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

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

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.

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Written 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.

Security deposit laws by state

Deposit caps and entry-notice rules vary by state. Get a plain-English read for yours.

View all 50 states + DC →