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A rental lease agreement is the written contract for renting an apartment. This guide lists the clauses a lease needs and each state's deposit, entry and notice rules. Landlords and tenants need one, especially for a fixed term or a month-to-month apartment rental.
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A rental lease agreement is a contract in which a landlord lets a tenant occupy a home, apartment or other property for rent, on terms both sign. The agreement names the parties, describes the premises and sets the rent, the term and the rules of use. Apartment lease forms are one kind of rental lease agreement: they cover a single unit in a larger building.
The form uses a few core terms:
This document goes by several names, including rental agreement, lease agreement, contract of lease, and tenancy agreement. They all describe the same kind of contract between a landlord and a tenant.
A lease agreement runs for a fixed term with a set end date, while a rental agreement usually runs period to period, often month to month, and renews until one party gives notice. Both documents are contracts between a landlord and a tenant, and both contain the same core clauses.
The difference shows up in three places:
A contract for deed is a sale on installments, not a rental. The seller keeps the title until the buyer finishes the payments, and the buyer builds toward ownership. A lease gives the tenant only the right to occupy the property for the term.
A residential lease covers a home for private living, with clauses on occupants, pets and upkeep. A commercial lease covers a store, office or warehouse used for business. The commercial lease usually carries more negotiated terms, such as opening hours in a mall, signage and who pays for building costs.
A residential lease agreement takes one of five common forms, set by how long the tenant stays and how the rent is paid: fixed-term, month-to-month, sublease, proprietary (co-op) and rent-to-own. Each form changes the term, renewal and ownership clauses.
A fixed-term lease rents the whole unit for a set period, commonly a year for apartments, houses and condominiums. The lease ends on its end date unless the parties sign a renewal. An early move-out can cost the tenant rent for the rest of the term or part of the deposit, as the lease provides.
A month-to-month rental agreement renews each month until the landlord or the tenant gives written notice. Searchers often call it a 30-day rental agreement, after the most common notice period. The notice each state sets is in the table Notice to end a month-to-month lease by state below.
A sublease lets a tenant rent all or part of the unit to another person. The original tenant stays bound to the landlord under the main lease, so the sublease should match its terms. Most leases address subletting in their own clause, so the original lease is the first document to check.
A proprietary lease is used in a housing cooperative. The resident buys shares in the corporation that owns the building and receives a lease for one unit. The co-op collects monthly charges and manages the building.
A rent-to-own agreement combines a lease with an option or duty to buy the home later. The agreement states the purchase price, the term and whether part of each rent payment counts toward the price. The title passes to the tenant only after the purchase closes.
A business lease covers commercial space or equipment, and its payment scheme often ties into financing, taxes or company operations. The common types are below.
Three related documents change or end an existing lease:
| Related document | When to use it |
|---|---|
| Lease Renewal Agreement | Extends the lease without changing its other terms. |
| Notice of Lease Non-renewal | Tells the other party that the lease will not be extended. |
| Rent Increase Notice | Tells the tenant the new rent amount and when it starts. |
An apartment lease agreement includes the parties, the premises, the term, the rent, the security deposit and the rules of use, followed by signatures and any disclosures. The clauses below are the ones a reader checks first.
The first paragraph names the landlord and every adult tenant, each called a party. The premises clause gives the full address, the unit number, parking spaces and storage. The occupants clause lists everyone else who will live in the unit.
The term clause states the start date, the end date or the renewal period, and how either party ends the lease. The termination clause covers notice, early move-out and the condition the tenant returns the unit in.
The rent clause states the monthly amount in numbers and words, the due date, the place and method of payment and any grace period. A partial first month is prorated by the days the tenant occupies the unit. A late fee clause names the fee; the table lists the late fee caps for the jurisdictions below, each with its section.
| Jurisdiction | Late fee cap | Section |
|---|---|---|
| Colorado | The greater of fifty dollars or five percent of the past due rent payment | Colo. Rev. Stat. § 38-12-105 |
| District of Columbia | No more than 5% of the full rent due | D.C. Code § 42-3505.31 |
| Maryland | No more than 5% of the unpaid rent due for the rental period | Md. Code, Real Prop. § 8-208 |
| New Mexico | Not more than ten percent of the total rent for each rental period in default, if the rental agreement provides for a late fee | N.M. Stat. Ann. § 47-8-15 |
| Nevada | Not more than 5 percent of the periodic rent | Nev. Rev. Stat. § 118A.210 |
| Texas | 12 percent of the rent for a structure of not more than four units; 10 percent for a structure of more than four units | Tex. Prop. Code § 92.019 |
The deposit clause states the amount, what it secures and how it comes back after move-out. Oregon bars a pet security deposit for a service or companion animal that a tenant with a disability requires as a reasonable accommodation (Or. Rev. Stat. § 90.300). Caps and return deadlines are in the deposit table.
The utilities clause says which party pays water, power, gas, trash and internet, and how a shared meter is split. The maintenance clause divides upkeep such as yard work, filters and repairs. A furnishings list records the furniture and appliances that stay with the unit.
The rules clause covers pets, smoking, guests, noise, parking, common areas and alterations. An alterations clause usually asks for the landlord's written consent before painting or building work. A guarantor clause names a person who pays if the tenant does not.
In Nevada, a written agreement for the use and occupancy of a dwelling unit must be signed by the landlord or the landlord's agent and the tenant or the tenant's agent (Nev. Rev. Stat. § 118A.200). The Nevada landlord gives the tenant one copy free of cost when the agreement is executed (Nev. Rev. Stat. § 118A.200). In Colorado, the landlord provides a copy signed by both parties no later than the seventh day after the tenant signs (Colo. Rev. Stat. § 38-12-801).
A lease of target housing carries a lead-based paint disclosure: the lessor gives the lessee a lead hazard information pamphlet and discloses any known lead-based paint or lead-based paint hazards (42 U.S.C. § 4852d). Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling, unless a child under 6 years of age resides or is expected to reside there (42 U.S.C. § 4851b). The disclosure is attached to the lease as a separate form, such as the lead-based paint disclosure.
The security deposit table gives the cap on the deposit and the deadline to return it for each state listed, with the section for each row. "Not listed" means this table gives no cap for that state; the return deadline still applies. Kentucky, Tennessee and states missing from the table are not covered here.
| State | Deposit cap | Return deadline | Section |
|---|---|---|---|
| Alabama | One month's periodic rent, apart from amounts for pets, changes to the premises or increased liability risks | 60 days after the tenancy ends and possession is delivered | Ala. Code § 35-9A-201 |
| Alaska | Two months' periodic rent | 14 days after the tenancy ends and possession is delivered, if notice under AS 34.03.290 was given and no costs are deducted; 30 days when costs are deducted | Alaska Stat. § 34.03.070 |
| Arizona | One and one-half month's rent, prepaid rent included | 14 days, excluding Saturdays, Sundays and legal holidays, after the tenancy ends, possession is delivered and the tenant demands it | Ariz. Rev. Stat. § 33-1321 |
| Arkansas | Two months' periodic rent | 60 days after the tenancy ends | Ark. Code Ann. § 18-16-304; Ark. Code Ann. § 18-16-305 |
| California | One month's rent plus the first month's rent paid at move-in; two months' rent for a landlord who meets both conditions of the section | 21 calendar days after the tenant vacates | Cal. Civ. Code § 1950.5 |
| Colorado | Two monthly rent payments | One month after the lease ends or the premises are surrendered and accepted, whichever is last; up to sixty days if the lease says so | Colo. Rev. Stat. § 38-12-102.5; Colo. Rev. Stat. § 38-12-103 |
| Connecticut | Two months' rent for a tenant under sixty-two; one month's rent for a tenant sixty-two or older | 21 days after the tenancy ends or 15 days after written notice of the tenant's forwarding address, whichever is later | Conn. Gen. Stat. § 47a-21 |
| Delaware | 1 month's rent where the rental agreement is for 1 year or more; furnished units are not capped | 20 days after the rental agreement ends or expires, with an itemized list of damages | 25 Del. C. § 5514; Del. Code Ann. tit. 25, § 5514(f) |
| Florida | Not listed | 15 days after the rental agreement ends, when the landlord makes no claim on the deposit | Fla. Stat. § 83.49 |
| Georgia | Not listed | 30 days after the landlord obtains possession | O.C.G.A. § 44-7-34 |
| Hawaii | One month's rent, plus an agreed amount for pet damage where a pet is allowed | 14 days after the rental agreement ends | Haw. Rev. Stat. § 521-44 |
| Idaho | Not listed | 21 days if the agreement fixes no time, and in any event 30 days after the tenant surrenders the premises | Idaho Code § 6-321 |
| Illinois | Not listed | A deposit is kept for damage only with an itemized statement within 30 days after the tenant vacates or the right of possession ends, whichever is later | 765 ILCS 710/1 |
| Indiana | Not listed | Itemized notice and the balance not more than 45 days after the rental agreement ends and possession is delivered | Ind. Code 32-31-3-12(a) |
| Iowa | Two months' rent | 30 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions | Iowa Code § 562A.12 |
| Kansas | One month's periodic rent for an unfurnished unit | No more than 30 days after the tenancy ends, possession is delivered and the tenant demands it | Kan. Stat. Ann. § 58-2550 |
| Louisiana | Not listed | One month after the lease ends, for the part the landlord may not retain | La. Rev. Stat. § 9:3251 |
| Maine | The rent for 2 months | Under a written rental agreement, the time it states, not more than 30 days | Me. Rev. Stat. tit. 14, § 6032; Me. Rev. Stat. tit. 14, § 6033(2)(A) |
| Maryland | 1 month's rent per dwelling unit, regardless of the number of tenants | 45 days after the tenancy ends | Md. Code, Real Prop. § 8-203 |
| Massachusetts | An amount equal to the first month's rent | 30 days after occupancy ends under a tenancy at will or the tenancy ends under a written lease | Mass. Gen. Laws ch. 186, § 15B |
| Michigan | 1 1/2 months' rent | Itemized list of damages mailed within 30 days after occupancy ends | Mich. Comp. Laws § 554.602; Mich. Comp. Laws § 554.609 |
| Minnesota | Not listed | Three weeks after the tenancy ends | Minn. Stat. § 504B.178 |
| Mississippi | Not listed | 45 days after the tenancy ends, possession is delivered and the tenant demands it | Miss. Code Ann. § 89-8-21 |
| Missouri | Two months' rent | 30 days after the tenancy ends: the full deposit or an itemized list of damages | Mo. Rev. Stat. § 535.300 |
| Montana | Not listed | Written statement within 30 days after the tenancy ends or the premises are surrendered and accepted, whichever is first | Mont. Code Ann. § 70-25-202 |
| Nebraska | One month's periodic rent, plus a pet deposit of up to one-fourth of one month's rent | 14 days after the tenancy ends | Neb. Rev. Stat. § 76-1416 |
| Nevada | 3 months' periodic rent, deposit and surety bond combined, last month's rent included | 30 days after the tenancy ends | Nev. Rev. Stat. § 118A.242; Nev. Rev. Stat. § 118A.242(4) |
| New Hampshire | One month's rent or $100, whichever is greater | 30 days after the tenancy ends | N.H. Rev. Stat. Ann. § 540-A:6; RSA 540-A:7, I |
| New Jersey | 1 1/2 times 1 month's rent | 30 days after the lease ends | N.J.S.A. 46:8-21.2; N.J.S.A. 46:8-21.1 |
| New Mexico | One month's rent for a rental agreement of less than one year | Itemized list within 30 days after the agreement ends or the resident departs, whichever is later | N.M. Stat. Ann. § 47-8-18 |
| New York | One month's rent, except seasonal use units and owner-occupied cooperative apartments | 14 days after the tenant vacates, with an itemized statement | N.Y. Gen. Oblig. Law § 7-108 |
| North Dakota | One month's rent; up to two months' rent from an individual convicted of a felony offense or with a judgment entered against them for violating a previous rental agreement | 30 days after the lease ends and possession is delivered | N.D.C.C. § 47-16-07.1 |
| Ohio | Not listed | 30 days after the rental agreement ends and possession is delivered | Ohio Rev. Code Ann. § 5321.16 |
| Oklahoma | Not listed | 45 days after the tenancy ends, possession is delivered and the tenant demands it in writing | Okla. Stat. tit. 41, § 115 |
| Oregon | Not listed | 31 days after the tenancy ends and the tenant delivers possession | Or. Rev. Stat. § 90.300 |
| Pennsylvania | Two months' rent during the first year of a lease | Written list of damages within thirty days after the lease ends or the premises are surrendered and accepted, whichever is first | 68 P.S. § 250.511a; 68 P.S. § 250.512 |
| Rhode Island | One month's periodic rent | 20 days after the latest of the tenancy's end, delivery of possession or the tenant's forwarding address | R.I. Gen. Laws § 34-18-19 |
| South Carolina | Not listed | 30 days after the tenancy ends and possession is delivered and the tenant demands it, whichever is later | S.C. Code Ann. § 27-40-410 |
| South Dakota | One month's rent, unless a larger deposit is agreed where special conditions pose a danger to maintenance of the premises | 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions | S.D. Codified Laws § 43-32-6.1; S.D. Codified Laws § 43-32-24 |
| Texas | Not listed | On or before the 30th day after the tenant surrenders the premises | Tex. Prop. Code § 92.103 |
| Utah | Not listed | 30 days after the renter vacates and returns possession | Utah Code § 57-17-3 |
| Vermont | Not listed | 14 days after the tenant vacates, or after the landlord discovers the tenant vacated or abandoned the unit | 9 V.S.A. § 4461 |
| Virginia | Two months' periodic rent | 45 days after the tenancy ends or the tenant vacates, whichever is last | Va. Code Ann. § 55.1-1226 |
| Washington | Not listed | 30 days after the rental agreement ends and the tenant vacates | Wash. Rev. Code § 59.18.280 |
| West Virginia | Not listed | 60 days after the tenancy ends, or 45 days after a new tenant moves in, whichever is shorter | W. Va. Code § 37-6A-1 |
| Wisconsin | Not listed | 21 days after the events the section lists | Wis. Stat. § 704.28 |
| Wyoming | Not listed | 30 days after the rental agreement ends or 15 days after receipt of the renter's new mailing address, whichever is later | Wyo. Stat. Ann. § 1-21-1208 |
Each row of this table gives one rule as written, with its conditions, its hours where the section sets them, and its section. A state missing from the table is not covered here.
| State | Notice before entry | Section |
|---|---|---|
| Alabama | At least two days' notice, except in an emergency, under a court order or where the landlord reasonably believes the tenant abandoned the premises | Ala. Code § 35-9A-303 |
| Alaska | At least 24 hours' notice, entry only at reasonable times, except in an emergency or where impracticable | Alaska Stat. § 34.03.140 |
| Arizona | At least two days' notice, entry only at reasonable times, except in an emergency or where impracticable | Ariz. Rev. Stat. § 33-1343 |
| California | 24 hours' notice is presumed reasonable, with reasonable written notice and entry during normal business hours | Cal. Civ. Code § 1954 |
| Connecticut | Reasonable written or oral notice, entry only at reasonable times, except in an emergency | Conn. Gen. Stat. § 47a-16 |
| Delaware | At least 48 hours' notice, except for repairs the tenant requested; entry only between 8:00 a.m. and 9:00 p.m. | 25 Del. C. § 5509 |
| Florida | At least 24 hours' notice for repairs, with entry between 7:30 a.m. and 8:00 p.m. | Fla. Stat. § 83.53 |
| Hawaii | At least two days' notice, entry during reasonable hours, except in an emergency or where impracticable | Haw. Rev. Stat. § 521-53 |
| Indiana | Reasonable written or oral notice | Ind. Code 32-31-5-6 |
| Iowa | At least 24 hours' notice, entry only at reasonable times, except in an emergency or where impracticable | Iowa Code § 562A.19 |
| Kansas | Reasonable notice, entry at reasonable hours | Kan. Stat. Ann. § 58-2557 |
| Kentucky | At least two days' notice, in a city or county that has enacted the Uniform Residential Landlord and Tenant Act | Ky. Rev. Stat. § 383.615 |
| Maine | 24 hours' notice is presumed reasonable | Me. Rev. Stat. tit. 14, § 6025 |
| Maryland | Written notice at least 24 hours in advance | Md. Code, Real Prop. § 8-221 |
| Minnesota | A good faith effort at reasonable notice of not less than 24 hours, except as subdivision 4 of the section provides | Minn. Stat. § 504B.211 |
| Montana | At least 24 hours' notice, entry only at reasonable times, except in an emergency or where impracticable | Mont. Code Ann. § 70-24-312 |
| Nebraska | At least 24 hours' written notice | Neb. Rev. Stat. § 76-1423 |
| Nevada | At least 24 hours' notice, entry at reasonable times during normal business hours, except in an emergency | Nev. Rev. Stat. § 118A.330 |
| New Hampshire | The tenant's prior consent, except to make emergency repairs | N.H. Rev. Stat. Ann. § 540-A:3 |
| New Jersey | Reasonable notice, one day under ordinary circumstances, for inspections and repairs in a multiple dwelling; immediate access in safety or structural emergencies | N.J.A.C. 5:10-5.1 |
| New Mexico | 24 hours' written notice unless otherwise agreed; not needed for repairs or services within seven days of the resident's request | N.M. Stat. Ann. § 47-8-24 |
| North Dakota | Notice and the tenant's consent to a set time, which may not be unreasonably withheld, unless impractical | N.D.C.C. § 47-16-07.3 |
| Ohio | 24 hours' notice is presumed reasonable, except in an emergency or where impracticable | Ohio Rev. Code Ann. § 5321.04 |
| Oklahoma | At least one day's notice, entry only at reasonable times, except in an emergency or where impracticable | Okla. Stat. tit. 41, § 128 |
| Oregon | At least 24 hours' actual notice, unless the parties agree otherwise about a specific entry | Or. Rev. Stat. § 90.322 |
| Rhode Island | At least two days' notice, entry only at reasonable times, except in an emergency or where impracticable | R.I. Gen. Laws § 34-18-26 |
| South Carolina | At least 24 hours' notice, entry only at reasonable times, except in the cases the section lists | S.C. Code Ann. § 27-40-530 |
| South Dakota | 24 hours' written notice is presumed reasonable, unless the lease sets other methods or times; reasonable notice is not needed in an emergency or where impracticable | S.D. Codified Laws § 43-32-32 |
| Utah | At least 24 hours' notice, unless the rental agreement provides otherwise | Utah Code § 57-22-4 |
| Vermont | At least 48 hours' notice, entry between 9:00 a.m. and 9:00 p.m. | 9 V.S.A. § 4460 |
| Virginia | At least 72 hours' notice of routine maintenance the tenant did not request; other entry at reasonable times after notice, except in an emergency or where impractical | Va. Code § 55.1-1229 |
| Washington | At least two days' written notice, entry only at reasonable times, except in an emergency or where impracticable | Wash. Rev. Code § 59.18.150 |
| Wisconsin | At least 12 hours' advance notice, unless the tenant consents to a shorter time | Wis. Admin. Code ATCP 134.09 |
Each row of this table gives one rule as written, with who gives the notice, the conditions and the section. A state missing from the table is not covered here.
| State | Notice to end a month-to-month tenancy | Section |
|---|---|---|
| Alabama | Either party: written notice at least 30 days before the periodic rental date in the notice | Ala. Code § 35-9A-441 (Alabama Uniform Residential Landlord and Tenant Act) |
| Alaska | Either party: written notice at least 30 days before the rental due date in the notice | Alaska Stat. § 34.03.290 (Uniform Residential Landlord and Tenant Act) |
| Arizona | Either party: written notice at least thirty days before the periodic rental date in the notice | Ariz. Rev. Stat. § 33-1375 (Arizona Residential Landlord and Tenant Act) |
| Arkansas | Either party: written notice at least thirty (30) days before the termination date in the notice | Ark. Code Ann. § 18-17-704 |
| California | Owner: at least 60 days' notice when the tenant has lived in the dwelling one year or more; at least 30 days' notice when the tenant has lived there less than one year | Cal. Civ. Code § 1946.1(b); Cal. Civ. Code § 1946.1(c) |
| Florida | Not less than 30 days' notice before the end of any monthly period | Fla. Stat. § 83.57 (2025) (termination of tenancy without specific term) |
| Georgia | Tenancy at will: 60 days' notice from the landlord or 30 days' notice from the tenant | O.C.G.A. § 44-7-7 |
| Hawaii | Landlord: written notice at least forty-five days before the termination | Haw. Rev. Stat. § 521-71 |
| Idaho | Landlord: written notice to leave within not less than one (1) month | Idaho Code § 55-208 |
| Illinois | Landlord: 30 days' written notice, for a tenancy of less than one year (not week to week) where the tenant holds over without special agreement | 735 ILCS 5/9-205; 735 ILCS 5/9-207 (Code of Civil Procedure, Art. IX -- Eviction) |
| Indiana | Tenancy at will: one (1) month's written notice delivered to the tenant | Ind. Code §§ 32-31-1-1 to 32-31-1-5 |
| Iowa | Either party: written notice at least thirty days before the periodic rental date in the notice | Iowa Code § 562A.34 (Uniform Residential Landlord and Tenant Law) |
| Kansas | Either party: written notice ending the tenancy on a rent-paying date not less than 30 days after receipt | K.S.A. 58-2570 (Residential Landlord and Tenant Act) |
| Kentucky | Either party: written notice at least thirty (30) days before the periodic rental date in the notice, where the tenancy is in a city, county or urban-county government that has enacted the Uniform Residential Landlord and Tenant Act | Ky. Rev. Stat. § 383.695 |
| Louisiana | Ten calendar days before the end of the month | La. Civ. Code art. 2728 (Notice of termination; timing) |
| Maryland | 60 days before the tenancy ends, for a month-to-month tenancy or a written lease for a stated term of more than 1 week | Md. Code, Real Prop. § 8-402(c) |
| Massachusetts | Tenancy at will with rent payable at periods of less than three months: written notice equal to the interval between rent days or thirty days, whichever is longer | Mass. G.L. c. 186, § 12 (Notice to determine estate at will) |
| Minnesota | At least the interval between rent due dates or three months, whichever is less | Minn. Stat. §§ 504B.135, 504B.147 (2025) |
| Mississippi | Either party: written notice at least thirty (30) days before the termination date | Miss. Code Ann. § 89-8-19(3) |
| Missouri | Either party: one month's written notice | Mo. Rev. Stat. §§ 441.050, 441.060 |
| Montana | Either party: at least 30 days' written notice before the date in the notice | Mont. Code Ann. § 70-24-441 (Residential Landlord and Tenant Act of 1977) |
| Nebraska | Either party: written notice at least thirty days before the periodic rental date in the notice | Neb. Rev. Stat. § 76-1437 (Uniform Residential Landlord and Tenant Act) |
| Nevada | At least 30 days for periodic tenancies, except as subsection 2 of the section provides | Nev. Rev. Stat. §§ 40.251, 118A.300 |
| New Hampshire | 30 days' notice for residential tenancies; 7 days if the reason for the termination is one of certain grounds in RSA 540:2, II, including II(a), (b) and (d) | N.H. Rev. Stat. Ann. §§ 540:3, 540:11 |
| New Jersey | 1 month's notice to quit, where the tenant is not covered by the good-cause grounds of N.J.S.A. 2A:18-61.1 | N.J.S.A. 2A:18-56 |
| Ohio | Either party: notice at least thirty days before the periodic rental date | Ohio Rev. Code § 5321.17 (Termination of tenancy) |
| Oklahoma | Either party, month-to-month or at-will tenancy: written notice at least thirty (30) days before the termination date | Okla. Stat. tit. 41, § 111 |
| Rhode Island | Either party: written notice at least thirty (30) days before the date in the notice | R.I. Gen. Laws §§ 34-18-37, 34-18-16.1 (ch. 34-18, Residential Landlord and Tenant Act) |
| South Dakota | Hiring with no term set by the parties: notice at least as long as the term, not exceeding one month | SDCL § 43-32-15 |
| Tennessee | Either party: written notice at least thirty (30) days before the periodic rental date in the notice | Tenn. Code Ann. § 66-28-512 |
| Texas | Rent-paying period of at least one month: the tenancy ends on the later of the date in the notice or one month after the notice is given | Tex. Prop. Code § 91.001 (Notice for Terminating Certain Tenancies) |
| Utah | Owner: notice 15 calendar days or more before the end of the month or period | Utah Code § 78B-6-802 (Unlawful detainer by tenant for a term less than life) (effective 5/6/2026) |
| Vermont | Landlord, no written rental agreement, no cause, monthly rent: at least 60 days for a tenant of two years or less, 90 days for a longer tenancy | 9 V.S.A. § 4467 (Termination of tenancy; notice), Residential Rental Agreements |
| Virginia | Either party: written notice at least 30 days before the next rent due date, unless the rental agreement sets a different period | Va. Code § 55.1-1253 (Periodic tenancy; holdover remedies), Virginia Residential Landlord and Tenant Act |
| West Virginia | Notice of one full period before the end of any period, unless a special agreement fixes another period or no notice | W. Va. Code § 37-6-5 |
| Wisconsin | At least 28 days' notice; where rent is payable more often than monthly (for example weekly), notice at least equal to the rent-paying period is enough | Wis. Stat. § 704.19 (Notice necessary to terminate periodic tenancies and tenancies at will) |
Renting out a home follows eight steps from market research to handing over the keys, and the signed lease sits at step six. The steps below keep the paperwork in the order a landlord meets it.
Compare the home with others for rent nearby:
A real estate agent handles listing and first contacts for a fee. Listing the unit yourself needs clear photos of the inside and outside, your contact details and a saved reply for common questions.
Set fixed viewing times, confirm each visitor's identity and bring a second person for safety.
Give interested applicants a rental application that asks for income, references, past landlords and a copy of an ID.
Call the references and the previous landlord, and run a tenant background check with the applicant's written consent.
Turn your conditions into lease clauses and check each against the state tables above. Send the draft to the tenant, agree on any changes and have both parties sign and date it.
Collect the security deposit within your state's cap, the first month's rent (prorated if needed) and any agreed fees. Give a signed receipt that shows the amount, the date and the purpose of each payment.
Walk through the unit with the tenant, fill in a move-in inspection report, photograph existing damage and test every key. Both parties sign the report and keep a copy.
A rental lease agreement is filled out in nine steps, one clause group at a time, from the parties to the attached disclosures. Each step below matches a section of the form.
Enter the full legal names and addresses of the landlord (lessor) and each adult tenant (lessee).
Fill in the monthly rent, the due date, the grace period, late fees, the security deposit, any pet deposit and other fees.
Write the full address and unit number, and list the furniture, appliances, parking and storage that come with it.
Add the house rules for pets, smoking, guests, parking and common areas.
Enter the start date and the end date, or mark the tenancy month-to-month, and add the renewal terms.
Name the guarantor and have them sign if the landlord asks for one.
Divide repairs, yard work, trash and utilities between the landlord and the tenant, and add an indemnity clause if the parties want one.
Set how either party gives notice, using at least the period in the month-to-month table above, and how the deposit comes back.
Attach the lead-based paint disclosure for target housing and any addendum the parties agreed on, then have every party sign and date the lease.
A lease addendum is a signed page that adds terms to the main lease, and a disclosure tells the tenant about a condition of the unit. The common addendums are below.
Disclosures cover conditions such as water damage, mold, asbestos and radon, and the lead-based paint disclosure for target housing described above.
A lease for a longer period than one year is void in Colorado unless it or a memorandum of it is in writing (Colo. Rev. Stat. § 38-10-108). In Florida, a rental agreement includes an oral agreement for a duration of less than 1 year (Fla. Stat. § 83.43). In Maryland, a landlord who offers 5 or more dwelling units for rent may not rent a unit without using a written lease (Md. Code, Real Prop. § 8-208).
A handwritten lease is a written lease, as long as both parties sign it. Initial each page and sign right below the last paragraph so nothing can be added after signing.
A lease changes through a written amendment that both parties sign. The amendment names the clause it replaces, the new term and the date it starts.
The rent increase notice depends on the state and the tenancy. In Iowa, each tenant is notified in writing at least thirty days before the effective date (Iowa Code § 562A.13). In Nevada, the written notice comes 60 days ahead, or 30 days for a periodic tenancy of less than 1 month (Nev. Rev. Stat. § 118A.300). In Oregon, an increase after the first year of the tenancy needs written notice at least 90 days before it takes effect (Or. Rev. Stat. § 90.323).
A landlord's core forms are the rental application, the lease agreement, a move-in inspection report and the addendums the unit calls for. Later in the tenancy come a rent increase notice, a lease renewal or non-renewal notice and a move-out inspection report.
Common lease violations are late or unpaid rent, unlisted occupants, unapproved pets, smoking where the lease bans it, damage beyond normal wear and subletting without consent. The lease's rules and termination clauses set how each one is handled.
A rental agreement needs the parties' agreement on the property, the rent and the term, and their signatures. In Nevada, a written agreement for the use and occupancy of a dwelling unit must be signed by the landlord or the landlord's agent and the tenant or the tenant's agent (Nev. Rev. Stat. § 118A.200).
General information, not legal or tax advice.
