Free Residential Lease Agreement
Residential Lease Agreements are vital legal contracts for managing real estate. Create a comprehensive rental agreement between landlords and tenants today with our step-by-step survey and templates.
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What Is a Lease Agreement
A lease is a contract between a tenant and landlord that allows the tenant to take temporary ownership of the property in exchange for regular rental payments.
Around 100 million Americans live in rental properties, and many of these people have entered into Residential Lease Agreements.
Leases are usually longer-term contracts covering many months or years, and they have set terms that cannot be changed frequently.
A Lease Agreement could also be called:
Home Lease Contract
Rent Lease Agreement
Residential Lease Agreement
A Lease Agreement is a binding legal contract between both parties, and it typically specifies fees, the duration of the lease, and other rules.
While Lease Agreements are for a fixed term, it’s possible for either party to terminate or alter the conditions of a month-to-month lease (with notice).
On the other hand, neither party can change nor end a standard lease early.
Various types of leases can be used depending on the type of property being offered to tenants, including residential, commercial, industrial, advertising, and rent-to-own leases.
In certain cases, a lease contract may also be used for other valuable items such as tools and expensive machinery, this is known as an equipment lease.
Lease Agreement Templates by State
Difference Between a Lease and a Rental Agreement
In general, a Rental Agreement and a Lease Agreement cover similar terms and conditions.
However, it is critical to understand the key difference between them to know which legal document to sign with your tenant.
The biggest difference between a Lease Agreement and a Rental Agreement is the length of the contract.
In most cases, a lease allows the tenant to live in a property with the conditions set for a year or more.
A Rental Agreement on the other hand is a rolling contract that is renewed after each rental term has lapsed, usually on a month-to-month or week-to-week basis.
How to Write a Lease Agreement
A Residential Lease Agreement or a Rental Agreement between a landlord and tenant can potentially run for many months or years.
Therefore, it is essential to not leave out any terms, conditions, or information. Failing to include any of these details could lead to problems such as nonpayment of rent or evicting the tenant for whatever motive.
The names and addresses of the landlord, property manager (if applicable), and tenant(s).
The location and description of the residential premises that are to be leased.
The duration of the lease.
How often rent must be paid.
The amount of rent that must be paid for each new rental term.
Details on how much must be paid for the security deposit.
The key terms outlining how the property may and may not be used e.g. whether pets can be kept.
Information on which party is responsible for repairs and maintenance.
Any additional fees or service payments that the tenant must pay on a regular basis.
The rules on how either party must act if the agreement ends early. For example, if an eviction notice is served.
Remember, a Rental or Lease Agreement must conform to the landlord tenant laws in your state. When filling out the template, remember to keep this in mind.
Use LawDistrict’s step-by-step Rental and Lease Agreement template toolto easily select the correct form for your state.
Parties in a Lease Agreement
There are usually two key parties bound by a Lease Agreement contract. The landlord and the tenant. However, there are occasionally other stakeholders who might need to be factored in.
One such example is a property manager or rental agent. Landlords with multiple properties or rental units will often entrust the administration of their portfolio to a third party. These professionals act as an intermediary between the landlord and the tenant.
In some cases, if the property is managed by an agency or hired employee of the landlord, it will also be necessary to include them in the Lease Agreement. They will often sign the contract on behalf of the landlord if they have been authorized to do so.
Security Deposit Laws (by State)
Most rental properties are secured by a monetary deposit made by the tenant at the start of the agreement. Each state has its own rules on what landlords may and may not charge for this security payment.
Below you’ll find information on how much a landlord can legally demand a deposit and how quickly they must return the down payment once the agreement reaches its natural end or is terminated by agreement.
|State||Maximum Deposit Amount||Return Time|
|Alabama||1 month’s rent||60 days from termination and delivery of possession
Law: § 35-9A-201
|Alaska||2 months’ rent||14 days if the tenant moves out on time, 30 days if not
Law: § AS 34.03.070
|Arizona||1.5 months’ rent||14 days from move-out inspection (excluding weekends and holidays)
Law: § 33-1321
|Arkansas||2 months’ rent||60 days from termination
Law: § 18-16-304
|California||2 months’ rent (unfurnished), 3 months’ rent (furnished)||60 days from the move-out date
Law: § 1950.5(c)
|Colorado||No limit||1-month if mentioned in the lease, 2 months if not
Law: § 38-12-103 (2016)
|Connecticut||1 month’s rent (62 years or older)
2 months’ rent (less than 62 years old)
|30 days from the move-out date or 15 days from receiving the tenant’s new
Law: § 47a-21(b)
|Delaware||1 month’s rent (1-year leases), no limit (all non-1-year leases)||20 days from termination
Law: § 5514(a)(2)
|Florida||No limit||30 days if deductions, 15 days if no deductions
Law: § 83.49
|Georgia||No limit||1 month from termination
Law: § 44-7-30
|Hawaii||1 month’s rent (excluding pet fee)||14 days from termination
Law: § 521-44(5)(b)
|Idaho||No limit||30 days if stated in the lease, 21 days if not
Law: § 6-321
|Illinois||No limit||30 days if deductions, 45 days if no deductions|
|Indiana||No limit||45 days from termination
Law: § 32-31-3-12
|Iowa||2 months’ rent||30 days after the tenant has vacated
Law: § 562A.12(1)
|Kansas||1 month’s rent (unfurnished), 1.5 months’ rent (furnished)||30 days from termination
Law: § 50-2550
|Kentucky||No limit||60 days from the lease termination date
Law: § 383.580
|Louisiana||No limit||1 month from termination
Law: § RS 9:3251
|Maine||2 months’ rent||30 days if the lease is fixed-period, 21 days if tenancy-at-will
Law: § 6032
|Maryland||2 months’ rent||45 days from termination
Law: § 8-203(i)(3)
|Massachusetts||1 month’s rent||30 days after the tenant has vacated
Law: § 15B(b)(3)
|Michigan||1.5 months’ rent||30 days from move-out
Law: § 554-602
|Minnesota||No limit||3 weeks from termination
Law: § 504B.178
|Mississippi||No limit||45 days from the end of tenancy
Law: § 89-8-21
|Missouri||2 months’ rent||30 days from the termination of tenancy
Law: § 535.300
|Montana||No limit||30 days if deductions, 10 days if no deductions
Law: § 70-25-201
|Nebraska||1 month’s rent (excluding pet fee)||14 days from move-out
Law: § 76-1416
|Nevada||3 months’ rent||30 days from the end of tenancy
Law: § 118A.242
|New Hampshire||1 month’s rent or $100, whichever is greater||30 days, 20 days if the property is shared with the landlord
Law: § 540-A:6(1)(a)
|New Jersey||1.5 months’ rent||30 days from termination
Law: § 46:8-21-2
|New Mexico||1 month’s rent (leases of 1-year and under), no limit (leases more than 1-year)||30 days from termination
Law: § 47-8-18(1)
|New York||1 month’s rent unless the deposit or advance is for a seasonal use dwelling unit||14 days from move-out
Law: § 7-108
|North Carolina||2 months’ rent, for tenancy-at-will only 1.5 months’ rent||30 days if no deductions, if deductions then an additional 30 days
Law: § 42-51(b)
|North Dakota||1 month’s rent (no pets) 2 months’ rent (with pets)||30 days from termination
Law: § 47-16-07.1
|Ohio||No limit||30 days from termination
Law: § 5321-16
|Oklahoma||No limit||45 days from termination
Law: § 415-115
|Oregon||No limit||31 days from termination
Law: § 90-300
|Pennsylvania||2 months’ rent||30 days from termination
Law: § 250.511a
|Rhode Island||1 month’s rent||20 days from termination
Law: § 34-18-19
|South Carolina||No limit||30 days from termination
Law: § 27-40-410
|South Dakota||1 month’s rent||14 days if no deductions, 45 days if deductions
Law: § 43-32-6.1
|Tennessee||No limit||30 days from termination
Law: § 66-28-301
|Texas||No limit||30 days from move-out
Law: § PROP 92-102
|Utah||No limit||30 days from termination
Law: § 57-171
|Vermont||No limit||14 days, 60 days if a seasonal property
Law: § 137-4461
|Virginia||2 months’ rent||45 days from termination or the date the tenant vacates the dwelling
unit, whichever occurs last
Law: § 55.1-1226(A)
|Washington||No limit||21 days from move-out
Law: § 59.18.280
|West Virginia||No limit||60 days unless the property is re-rented within 45 days, then immediately
|Wisconsin||No limit||21 days from vacancy date
Law: § 704.28
|Wyoming||No limit||30 days from lease termination or 15 days from receiving the tenant’s
forwarding address, whichever is lesser
Law: § 1-21-1208
Lease disclosures and addendums
There are several important documents you should be aware of prior to and during the signing of the agreement.
Before the tenant’s occupancy begins, you may be obligated to disclose certain information to them.
For example, if the rental property was constructed before 1978 you must provide a Lead Based Paint Disclosure Form to the incoming renter if the substance is found on the property.
You can also add changes (or addendums) to the contract, for example, raising the price of rent.
The tenant must be given formal notice in with a Rent Increase Notice. This document must be given with a certain amount of notice based on the state where the property is found.
During the tenancy, if the tenant fails to make rental payments, you can take action. Send a Late Rent Notice to the tenant and if they continue to fail to pay, you can begin eviction proceedings.
Lease Agreement Sample
When you prepare your Residential Lease Agreement, it can be hard to know where to begin if you don’t have a clear idea of what the final document will look like.
If you need a little extra guidance on how your final contract will appear, simply review our Lease Agreement sample below.
Other Real Estate Documents
In addition to Lease Agreements for tenants and landlords, there are several other legal documents that can be useful for landlords. If you are currently renting out a piece of real estate, or plan to do so in the future, it’s worth looking into the below forms:
Lease Agreement FAQs
Residential Lease Agreements contain many intricate details and must be written with care. If you’re still unsure of what steps you may need to take to complete your document or what info you need to get down on paper, read our FAQs below for more information.
What Happens if a Tenant Violates a Lease?
If a Lease Agreement is violated by a tenant, the landlord may have the right to terminate the contract with the resident and to serve an eviction notice.
If this happens, most contracts and state laws require the landlord to serve a “cure or quit” notice, which requires the tenant to correct the violation or leave within a set period.
However, in some states, more serious violations involving property damage and illegal activity on the property could lead to the instant termination of a contract.
It is therefore important to review your local property legal codes to determine in what situations you are entitled to cancel the contract immediately or when a notice period must be given.
Do I Need to Notarize My Residential Lease Agreement?
Usually, a Residential Lease Agreement doesn’t need to be notarized or witnessed according to most state and federal laws. Yet, it is still recommended as a means of combatting fraud.
Signing a residential lease agreement in front of witnesses or a notary public ensures that all parties are seen to be fully aware of the terms of the contract being signed. Furthermore, it ensures that both the tenant and landlord are who they say they are and also makes the document and signatures harder to falsify.
What Happens When a Residential Lease Ends?
When a Residential Lease ends the landlord and tenant have the option to either continue with their current agreement or to end it permanently.
In most situations, the landlord may adjust some contract conditions, such as the amount of rent that’s paid during each rental term. The tenant then has the option to accept the new contract or leave the property within a certain amount of time.
However, sometimes this is not an option as the landlord may no longer wish to rent the property to the tenant. If this occurs a lease termination eviction notice will usually be served.
Yet be aware, if a landlord continues to collect rent for rental terms after the contract has ended you will enter a lease holdover situation and not have the right to evict the tenant legally. You will instead have to wait until the rental term that has been paid for has ended.
How To Write a Lease Termination Letter?
If you are a landlord and you wish to end your rental contract with a tenant you should first send the renter a lease termination letter. This clearly states your desire to end the tenancy.
The letter must contain the following information:
The start date and the termination date of the contract
How many days’ notice is being given of the lease termination
The reason that the contract will not be continued
Where the security deposit can be paid (if a tenant is ending the tenancy)
Either a landlord or tenant can write this letter to indicate a desire to end a Residential Lease Agreement or a rental agreement. However, if the renter wishes to end the contract early the landlord may still hold them to the full term unless there are clear early termination clauses that allow the agreement to be ended early.
Where Can I Get a Lease Agreement Form?
A lawyer can provide you with a Lease Agreement document, however this is a costly option.
A Lease Agreement form can be created, customized, and completed online using LawDistrict’s step-by-step legal document making tools.
Draft a Rental Agreementin minutes with our valid legal template.
All you need to do is follow the state-specific guided instructions and enter the precise information for your rental property and prospective tenant.
- What Is a Lease Agreement
- Lease Agreement Templates by State
- Difference Between a Lease and a Rental Agreement
- How to Write a Lease Agreement
- Security Deposit Laws (by State)
- Lease Agreement Sample
- Other Real Estate Documents
- Lease Agreement FAQs