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Residential lease agreement template

A residential lease sets out the terms on which a tenant rents a home for a fixed period: the rent, the deposit, who pays for what, who repairs what, and how the tenancy ends. This template is for a landlord or property manager renting out a house or apartment in the United States, usually for a year.

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What is a residential lease agreement, and why does it matter?

A residential lease is a contract between a landlord and a tenant for a home. A fixed-term lease, the kind this template creates, runs from one date to another, commonly twelve months. During that time the rent stays the same and neither side can end the tenancy without a reason the lease or the law recognizes. That is the difference from a month-to-month rental, which either side can end on short notice.

It matters because renting a home is one of the most regulated agreements an ordinary person signs. State law, and often city law, sets rules on security deposits, late fees, repairs, the landlord's entry, required disclosures and eviction, and most of those rules apply whatever the lease says. A lease does not replace them. It fills in what the law leaves to the parties: the rent, the dates, who pays which utilities, whether pets are allowed, who may live there.

For that reason this template states the landlord's and the tenant's duties plainly and defers to "the law that applies to the Property" wherever the law sets a limit. The notes beside each section say which parts the law controls, so you know what to look up for your state and city before you fill in the blanks.

When to use this template

  • You are renting a house, condo or apartment to someone who will live there, for a fixed term such as twelve months.
  • You own or manage a small number of homes and want one lease you can reuse by filling in the blanks.
  • You want a lease that defers to state and local law on deposits, late fees, entry and eviction instead of setting numbers that may not be lawful where the home is.
  • One tenant, or several tenants together, will sign before moving in.

When it is not the right document

  • Commercial space such as an office, shop or warehouse, which needs a commercial lease.
  • Vacation and other short-term rentals, or renting a room in the home you live in, which are often covered by different rules.
  • Subsidized or rent-regulated housing where a program or agency requires its own lease form or riders.
  • A tenancy that is month to month from the start. This template is built around a fixed term.

The residential lease agreement template, section by section

The full text is on the left. Beside each section is a plain-language note on what it does and what to decide before you send it. Words in [brackets] are blanks you fill in.

Residential Lease Agreement

This Residential Lease Agreement (the "Lease") is made on [Date of the lease] between [Landlord's legal name] (the "Landlord") and [Tenant's full name (every adult tenant)] (the "Tenant").

The Landlord rents to the Tenant, and the Tenant rents from the Landlord, the home at [Address of the home] (the "Property"), on the terms of this Lease. The Property includes the appliances, fixtures and furnishings that the Landlord supplies with it.

1. Term

This Lease starts on [First day of the term] and ends on [Last day of the term] (the "Term").

If the Landlord cannot give the Tenant possession of the Property on the first day of the Term, rent does not start until possession is given. Until possession is given, the Tenant may end this Lease by written notice and receive a full refund of everything the Tenant has paid.

2. Rent

The Tenant will pay rent of [Monthly rent] per month. Rent is due in advance on the [Day of the month rent is due] day of each month and stays the same for the whole Term. Rent for a partial month at the start or end of the Term is worked out by the day.

The Tenant will pay rent by [How rent is paid]. The Landlord will give the Tenant a receipt for any payment made in cash, and for any other payment on request.

If the Landlord has not received the full rent within [Days after the due date before a late fee] days after it is due, the Tenant will pay a late fee of [Late fee], or the highest amount the law that applies to the Property allows, if that is lower. Where that law sets a longer period before a late fee may be charged, the longer period applies. A late fee is charged only once for each late payment.

3. Security deposit

The Tenant will pay a security deposit of [Security deposit] (the "Deposit") on or before the first day of the Term. The Landlord will hold the Deposit, pay any interest on it and give the Tenant any notice about it, as the law that applies to the Property requires.

The Landlord may apply the Deposit only to:

(a) rent and other amounts that the Tenant owes under this Lease and has not paid;

(b) the cost of repairing damage to the Property beyond normal wear that the Tenant, an occupant, a guest or an animal kept by the Tenant caused;

(c) the cost of cleaning needed to return the Property to the condition it was in at the start of the Term, apart from normal wear; and

(d) any other charge that the law allows a security deposit to be used for.

After the Tenant moves out, the Landlord will return the Deposit, less any deductions the law allows, together with a written list of the deductions, within the time the law requires. The Tenant may not treat the Deposit as the last month's rent unless the Landlord agrees in writing.

4. Utilities and services

The Tenant will arrange and pay for the following utilities and services at the Property:

[Utilities and services the tenant pays for]

The Landlord will pay for every other utility and service supplied to the Property.

5. Occupants, guests and subletting

Only the Tenant and the following people may live at the Property: [Other people who will live in the home]. A child who is born to, adopted by or placed in the care of the Tenant during the Term may also live there.

The Tenant may have guests. A guest may not stay more than [Nights a guest may stay in a month] nights in any calendar month without the Landlord's written consent. The Tenant is responsible for the conduct of occupants and guests at the Property.

The Tenant will not sublet any part of the Property, transfer this Lease to someone else or offer the Property for short-term rental without the Landlord's written consent. Where the law that applies to the Property gives a tenant a right to sublet or to transfer a lease, or limits the reasons a landlord may refuse, that law applies.

If more than one person signs this Lease as Tenant, each of them is responsible, individually and together with the others, for the full rent and for every other duty of the Tenant under this Lease.

6. Use of the Property

The Tenant will use the Property only as a private home. The Tenant will follow the laws that apply to people living there and any written rules for the building or community that the Landlord gave the Tenant before the Tenant signed this Lease.

The Tenant, occupants and guests will not disturb the neighbors' quiet use of their homes, will not use the Property for any illegal activity, and will not keep anything there that creates a fire or safety hazard.

The rule on smoking and vaping at the Property is: [Smoking and vaping rule].

The Landlord will not interfere with the Tenant's quiet use of the Property, except as this Lease and the law allow.

7. Pets and assistance animals

The Tenant will not keep an animal at the Property without the Landlord's written consent or a pet addendum signed by both parties.

An assistance animal, meaning a service animal or a support animal that the law entitles a person with a disability to keep, is not a pet under this section. The Landlord will consider a request for an assistance animal as the law requires and will not charge a pet deposit, pet rent or a pet fee for one.

The Tenant is responsible for damage beyond normal wear that any animal kept by the Tenant causes.

8. Care, repairs and alterations

The Landlord will keep the Property fit to live in and in line with the housing, building and health codes that apply to it, will keep the systems and appliances that the Landlord supplies in working order, and will make the repairs the law requires within a reasonable time after learning that they are needed.

The Tenant will keep the Property clean, dispose of trash properly, use the plumbing, electrical, heating and cooling systems and the appliances as they are meant to be used, and not remove or disable a smoke alarm or carbon monoxide alarm. The Tenant will tell the Landlord promptly, in writing where possible, about any damage, leak, pest, mold or needed repair.

The Tenant will pay the reasonable cost of repairing damage beyond normal wear that the Tenant, an occupant or a guest causes. The Tenant is not responsible for normal wear or for damage that none of them caused.

The Tenant will not paint, install fixtures, change or add locks, or make other alterations without the Landlord's written consent, except where the law gives a tenant the right to do so. Hanging pictures with small nails is allowed.

Nothing in this Lease limits the rights the law gives the Tenant when a required repair is not made.

9. The Landlord's right to enter

The Landlord, or someone acting for the Landlord, may enter the Property to inspect it, to make repairs or improvements, to supply agreed services, and to show it to possible buyers, lenders, contractors or future tenants.

The Landlord will give the Tenant at least [Hours of notice before the landlord enters] hours' notice before entering and will enter at reasonable times. In an emergency, such as a fire or a serious leak, the Landlord may enter without notice. Where the law that applies to the Property requires more notice or sets other limits on entry, the Landlord will follow it.

The Tenant will not unreasonably refuse entry that meets this section. The Landlord will not use the right to enter to harass the Tenant.

10. Renter's insurance

The Landlord's insurance does not cover the Tenant's belongings. It also does not cover the liability of the Tenant for injury or damage to others. The Landlord recommends that the Tenant buy renter's insurance for the Term.

The Landlord is responsible for loss of or damage to the Tenant's belongings only where the law makes the Landlord responsible, for example where the Landlord's negligence caused it.

11. Default

If the Tenant does not pay rent when it is due or breaks another term of this Lease, the Landlord will give the Tenant written notice of the problem and the time to correct it that the law that applies to the Property provides. If the problem is not corrected in that time, or is one that the law does not require a landlord to let a tenant correct, the Landlord may end this Lease as the law allows.

The Landlord will recover possession of the Property only through the court process that the law provides. The Landlord will not lock the Tenant out, remove the Tenant's belongings, take off doors or windows, or shut off utilities, to make the Tenant leave.

If the Tenant moves out before the Term ends, without a legal right to do so and without the Landlord's agreement, the Tenant remains responsible for the rent until the Term ends or a new tenant starts paying rent, whichever comes first. The Landlord will make reasonable efforts to rent the Property again.

If the Landlord breaks this Lease, the Tenant has the rights the law provides. The Tenant may end this Lease early in any situation where the law gives a tenant that right. Nothing in this Lease gives up a right that the law does not allow a tenant or a landlord to give up.

12. End of the term and moving out

This Lease ends on the last day of the Term. A party who does not plan to renew will tell the other in writing at least [Days of notice before the term ends] days before the Term ends. Where the law that applies to the Property limits a landlord's right to end or not renew a tenancy, or requires longer notice, that law applies.

If the Tenant stays in the Property after the Term ends with the Landlord's consent, and the parties have not signed a renewal or a new lease, the tenancy continues from month to month on the terms of this Lease. Either party may then end it by giving the other at least [Days of notice before the term ends] days' written notice, or any longer notice the law requires.

When the tenancy ends, the Tenant will move out, remove all belongings and trash, leave the Property clean and in the condition it was in at the start of the Term apart from normal wear, return all keys and access devices, and give the Landlord a forwarding address in writing.

The Landlord will offer any move-out inspection the law requires, will return the Deposit as the section on the security deposit says, and will deal with any belongings left behind as the law requires.

13. Disclosures

The Landlord gives the Tenant the following disclosures, and attaches the following documents, that the law that applies to the Property requires:

[Disclosures and attached documents]

If the Property was built before 1978, the Landlord has given the Tenant the federal lead-based paint disclosure form and the federal pamphlet about lead hazards in the home, and the completed form is attached to this Lease.

14. General terms

The law of the state where the Property is located governs this Lease, together with any local law that applies to the Property.

The Tenant will send notices and repair requests to the Landlord at [Where the tenant sends notices and repair requests]. The Landlord will send notices to the Tenant at the Property. Either party may also use email for everyday messages. A notice that the law requires to be delivered in a particular way will be delivered that way.

The parties also agree to the following additional terms:

[Additional terms]

This Lease, with its attachments, is the whole agreement between the parties about the Property and replaces earlier discussions about it. It can be changed only in writing signed by both parties. If a court finds part of this Lease unenforceable, or a term conflicts with a law that cannot be changed by agreement, the rest remains in effect.

The parties may sign this Lease electronically and in separate copies, which together form one agreement. The Landlord will give the Tenant a copy of the signed Lease.

The Landlord and the Tenant agree to the terms of this Lease.

Landlord

SignatureDate

Name

Title

Tenant

SignatureDate

Name

Check before you send it

A template cannot know your state, your industry or your deal. These are the points most likely to need a change, and the ones to raise with a lawyer.

  • Security deposit. Most states cap the amount and set a deadline for returning it with an itemized list. Many also say where it is held, whether interest is owed and what receipt or notice the tenant gets.
  • Late fees and grace periods. Many states and cities set a minimum grace period and a maximum fee. Fill in numbers that are lawful where the home is; the template's fallback to the legal maximum is not a substitute for checking.
  • Entry notice. States differ on how much notice a landlord gives before entering, for what reasons and at what hours. Put in at least the minimum for your state.
  • Rent control and just cause. Some states and cities limit rent increases, or require a listed reason to end or not renew a tenancy. Where those rules apply they override the lease, and some require their own notice or rider.
  • Required disclosures. The federal lead-based paint form and pamphlet apply to most homes built before 1978. State and city lists vary widely, and leaving one out can carry a penalty or let the tenant end the lease.
  • Registration and licensing. Many cities require a rental license, registration or inspection before a home is rented. In some places an unregistered landlord cannot collect rent or use the eviction court.
  • Fair housing. Federal, state and local laws limit how tenants are chosen and treated, including rules on families with children, disability, assistance animals and, in many places, source of income.

How to send it with SignThis

  1. Fill in the blanks. Choose "Send this for signature". After a short sign-up you are asked for the details: names, dates, amounts. Anything you skip stays a blank line.
  2. Add who signs. Add the Landlord and Tenant, in that order, with their email addresses.
  3. Place the blocks. Detect fields puts signature, date and name blocks on the signing lines. Add a Text block on any blank you want a signer to fill in.
  4. Send. Each person gets a private link and signs in their browser. When the last one signs, everyone receives the sealed PDF and its audit certificate.

To change the wording first, download the Word file, edit it, save it as a PDF and upload that instead.

Questions about the residential lease agreement template

Does a residential lease need to be notarized or witnessed?

A lease of a year or less is generally signed by the landlord and the tenant alone. Some states have extra formalities, such as witnesses, notarization or recording, for longer leases. If your term is longer than a year, check the rule for your state before signing.

Can a lease be signed electronically?

Electronic signatures are widely used for residential leases, and federal and state electronic signature laws generally treat them like handwritten ones. The federal law leaves out some notices connected to a person's home, such as eviction and default notices, and many states set their own delivery rules for them. Signing the lease electronically does not mean every later notice can be sent by email.

What happens when the lease ends and the tenant stays?

Under this template, if the tenant stays with the landlord's consent and no renewal or new lease is signed, the tenancy continues month to month on the same terms. Either side can then end it with the notice written in the lease, or longer notice if the law requires it. In places with just-cause rules the landlord may also need a listed reason.

How do I add a second tenant or a co-signer?

Put every tenant's name in the Tenant blank. The template prints one signing block for the Tenant, so add each additional tenant as a signer and place signing blocks for them in the editor before sending. A co-signer who will not live in the home is a different matter: this template has no co-signer terms, so that needs its own agreement.

Can I change the wording?

Yes. The text is a starting point. To change the wording, download the Word file, edit it, save it as a PDF and upload that to send it. If you only need to fill in the blanks, use "Send this for signature", which asks for them first. Before removing a clause, read its note: several of them restate duties the law imposes whether or not the lease mentions them.