Lease
Free Residential Lease Agreement Template
A fixed-term residential lease with rent, deposit, fees, maintenance, entry, renewal, early termination and required disclosures, with state-law placeholders.
A residential lease sets the terms for renting a home for a fixed period: rent, deposit, who pays what, repairs, landlord entry, renewal and ending the lease. State and local law override conflicting lease terms, especially on deposits, late fees, entry notice and habitability.
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Template
RESIDENTIAL LEASE AGREEMENT
This Lease is made on [DATE] between [LANDLORD NAME], [ADDRESS] ("Landlord"), and [TENANT NAME(S)] ("Tenant"). If more than one Tenant signs, each is jointly and severally responsible for all obligations.
1. PREMISES. [ADDRESS, UNIT] ("Premises"), including [PARKING, STORAGE, APPLIANCES LISTED IN SCHEDULE A].
2. TERM. From [START DATE] to [END DATE].
3. RENT. $[AMOUNT] per month, due on the [1st], paid by [METHOD] to [PAYEE]. Prorated rent for any partial month: $[AMOUNT]. Landlord will provide receipts on request.
4. LATE CHARGE AND RETURNED PAYMENTS. If rent is not received within [5] days after the due date, a late charge of $[AMOUNT] applies, which the parties agree is a reasonable estimate of Landlord's costs and does not exceed any limit under state or local law. Returned payment fee: $[AMOUNT], within legal limits.
5. SECURITY DEPOSIT. $[AMOUNT], not exceeding the limit under [STATE] law, held [in the manner required by law]. Landlord may deduct only for unpaid rent, damage beyond normal wear and tear, and other amounts permitted by law, and will return the deposit with an itemized statement within the time required by law after Tenant vacates and provides a forwarding address.
6. UTILITIES AND SERVICES. Tenant pays: [LIST]. Landlord pays: [LIST].
7. OCCUPANTS AND GUESTS. The Premises may be occupied only by Tenant and [NAMES]. Guests may stay up to [14] nights in any six-month period without written consent.
8. USE AND RULES. Residential use only. Tenant will follow reasonable written rules and not disturb others or violate law.
9. LANDLORD'S REPAIRS. Landlord will keep the Premises fit to live in and in compliance with applicable building, housing and health codes, including structural elements, plumbing, heating, electrical systems and supplied appliances, and will make necessary repairs within a reasonable time after written notice, or sooner for urgent issues affecting health or safety.
10. TENANT'S DUTIES. Tenant will keep the Premises clean and safe, use fixtures properly, promptly report needed repairs in writing, replace smoke detector batteries [if required by law], and pay for damage caused by Tenant, occupants, guests or pets beyond normal wear and tear.
11. ALTERATIONS. No painting, lock changes or alterations without Landlord's written consent, except as permitted by law.
12. ENTRY. Landlord may enter at reasonable times with at least [24] hours' written notice, or the notice required by state law, for inspections, repairs or showings, and without notice in an emergency.
13. PETS. [No pets without written consent / Pets allowed under the Pet Addendum.] Assistance animals are permitted as a reasonable accommodation under fair housing law.
14. SUBLETTING AND ASSIGNMENT. Not permitted without Landlord's written consent, which will not be unreasonably withheld [where required by law].
15. RENEWAL. Landlord will notify Tenant of renewal terms at least [60] days before the end of the term. If neither party gives written notice of non-renewal at least [30] days before the end of the term, the tenancy will continue month to month on the same terms, which either party may end with the notice required by law.
16. EARLY TERMINATION. Tenant may end this Lease early by giving [60] days' written notice and paying an early termination fee of [one month's rent], after which Tenant has no further rent obligation. [Otherwise, Tenant remains liable for rent until the Premises are re-rented, subject to Landlord's duty to mitigate where required by law.] Tenants with rights under the Servicemembers Civil Relief Act or state law (for example, for victims of domestic violence) may end the Lease as those laws allow.
17. MOVE-IN AND MOVE-OUT. The parties will complete and sign a move-in condition checklist. Tenant may request a pre-move-out inspection where state law provides.
18. INSURANCE. [Tenant is encouraged / required] to carry renter's insurance. Landlord's insurance does not cover Tenant's belongings.
19. DISCLOSURES. [Lead-based paint disclosure for housing built before 1978; mold, bed bug, flood zone or other disclosures required by state or local law; name and address of Landlord's agent for notices.]
20. GOVERNING LAW. This Lease is governed by the laws of [STATE]. Any term that conflicts with applicable landlord-tenant law is replaced by the minimum requirement of that law, and the rest of the Lease remains in effect.
GENERAL PROVISIONS
(a) Notices. Notices must be in writing and sent to the addresses or emails above (or as later updated by notice). Email notice is effective when sent, unless the sender receives a delivery failure message.
(b) Entire agreement. This agreement, with any schedules and exhibits, is the entire agreement between the parties on its subject and replaces all prior discussions and agreements on that subject.
(c) Amendments and waivers. Changes must be in writing and signed by both parties. A failure or delay in enforcing any term is not a waiver of it.
(d) Severability. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the rest of this agreement will remain in effect.
(e) Assignment. Neither party may assign this agreement without the other party's written consent, except to a successor in a merger or sale of substantially all of its business, on notice.
(f) Relationship. Nothing in this agreement creates a partnership, joint venture or agency relationship unless expressly stated.
(g) Counterparts and electronic signatures. This agreement may be signed in counterparts and by electronic signature, each of which is an original and together form one agreement.
(h) Independent advice. Each party has had the opportunity to review this agreement with its own legal counsel and signs it voluntarily.
LANDLORD: _____________________ Date: __________
TENANT: _______________________ Date: __________
TENANT: _______________________ Date: __________
SCHEDULE A: Appliances and items included
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This free template is provided by ClauseAudit for general informational purposes and is not legal advice. Have it reviewed before use. Replace all [BRACKETED] placeholders.When to use this template
- Renting a home, apartment or condo for a fixed term.
- A landlord wanting a complete, balanced lease.
- A tenant comparing a landlord's lease against fair terms.
How to fill it in
- Check your state and city rules on deposits, late fees, entry notice and required disclosures before filling it in.
- Enter rent, fees and deposit within legal limits.
- List utilities and included items.
- Set renewal and early termination terms.
- Attach the move-in checklist and required disclosures.
Key clauses to check
- Deposit and late fees
- Many states cap both.
- Repairs and habitability
- The landlord's duty cannot usually be waived.
- Entry notice
- Most states require reasonable notice, often 24 hours.
- Renewal
- Month-to-month continuation avoids an automatic new fixed term.
- Early termination fee
- Gives tenants a predictable exit.
State-specific notes: CA, TX, NY, FL, IL
Landlord-tenant rules that affect this template in the five largest states, summarized as of 2025. Laws change and cities add their own rules, so confirm the current law before signing.
California
- Security deposits are capped at one month’s rent for most landlords since July 1, 2024 (AB 12). Certain small landlords may charge up to two months.
- The deposit, with an itemized statement of deductions, must be returned within 21 days after the tenant moves out. Bad-faith retention can cost the landlord up to twice the deposit in penalties.
- Landlords must generally give 24 hours’ written notice before entering, except in emergencies (Civil Code §1954).
- Late fees must be a reasonable estimate of the landlord’s actual costs; large flat penalties are vulnerable.
- Landlords must give 30 days’ notice to end a month-to-month tenancy of under a year and 60 days for longer tenancies. Rent increases over 10% need 90 days’ notice.
- The Tenant Protection Act (AB 1482) caps annual increases for many units at 5% plus inflation (maximum 10%) and requires just cause to end many tenancies after 12 months. Many cities have stricter rent control.
Texas
- Texas sets no statutory cap on security deposits.
- Landlords must refund the deposit, with an itemized list of deductions, within 30 days after the tenant surrenders the premises, once the tenant has given a forwarding address. Bad-faith retention can lead to liability for $100 plus three times the amount wrongfully withheld and attorney’s fees.
- A late fee may be charged only if rent remains unpaid two full days after the due date and the fee is in a written lease. Fees are presumed reasonable up to 12% of monthly rent for buildings with up to four units, or 10% for larger buildings.
- Texas has no general statutory entry-notice period, so the lease controls; include a clear notice term.
- A month-to-month tenancy can generally be ended with at least one month’s written notice, unless the parties agree otherwise in writing.
- Landlords must make diligent efforts to repair conditions that materially affect health or safety after proper notice, and tenants cannot waive this in most cases.
New York
- Security deposits are capped at one month’s rent statewide (Housing Stability and Tenant Protection Act of 2019).
- The deposit, with an itemized statement, must be returned within 14 days after the tenant moves out, or the landlord may lose the right to keep any of it.
- Late fees are limited to the lesser of $50 or 5% of monthly rent, and only after rent is at least five days late.
- Landlords must give 30, 60 or 90 days’ notice (depending on whether the tenant has lived there under one year, one to two years, or over two years) before not renewing or raising rent by 5% or more.
- Rent-stabilized units follow separate rules, and New York City and some other localities have Good Cause Eviction protections that limit non-renewals and large increases.
- State law requires reasonable notice before non-emergency entry; 24 hours is common practice.
Florida
- Florida sets no statutory cap on deposits, but the lease must disclose how and where the deposit is held (Fla. Stat. §83.49).
- Within 15 days after move-out the landlord must return the deposit, or within 30 days give written notice by certified mail of any claim against it. The tenant then has 15 days to object.
- Landlords must give reasonable notice before entry for repairs; current law sets at least 24 hours. Verify the current requirement.
- A month-to-month tenancy requires at least 30 days’ written notice to end, under the 2023 change to Florida law.
- Florida does not set a statutory late-fee cap; fees must be in the lease and reasonable.
- State law generally preempts local rent control, so rent increases at renewal are governed by the lease and notice terms.
Illinois
- Illinois has no statewide deposit cap.
- For buildings with five or more units, landlords must give an itemized statement of deductions within 30 days and return the balance within 45 days. Buildings with 25 or more units must pay interest on deposits held over six months.
- A month-to-month tenancy generally requires 30 days’ written notice to end.
- Illinois has no general statewide entry-notice statute; Chicago requires two days’ notice under its Residential Landlord and Tenant Ordinance.
- Chicago’s ordinance adds strict deposit handling, interest and receipt rules, and limits late fees (a set amount on the first $500 of rent plus a percentage of the excess). Check local ordinances in Evanston, Mount Prospect and other cities.
Another state? See the rules for all 50 states and DC.
Frequently asked questions
What should a residential lease include?
Parties, premises, term, rent and fees, deposit, utilities, repairs, entry, pets, subletting, renewal, early termination and required disclosures.
Can a lease clause override state law?
No. Clauses that conflict with mandatory landlord-tenant law, such as habitability waivers, are generally unenforceable.
What is joint and several liability in a lease?
Each tenant can be held responsible for the whole rent and all obligations, not just their share.
Is a verbal lease agreement binding?
In most states a verbal lease for one year or less can be enforceable, but leases longer than a year usually must be in writing under the statute of frauds. Verbal leases are hard to prove and often get treated as month to month tenancies. A written lease protects both landlord and tenant by recording the rent, deposit, rules and responsibilities clearly.
Can I write my own residential lease?
Yes. Landlords can write their own lease or use a template, but it must follow state and local law. Many states require specific disclosures, such as lead paint for older homes, and limit security deposits, late fees and entry rules. Clauses that waive tenant rights may be void. Check your state's landlord tenant law and any local rent rules before using it.
Want to check if a contract is fair before you sign?
If someone sent you a lease contract, don't guess. We flag risky clauses in plain English, tuned to your state, with a downloadable report and suggested-fix redline.
Read before you sign
- Signing a Lease as a First-Time Renter: What to CheckA plain-English checklist for first-time renters covering rent, deposits, fees, repairs, renewal, guests and the clauses most likely to cost you money.
- How Much Can a Landlord Raise Rent on Renewal? State Rules and Practical LimitsRent increases on lease renewal are limited in some states and unrestricted in others. Here is how rent-increase rules work, what is typical, and what to do if your renewal jumps unfairly.
- Lease-Breaking Penalties: What Landlords Can and Cannot Charge When You Leave EarlyA lease that lets a landlord charge whatever they want for breaking early is usually unenforceable. Here is what early-termination fees can legally cover, what they cannot, and how to leave with the least damage.
- Moving-Out Checklist: What the Lease Requires vs What the Law RequiresLeases often add move-out obligations beyond what state law allows landlords to charge for. Here is a step-by-step checklist to protect your deposit and avoid disputes.
More Lease templates
This free template is general information, not legal advice, and is no substitute for a qualified attorney. Laws vary by state; have it reviewed by a lawyer before you use or sign it.