Lease Agreement Review: Spot Illegal and Unfair Lease Terms.
Lease law is the most state-specific area of US law, we check yours against your state’s rules.
Quick answer
What should I check in a lease before signing?
Check the security deposit against your state’s limit and return deadline; how much notice the landlord must give before entering; who pays for repairs, especially major systems; late fees and when they start; what breaking the lease early costs; and any clause waiving rights your state does not allow a tenant to waive.
Who this lease review is for
- Renters signing or renewing an apartment or house lease
- Students and first-time renters
- Tenants asked to sign a lease renewal with new terms
- Small landlords checking their own lease against state rules
What's at stake
The Lease clauses most people miss, and what they can cost you.
Illegal deposit and entry terms are common, and void
Deposits over the legal max, no-notice entry, and habitability waivers are unenforceable in many states. We check yours against your state’s limits.
You could be on the hook for repairs that aren’t yours
Leases often shift maintenance and major-system repairs onto tenants. We flag responsibility-shifting and prohibited clauses.
Lease-break penalties can cost you thousands
Excessive early-termination fees, late fees, and subletting bans add up. We surface every costly term before you sign.
What the lease review checks
- Security-deposit limits for your state
- Entry-notice requirements (e.g., CA = 24 hours)
- Prohibited clauses (habitability / negligence waivers)
- Excessive late fees and repair-shifting
- Lease-breaking penalties and subletting bans
- Commercial: personal guarantee, CAM charges, exclusivity
What you get
- Deposit amount and return terms checked against your state
- Entry, repair and late-fee terms explained
- Clauses a court would likely ignore, flagged
- A redline DOCX and a negotiation email
How to review a lease
- 1
Upload the lease
The lease and any addenda, rules or move-in checklists.
- 2
Choose your state
Deposit caps, return deadlines and entry-notice rules are set by state law.
- 3
Read the report
Each term compared with your state’s rules where we hold them, and explained plainly.
- 4
Ask for changes
A redline and a polite email to the landlord or property manager.
6 red flags in a lease
What the review looks for first, and why each one matters.
A deposit above your state’s limit
Many states cap deposits; an excess may be recoverable.
Entry “at any time” without notice
Most states require advance notice for non-emergency entry.
The tenant pays for all repairs
Landlords usually must keep the home habitable regardless of what the lease says.
A late fee from day one, or one that compounds
Some states limit late fees or require a grace period.
Owing all remaining rent if you leave early
Many states require the landlord to try to re-let rather than collect the whole term.
Waivers of habitability or of the right to sue
These are void in many states.
Lease terms explained
- Security deposit
- Money held against unpaid rent or damage, returned with an itemised statement of any deductions.
- Implied warranty of habitability
- The landlord’s duty to keep a rental fit to live in, which most states do not let a lease waive.
- Duty to mitigate
- A landlord’s obligation, in many states, to try to re-let after a tenant leaves early.
- Holdover
- Staying after the lease ends, often at a higher rent.
- Joint and several liability
- Each roommate on the lease can be held responsible for all of the rent.
- Sublease
- Renting your unit to someone else while you remain responsible to the landlord.
Why review it with ClauseAudit
Results in minutes
Most contracts are read in about a minute; very long documents are split, read in full and returned as one report.
Read for your state
Your state’s rules are applied across all 50 states and DC, with the statute cited where we hold one.
A fraction of a lawyer’s fee
From $19 a review. Take the report to an attorney and the conversation starts where it matters.
Plain English + a redline
Every risk explained, with a downloadable redline and a negotiation email.
One plan covers all eleven analyzers: Employment, Freelance, NDA, SaaS, Lease, Commercial Lease, Equipment & Vendor, MCA & Business Loan, Franchise, Business Purchase and Operating Agreement. Use your credits on any contract type.
Lease contract FAQs
What should I check in a lease before signing?
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Check the security deposit against your state’s limit and return deadline; how much notice the landlord must give before entering; who pays for repairs, especially major systems; late fees and when they start; what breaking the lease early costs; and any clause waiving rights your state does not allow a tenant to waive.
How much security deposit can a landlord legally charge?
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It varies by state. California caps most residential deposits at one month’s rent (as of July 2024; up to two months for some small landlords), and New York limits them to one month. Many states have their own caps. A deposit above your state’s limit is unenforceable, we check yours.
How much notice must a landlord give before entering?
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Most states require advance written notice for non-emergency entry, commonly 24 hours (for example, California Civil Code §1954). A clause allowing entry with little or no notice is often invalid. We flag it against your state’s rule.
Can a lease make me responsible for all repairs?
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Leases often try to shift maintenance, even of major systems like HVAC, onto the tenant. In many states the landlord must keep the unit habitable regardless, so blanket "tenant pays for everything" clauses may be unenforceable. We flag repair-shifting.
Are clauses waiving habitability or the right to sue enforceable?
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Usually not. Waivers of the implied warranty of habitability, or of your right to sue for the landlord’s negligence, are void in many states. We flag prohibited clauses so you know which terms a court would likely ignore.
How much can a landlord charge as a security deposit?
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It depends on your state. Many states cap deposits at one or two months’ rent, some set no cap, and most set a deadline for returning the deposit with an itemised list of deductions. The report checks the deposit against your state where we hold the rule.
Can my landlord enter without notice?
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Most states require reasonable advance notice for non-emergency entry, often 24 hours, and emergencies are the usual exception. A lease allowing entry at any time is flagged against your state’s rule.
What happens if I need to break my lease early?
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The lease sets the starting point, often an early termination fee or liability for rent until the unit is re-let. Many states require the landlord to make reasonable efforts to re-let rather than charge the whole remaining term. Some states also give specific rights to leave early, for example for military service or domestic violence.
Does this work for commercial leases?
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For a lease of business premises, use the commercial lease analyzer. It reads the lease from the tenant’s side and works out the total cost over the term, including common-area charges and escalations.
What if my lease has a clause my state does not allow?
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A clause that conflicts with state law is often unenforceable even though you signed it. The report flags such clauses so you know which terms may not bind you, but confirm locally before relying on it.
What does a rental agreement review check?
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A rental agreement review checks the rent, due date and late fees, the security deposit against your state's cap, the landlord's entry notice, who pays for repairs, rules on subletting and guests, renewal and notice to leave, and the cost of breaking the lease early. ClauseAudit's automated review also flags clauses your state may not allow, such as habitability waivers.
Is an automated lease agreement review reliable?
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An automated lease review is good at reading every clause quickly and flagging common problems such as deposits above your state's cap, short entry notice, repair shifting and steep lease-break penalties. ClauseAudit's automated review checks these against state rules and explains them plainly. It is not legal advice, so for disputes or unusual terms, a local tenant organization or attorney is still worth contacting.
What should I look for in a lease agreement?
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Look at the rent, due date and late fees, the security deposit and how it is returned, the length of the term and renewal rules, entry notice, who handles repairs, pet and guest rules, subletting rights, and what it costs to leave early. ClauseAudit's automated review checks these terms against your state's rules and flags any that may be unenforceable.
Check your lease before you sign
Upload it, choose your options and get the report. One plan covers all eleven analyzers.
Review my leaseWritten and maintained by the ClauseAudit team. Last reviewed . General information, not legal advice, and not reviewed by an attorney. For a high-stakes agreement, consult a qualified attorney.
Lease guides
Plain-English explainers on the clauses this analyzer checks.
- Renters: Lease Clauses That May Be Illegal in Your State
- How Much Security Deposit Can a Landlord Charge? A State-by-State Reality Check
- Can My Landlord Enter Without Notice? Your Rights as a Tenant
- Can My Landlord Make Me Pay for All Repairs? What the Lease Can and Cannot Do
- Lease-Breaking Penalties: What Landlords Can and Cannot Charge When You Leave Early
- Late Fees in Leases: What a Landlord Can Actually Charge When Rent Is Late
- Subletting Bans in Leases: Are They Actually Enforceable?
- Commercial Lease Basics: Personal Guarantees, CAM Charges, and Everything Residential Tenants Never See
- "As-Is" and Habitability Waivers in Leases: What Your Landlord Cannot Legally Make You Give Up
- How Much Can a Landlord Raise Rent on Renewal? State Rules and Practical Limits
- Roommate and Co-Tenant Agreements: Who Owes What When You Share a Rental
- Lease Guarantor and Co-Signer Agreements: What You Are Really Promising
- Car Purchase and Lease Contracts: The Clauses Dealers Don't Walk You Through
- Personal Loan and Promissory Note Red Flags: What to Check Before You Sign
- Timeshare Contracts: Cancellation Rights and Exit Red Flags
- My Landlord Kept My Entire Security Deposit. How Do I Get It Back?
- Can I Break My Lease Early for a Job Move?
- My Lease Auto-Renews Unless I Give 60 Days' Notice. Is That Legal?
- My Landlord Is Charging "Normal Wear and Tear" to My Deposit. Is That Allowed?
- My Lease Makes Me Responsible for Pest Control. Is That Allowed?
- Pet Addendum Fees: What's Legal in My State?
- Can My Landlord Ban Guests or Overnight Visitors?
- My Lease Says the Landlord Can Change the Rules Anytime. Is That Enforceable?
- Moving-Out Checklist: What the Lease Requires vs What the Law Requires
- Commercial Lease for a Small Business: The 8 Clauses to Negotiate
- My Retail Lease Has a Relocation Clause. Can They Move My Shop?
- Signing a Lease as a First-Time Renter: What to Check
- Does Breaking a Lease Hurt Your Credit? What Actually Gets Reported
- Non-Refundable Security Deposits: Legal or Not in Your State?
- Can Your Security Deposit Be Used as Last Month's Rent?
- Lease vs Rental Agreement: Which Protects a Tenant More?
Security deposit laws by state
Deposit caps and entry-notice rules vary by state. Get a plain-English read for yours.