Sample analysis
This is a real ClauseAudit report on an example residential lease, exactly what you get for your own.
Executive Summary
This residential lease includes several terms that may be unenforceable and that shift risk onto the tenant. The most serious are a security deposit that may exceed your state's legal cap, a waiver of the warranty of habitability, and an entry clause with far less notice than most states require. The rent amount and due date are clear. Before signing, prioritize the deposit, habitability, entry-notice, and repair clauses, several may be void under your state's law.
Flagged Clauses
5Original clause text
“Tenant shall pay a security deposit equal to three (3) months' rent.”
What this means
Many states limit how much deposit a landlord can charge, a three-month deposit may be illegal where you live.
Why it matters
Compared to typical
Negotiation tip
Check your state's cap and refuse a deposit that exceeds it; get the amount and return terms in writing.
Original clause text
“Tenant accepts the premises "as is" and waives any warranty of habitability.”
What this means
This tries to make you give up the landlord's duty to keep the home livable, which is void in most states.
Why it matters
Compared to typical
Negotiation tip
Do not rely on it; flag it and ask to strike it. The landlord's habitability duty stands regardless.
Original clause text
“Landlord may enter the premises at any time to inspect or make repairs.”
What this means
The landlord reserves the right to enter with essentially no warning. Most states require reasonable notice, California requires 24 hours.
Why it matters
Compared to typical
Negotiation tip
Require the notice period your state mandates (often 24 hours) for non-emergency entry, in writing.
Original clause text
“Tenant is responsible for all repairs and maintenance, including appliances and structural elements.”
What this means
The lease makes you pay for all repairs, including major systems that are normally the landlord's duty.
Why it matters
Compared to typical
Negotiation tip
Limit your responsibility to damage you cause; major systems and habitability repairs should stay with the landlord.
Original clause text
“A late fee of $250 applies to any rent not paid on the due date.”
What this means
A flat $250 late fee with no grace period may exceed what your state allows.
Why it matters
Compared to typical
Negotiation tip
Check your state's limits, ask for a grace period, and negotiate the fee to a reasonable amount.
Recommendations
- Check your state's deposit cap and reduce the deposit to a lawful amount.
- Strike the habitability waiver, it is void in most states.
- Require your state's mandated entry notice (often 24 hours) for non-emergency entry.
- Limit your repair responsibility to damage you cause.
- Confirm the late fee complies with your state's limits and add a grace period.
What This Contract Gets Right
- The monthly rent amount and due date are clearly stated.
- The lease term and start and end dates are unambiguous.
- A 3-day cure notice is provided before any eviction action.
Missing Standard Clauses
- A clear description of the deposit return process and timeline.
- A statement of the tenant's right to a habitable home and how to request repairs.
- Reasonable subletting or assignment rights subject to landlord approval.
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This sample is AI-generated and not legal advice. Always consult a qualified attorney before signing any contract.