Lease Essentials: 15 Clauses Every Landlord Should Include

A lease is the rulebook for the tenancy. A clear one prevents most disputes, and a vague one creates them. Use a form built for your state, because many states require specific disclosures and limit what a lease can say. Here are the clauses most good leases include.

The 15 clauses

1. Parties and property. Names of all adult tenants, the landlord, and the full address of the unit.
2. Term. The start and end dates, and whether it becomes month-to-month after.
3. Rent. The amount, due date, where and how to pay, and any grace period.
4. Late fees and returned payments. The amounts and when they apply, within your state’s limits. See how to collect rent.
5. Security deposit. The amount, where it is held, conditions for return, and how deductions work. See security deposit rules.
6. Use of the property. Residential use only, and compliance with laws and any HOA rules.
7. Occupants. Who may live there, and limits on guests who stay long-term.
8. Utilities and services. Which ones the tenant pays and which you cover.
9. Maintenance and repairs. How to report issues, what the tenant must keep clean, and who handles things like lawn care or filters. See maintenance requests.
10. Landlord entry. The notice you will give before entering, and emergency exceptions, consistent with state law.
11. Pets and assistance animals. Your pet policy, fees where lawful, and a note that assistance animals are handled under fair housing law. See fair housing.
12. Smoking and prohibited activity. Your smoking policy and a ban on illegal activity and nuisances.
13. Subletting and assignment. Whether it is allowed, and only with written consent if so.
14. Alterations. No painting, drilling, or changes without written permission.
15. Default and termination. What counts as a violation, the cure period, and how a tenancy ends, including notice requirements.

Required disclosures

Depending on location, you may need to include or provide:

• Lead-based paint disclosure, a lead warning statement, and the EPA pamphlet for most housing built before 1978 (a federal requirement with limited exemptions; see the EPA’s disclosure rule)
• Mold, bed bug, or flood history disclosures
• Rent control or registration notices
• Landlord or agent contact details
• Information about how deposits are held

Check your state and city for the exact list.

Also include

• Renter’s insurance. Many landlords require tenants to carry it, where state and local law allow, which protects the tenant’s belongings and adds liability coverage.
• Move-in condition checklist. Attach it to the lease, signed by both parties.
• Joint and several liability. For multiple tenants, this lets you collect full rent from any one of them, where the state allows it.
• Governing law and severability. If one clause is invalid, the rest remain.

Practical tips

• Write in plain language and walk through key terms with the tenant.
• Give every tenant a signed copy.
• Fill every blank; strike through what does not apply and initial.
• Keep the original and all amendments together.

A strong lease will not replace good screening, but it gives you something solid to stand on when issues arise.

Related guides

• Lease Renewal vs. Month-to-Month: Which to Offer Your Tenant
• Pet Policies and Pet Deposits for Landlords
• Roommates and Co-Signers: How to Handle Them as a Landlord