. Many yearly leases automatically convert to monthly leases once the original lease term ends.
- Rent amount and due date: The lease agreement must specify how much and when rent is due. It must indicate the full amount of rent due over the period of the entire lease and the amount due per month. It must also specify acceptable payment methods, whether the landlord charges a late payment fee, and grace period (if any).
- Security deposit terms: The lease agreement must also specify a security deposit clause, which includes the amount of security deposit collected, the date the security deposit was collected, interest rate, name and address of the bank where the security deposit is held, reasons deductions can be taken from the deposit, and the procedures for issuing a refund.
- Repair and maintenance policies: The agreement should also clearly explain the repair and maintenance policies, including the tenant's responsibility to maintain sanitary and clean premises and to pay for any damage they cause, a requirement that the tenant notifies the landlord about dangerous or defective conditions, and restrictions on tenant alterations and repairs.
In addition to the clauses in a standard residential lease agreement, a comprehensive residential lease agreement can specify whether or not the property is furnished, appoint a property manager who acts on behalf of the landlord, and state whether or not the tenant can operate a home business on the premises. This type of residential lease agreement also allows the landlord to include a pet fee or deposit and includes information about a guarantor or surety. A guarantor is someone, such as the tenant's parent or close friend, who agrees to pay the rent if the tenant defaults on rent.
Here's an article that shares a few other essential clauses in a residential lease agreement.
Lease Agreement Templates
Who Can Live in the Property Under a Residential Lease Agreement?
Only the tenant and the people listed as occupants can live in the property. The difference between a tenant and an occupant is that a tenant is a person who signs a lease agreement, while an occupant is a person who lives in the property with a landlord's permission but doesn't have the same obligations and rights as a tenant. For example, an occupant is not legally required to contribute to a security deposit or pay rent but a tenant would.
Occupants can be both children and adults. Children adopted or born while the tenant lives in the property are automatically listed to lease as occupants. However, any state may limit the number of occupants/tenants in the property if that number violates safety or health regulations for housing. These regulations vary from one state to another.
Does a Residential Lease Agreement Have to be Notarized?
A residential lease agreement doesn't have to be notarized because a lease is usually considered a short-term contract. Lease terms are usually month to month, six months, or one year in length.
Some states consider leases that exceed one year to be long-term leases. In this case, the residential lease agreement has to be notarized. It doesn't usually cost much money to notarize a residential lease agreement.
If you want to learn more about how much you can expect to pay in notary fees, head to this article .
What Happens When a Residential Lease Agreement Ends?
If a tenant chooses a periodic term lease, the lease will automatically renew with the same terms and conditions as the initial lease, unless the landlord made some changes using the required notice period. Even after the initial lease period, notice from either the landlord or the tenant is required to end the lease agreement.
If a tenant chooses a fixed-term lease, however, the lease agreement between the tenant and landlord may continue if both parties agree. In some states, a fixed residential lease automatically becomes a periodic term residential lease. In other states, the fixed-term lease may become a "tenancy at sufferance" or a "tenancy at will" when it ends, which only lasts as long as the tenant and landlord want it to. This type of residential lease term usually occurs after an expired residential lease agreement and doesn't have as much legal protection as an unexpired residential lease.
If a tenant decides to terminate all rights under a fixed-term residential lease agreement as soon as it expires, they should serve notice before the end of the lease term, in accordance with their local requirements.
Image via Flickr by stu_spivack
What Happens If a Tenant Decides to End a Fixed-Term Tenancy?
If a tenant agreed to a fixed-term tenancy, they have to pay the rent during that period. If the tenant leaves the property before the term of the contract ends, they're still responsible to pay the rent for the entire length of the lease. However, if the landlord is able to re-rent the property before the end of the lease of the breaching tenant, they may no longer require the breaching tenant to pay rent. Landlords are not allowed to collect double rent, even if the previous tenant has left.
What Happens If a Tenant Violates a Term of the Residential Lease Agreement?
If the tenant breaches a term of the residential lease agreement, they're responsible for correcting it. This may involve paying money to repair any damages that the tenant or their guests may have caused. If they don't voluntarily pay to correct the breach, such as making a payment or repair, they can be evicted by the landlord or possibly face a lawsuit for damages sustained as a result of the breach.
If you are a landlord preparing to lease residential property, a residential lease agreement can provide important protections. When you are drafting a residential lease agreement, consult with a lawyer to make sure your document includes all necessary aspects.
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Creative, results driven business & technology executive with 24 years of experience (15+ as a business/corporate lawyer). A problem solver with a passion for business, technology, and law. I bring a thorough understanding of the intersection of the law and business needs to any endeavor, having founded multiple startups myself with successful exits. I provide professional business and legal consulting. Throughout my career I've represented a number large corporations (including some of the top Fortune 500 companies) but the vast majority of my clients these days are startups and small businesses. Having represented hundreds of successful crowdfunded startups, I'm one of the most well known attorneys for startups seeking CF funds. I hold a Juris Doctor degree with a focus on Business/Corporate Law, a Master of Business Administration degree in Entrepreneurship, A Master of Education degree and dual Bachelor of Science degrees. I look forward to working with any parties that have a need for my skill sets.
Rebecca R.
An experienced commercial contracts attorney with sales, leasing, NDA, SEC compliance, corporate governance, commercial real estate, and employment experience. Also well versed in internal and external policy document and manual creation.
Faryal A.
Ms. Ayub is an attorney licensed to practice in Texas. Before moving to the US, she has a number of years of experience in contract review, analysis and drafting. Ms. Ayub is available to help you with your legal problems, as well as filling LLC and other business entity formation documents. To know more about her practice, please visit https://ayublawfirmpllc.com/.
Adalbert M.
Dynamic Attorney helping people and small business owners protect their assets. Founding Attorney at THE CYA LAW FIRM, PLLC, in Port Saint Lucie, Florida. Offering a wide range of legal services including: Living Trusts and Wills, POA and Advanced Directives, Business Formation, Contract drafting, Business Counsel, Prenuptials and Postnuptials, and more. **Licensed in Florida and fluent in English and Spanish.
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I have 27 years of experience with drafting, editing, revising, reviewing and amending business and commercial contracts and agreements of all kinds.
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Cherryl M.
I am a U.S. lawyer (licensed in California) and have recently relocated to London. I hold a bachelor’s degree in Political Science from the University of California, Berkeley and a Juris Doctor law degree from the University of California, Hastings College of the Law. I have extensive experience in providing legal services and support in areas of business, labor & employment, IP enforcement (patent infringement, copyright & trademark), and other litigation matters; Reviewing, drafting, and editing business and legal documents/contracts; Conducting legal research and analysis, drafting memorandums, pleadings, discovery, document review, various motions, mediation briefs, and other litigation related activities; Reviewing and preparation of templates, policies, and processes for compliance with laws and regulations; educating and advising on legal and compliance issues.
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For over 20 years Myron E. Mims Esq. has provided legal and consulting services to small and medium sized businesses. Mims served as regional counsel for a real estate investment and development firm where he managed the Company’s contract execution and management, and dispute resolution affairs. Mims was responsible for oversight and risk management of all legal affairs, including management of a robust litigation docket consisting of a seven figure, multi-party construction lawsuit, and multiple vendor and tenant disputes. Mims prepared new contract docs and implemented execution and management processes that lead to the reduction of litigation. As a managing partner of Nixon Mims, LLP Mims provided legal and consulting services to clients of that consisted of real estate, construction, telecommunications, media and food industry businesses. Mims routinely assisted clients with developing corporate governance and management protocols, strategic planning initiatives, and advised clients in the negotiation and execution of complex business transactions. Mims routinely provided operational oversight and technical analysis for management. During this period Mims obtained firsthand experience of the access to capital impediments and challenges that growth-stage businesses face.
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Residential Lease Agreement
Ohio
Security deposits in residential lease agreement?
I recently signed a residential lease agreement for an apartment. I was informed that I would need to pay a security deposit as part of the agreement. I am trying to understand what the security deposit covers and what happens to the deposit at the end of the lease agreement. I want to make sure I am fully aware of my rights and obligations regarding this security deposit.
Georgie A.
A security deposit in a residential lease serves the following key purposes: 1. Property Protection: It covers damage or excessive wear and tear to the rental property during the tenant's stay. 2. Rent Arrears: It can be used to cover unpaid rent or other financial obligations if the tenant fails to pay rent. 3. Tenant Responsibility: It encourages tenants to take care of the property and fulfill lease obligations. 4. Landlord's Peace of Mind: It acts as insurance for landlords against potential losses. 5. Legal Compliance: Landlords must follow specific laws for holding and returning deposits. 6. Tenant Refund: Tenants get the deposit back if they meet lease terms, encouraging compliance. 7. Understanding deposit terms and local regulations is crucial to prevent disputes.
Landlord Tenant
Residential Lease Agreement
Florida
Length of a standard residential lease agreement?
I am in the process of looking for a new place to rent and want to make sure I understand my rights as a tenant. I am looking to sign a residential lease agreement and was wondering what the standard length of the agreement is so I can plan accordingly. I want to make sure I am aware of any potential pitfalls or issues that may arise from signing a long-term lease.
Linda W.
Being a landlord myself, and haven’t been involved in numerous residential landlord/tenant proceedings, my experience is that most residential leases are for one year. However, that being said we do live in Florida, and there are a lot of people who come down here just for the winter, which therefore involves shorter term leases. And if it is a condominium, the minimum length of time is determined by the condominium documents. If it is a home in a community, it would be covered by the HOA documents. Freestanding homes are limitless.
Landlord Tenant
Residential Lease Agreement
Washington
Residential lease agreement for short-term rentals?
I am a homeowner in the state of California who is considering renting out my house on a short-term basis. I am interested in understanding the legal implications of such an arrangement, particularly in regards to the lease agreement that would need to be drafted. I would like to know what provisions I should include in the lease agreement to protect my interests and ensure that I am compliant with the law.
Merry A.
I think you need to post this as a CA question, not as a WA question. However, your first step is checking government and HOA rules, if any and make sure that this is allowed. You will need to change your insurance and possibly add another policy specifically for short term rentals. Let me know if I can ever be of help with WA State legal questions!
Eviction
Residential Lease Agreement
Florida
Ending a residential lease agreement early?
I recently entered into a residential lease agreement for an apartment in my city. However, due to unforeseen circumstances, I am now in need of terminating my lease early. I am looking for advice on the best way to proceed in order to ensure that I am not held liable for any costs or fees associated with ending the lease early.
Linda W.
It is entirely the landlords decision as to whether to allow you to terminate early. If only because you want to move to another location and there’s nothing wrong with the unit. There are some possibilities of a substitution of a tenant that perhaps the landlord would agree to. Or if fourth of a part of your deposit, assuming you made one… There are a variety of ways to approach this, but ultimately is the choice of the landlord.
Landlord Tenant
Residential Lease Agreement
North Carolina
Insurance in a residential lease agreement?
I am a tenant who is about to sign a residential lease agreement with a landlord. I am concerned about the insurance requirements of the agreement and what type of insurance coverage the landlord and tenant are responsible for. I want to make sure that I am adequately covered in case of any accidents or damages that may occur during my tenancy.
N'kia N.
North Carolina does not require a residential landlord to maintain landlord insurance and does not require a residential tenant to maintain tenant ("renter's") insurance. However, when a residential lease agreement requires a tenant to carry renter's insurance, it will specify the minimum amount of coverage required. Generally speaking, landlord insurance covers a landlord and tenant ("renter's") insurance covers a tenant. For example, landlord insurance is likely to cover a tenant's injuries or damages related to the landlord's negligence but is not likely to cover the tenant for more general liability purposes. Ultimately, a tenant is responsible for maintaining the minimum amount of renter's insurance required by the residential lease agreement. Otherwise, the tenant may be liable for violating the lease. However, a tenant may choose to maintain renter's insurance with more coverage than required. Exactly how much coverage a tenant needs will depend on that tenant's specific circumstances.
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Location: Texas
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Doc Type: Residential Real Estate Lease
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Bid Range: $375 - $700
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Written lease agreement for land lord
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