The lease agreement is a legally binding contract that is used to explain the obligations and rights of both the landlord and the tenant. The lease agreement binds a landlord, no matter the size of the space they are renting out. The lease agreement is binding whether or not the landlord has a personal or family relationship with the tenant, and it is important for legal protection in case of any problems with the tenants.
By definition,
A rental lease agreement is a document that establishes the terms under which a tenant rents a commercial or residential property from a landlord.
In this article, we have provided free rental agreement templates along with a what to include guide. But first, let us get familiar with the purpose of this agreement
Alternate names
The rental lease agreement is referred to by several other names which are listed below:
- Rental agreement
- Lease agreement
- Rental lease agreement
- Apartment lease
- Rental contracts
- Please form
- House rental agreement
Need for a rental lease agreement
A rental lease agreement will be useful for various individuals especially the ones listed below;
- A home owner looking for tenants.
- Tenants looking for a home to rent.
- Individuals renting residential property to family all friends.
- Tenants or landlords looking to rent their property with an option to purchase.
- Landlord’s property managers and tenants placement services
Standard Lease Agreements
A standard residential lease agreement template generally includes the basic information for both parties as well as the property details. Both parties are required to include their contact information. The lease agreement template also contains specifics of the lease such as the type of lease and the length of the lease term. A standard lease should also state the rental rights and obligations of each party as well as the rent details including the pay frequency, the amount due, and late fees as well as other payment information such as security deposit details.
Standard residential leases can also include the following additional material;
- The option to renew the lease at the end of the lease period.
- The option to purchase the property.
- Possible signing incentives for the employee.
- Methods for dispute resolution.
Parties in a Lease Agreement Template
A lease agreement template is a fillable agreement between the landlord, sublandlord, tenant, and/or subtenant. The parties involved in the lease agreement template are the only parties recognized in the agreement for any legal obligations or proceedings.
- The landlord– This is the person or organization that owns or manages the rental property. The landlord is the creator of the original lease.
- Sublandlord– Also known as the original tenant the sub landlord is the person who is subleasing all or part of the rental property to a third party. If for instance, a University student who is renting out their apartment to someone else for the summer while they visit home is the sub landlord.
- The tenants– This is the original person who entered into lease agreement template with the landlord and leaves on the rental property in exchange for regular payments.
- Subtenant– The subtenant is the person temporary renting the property from both the landlord and the sub landlord. In the example above the subtenant is the person who brings the university students apartment.
General Terms of a Rental Agreement Template
In the course of crafting a rental agreement template, the best approach is to have the main items such as the rent and the length of the lease negotiated between the landlord and the tenant to avoid any chance that necessitates rewriting the entire documents.
These are the main lease terms in alphabetical order:
Alterations
Most lenders typically do not allow any modification to their property. If alterations are completed by the tenant the property should be returned to the original status at the start of the lease. If for instance, a tenant decides to paint the apartment a different color than the original color usually the landlord will ask the tenant to bear the cost of repainting the apartment to the original color.
Appliances
The landlord is required to describe all appliances on the premises prior to the date the tenant moves in. Appliances can include washer or dryer microwaves and other appliances.
Conditions
If the lease agreement template has other conditions that may not have been mentioned these conditions should be listed last before the signature area.
Verbal agreements
Agreements reached by oral discussions are not honored by a court of law. Prior to listing terms in the contract the landlord and tenant should have negotiated all items.
Furnishings
When the tenants moved in every property was finished all items should be listed. Items include desks musical instruments beds chairs and other valuable items. By having a comprehensive list of items and their property when the tenants moved in the landlord can ensure that the tenant does not vacate the property with some items belonging to the landlord.
Waterbeds
Over the years liquid-filled furnishings have caused dire consequences to properties and as such most landlords are required to buy this type of furniture on their property. Water damage can be expensive and if enough water leaks it can promote mold growth underneath carpeting.
Guests
A specified maximum number of people the tenant is allowed to invite into the property should be included to discourage constant parties and loud occupants.
Maximum time period
The landlord reserves the right to set a maximum time frame for how long guests may stay on the property.
House rules
This term is used mainly for roommate situations. House rules such as common areas cleaning times, quiet times or other regulations should be listed.
Insurance (bond)
It is recommended in some States and required in others that the landlord disclose is the type and amount of insurance coverage the property on the tenant’s behalf.
Late charges
Landlords try to finalize a tenant for not paying their rent in a timely manner by having a late fee. In some States, there are limits on how much a landlord recharge however it is always recommended that the landlord has a late charge fee.
Monthly rent
The monthly rent is paid typically on the first day of the month.
Payment’s location
The preferred mode of payment, as well as the payments procedure, should be clearly stated in the lease.
Notices
In the event that the landlord or tenant violates any part of the lease, both parties should have mailing addresses as well as email addresses where the other party may be able to send a notice.
Parking
If the premises has a parking space the landlord reserves the right to offer a spot for the tenant.
Parking fee
The landlord comes only charges a parking fee, especially in urban locations.
Pet fee/deposit
Animals typically cause extra wear and tears on the property. And as such the landlord may elect to charge a fee or deposit in case major damage is caused by the animal.
Receipt of agreement
The lease payments are invalid unless all parties have received receipt and acknowledgment of the lease. All parties must have received the copy for the form to be legally valid.
Subletting
Subletting is when the tenant acts as the landlord and re-leases the property to two other individuals. The individuals renting from such a tenant are referred to as the sublessee. Subletting is prohibited in most leases and if it is allowed it is usually expressly stated in written consent by the landlord.
With the rising popularity of Airbnb, the tenant may be interested in making an additional income by renting the property on a short-term basis. The tenant is required to make their intentions known and establish terms in the lease agreement templates to ensure that there’s no miscommunication as to whether or not the tenant is allowed.
Term
This refers to the length of the lease agreement template and should be described. There are a few different types of terms;
- The fixed term which is commonly one year but may be any period as agreed upon by both parties.
- The month-to-month term and has the tenants and landlord to have an ongoing lease with either party having the right to cancel within a specified period. The specified period of time is either stated in the agreement or by using the minimum requirements according to state law. Tenants and landlords are allowed to cancel with at least 30 to 60 days’ notice under most month-to-month tenancy terms.
Attorney Fees: The attorney fees are the monetary payment made to a lawyer for the services rendered in drafting and implementing the lease agreement template.
Condemnation: Condemnation is the government seizure of a privately-owned property for public purposes like the construction of a highway.
Termination
Typically there is no option for tenants to cancel the lease. However, if there is an option it is usually not free for the tenant.
Utilities
The landlord reserves the right to pay known some or all of the tenants’ utilities. Most landlords provide some utilities such as water but will decide to Let the tenants decide for themselves whether to keep or discontinue other utilities.
Preparing a Residential Lease Agreement Template
The residential lease is a legally binding agreement between the landlord and the tenant, and as such, should not be written without including all necessary elements.
Here is a step by step procedure to guide you through filling your lease agreement template:
Date
Prior to creating a lease agreement template, the landlord is required to decide if the lease should end on a set date or not. If a lease has a predetermined end date, it is referred t as a fixed-term lease. A fixed-term lease involved the tenant agreeing to rent the property for a certain period at a fixed price. Calendar dates are used to specify the start and end of the lease.
The landlord may enter into another lease with updated dates with the tenant, or move on to another tenant. If the lease has no end date specified, it is referred to as a periodic tenancy or automatic renewal lease. An automatic renewal lease, as the name implies automatically renews after a certain predetermined duration, either monthly, bi-annually or annually.
The landlord continues to rent the property to the tenant until either party provides appropriate notice signifying an interest in ending the lease. Depending on the situation in which they are used, both the fixed-term lease and the automatic renewal lease have their own advantages and disadvantages.
Names the parties
It is vital for a rental agreement template to name the parties signing the lease and where they live. The first thing to write down is the landlord or property management company and their current address followed by the tenant or tenants and their current address.
Describe the premises
The exact address and type of property being rented such as a house or apartment or condominium are regarded as the premises. Also, include the utilities such as electricity, heating water, and others.
Define the term of lease
The term of the lease is the length of time for which the tenant will occupy the listed property. The extended lease agreement template should detail exactly when the leaves begin and when it ends. There are two types of Lease:
- Fixed-term rental lease– This refers to and agreements set for a predetermined or fixed period of time. A fixed-term rental lease expires on the end date listed in the lease agreement template; it is typically up to six months a year or two from the start date.
- Month-to-month rental lease– This type of lease agreement template is valid only for one month with no defined end date. The list continues on a monthly basis until either the landlord or tenant terminates the agreement.
Set how much rent is owed
A standard lease agreement template must explicitly state the monthly rental amount and outline the consequences of late payments. The landlord reserves the right to decide how much rent to charge on a monthly basis however the cost is usually comparable to other rental properties within the same area. Additionally, standard rent control laws may limit the amount that the landlord can charge for rent.
Assign a security deposit amount
A security deposit is a predetermined amount of money collected at the beginning of the leaves. A landlord has the right to collect a security deposit from their tenants. however, the purpose for which the money can be used as strictly determined by the security deposit laws of the state under which the property Falls.
Specify other fees
Fees include garbage, parking, and other expenses that will be incurred during the stay of the tenant.
State the move-in date
The move-in date is the agreed-upon date when the tenant may move into the property. The landlord should state the move-in date and conclude all renovations and repairs before the set date.
Finalize the lease
Once the details of the lease have been discussed and agreed upon by the landlord and tenant, the landlord may decide to finalize the lease by following these steps outlined below;
Print– At least two copies of the rental lease should be printed. One is to be held by the landlord and the other by the tenant.
Sign– Both copies of the lease agreement template form should be signed by both the landlord and the tenant.
Save– A hard copy of the signed documents should be filed in a safe place while an electronic copy for extra safekeeping should be scanned and saved as well.
Free Rental Agreement Templates
Here are free and customized lease agreement templates to download:
Standard Lease Agreement Templates
Lease Agreement Templates by states
Lease Agreement Disclosures and Addendums
Every rental property varies from the next, and the laws governing these properties vary by state. Hence, the lease agreement template requires additional disclosures and addendums. Lease agreement template disclosures and addendums are attached separately to the lease agreement template, and they are meant to inform the tenant about the issues with the property as well as the tenant’s rights.
Some of these include;
Asbestos disclosure
Asbestos disclosure notifies tenants of the existence of asbestos at the property. It is usually required for properties built before 1979. Bed bug addendum
Bed Bug Addendum explains the correct course of action by both parties in the event of a bedbug infestation.
Smoke detector addendum
The carbon monoxide and smoke detector addendum state whether or not the landlord will provide smoke detectors as well as the responsibility of the tenant for keeping the smoke detectors in good condition.
Death in rental unit disclosure
Death in rental unit disclosure provides the tenants with information as to if a person has died in the rental property prior to the lease. Disclosure of lead-based hazards
Disclosure of lead-based hazards notifies the tenants of the existence of lead-based paint or other materials. It is required for properties built prior to 1979.
Flood hazard area disclosure
Flood hazard area disclosure States if the property is located in a special flood hazard area.
Foreclosure notice
Foreclosure notice should be provided to the tenant during the lease if the landlord needs to explain that the rental agreement template terminates on a specified date.
Illegal substance disclosure
Illegal substances contamination disclosure notifies the tenant if part of the property has been contaminated as a result of the manufacturing or storage of an illegal substance, methamphetamine for example.
Mold disclosure
Mold disclosure notifies the tenant that the property contains or may contain mold and if the landlord will fix it or not.
Notice of abandoned personal property
Notice of abandoned personal property informs the tenant that they left some items behind in the rental unit when they vacated the premises. It notifies the tenant that they need to recover or retrieve these items before the items are thrown out of the property.
Pet addendum
The Pet addendum states the rules of the property regarding pets.
Shared utilities disclosure
Shared utility disclosure explains how the expenses of the utilities are calculated and shared between multiple residents in the property.
Smoking lease addendum
The smoking lease addendum informs the tenant about the property rules concerning the smoking of tobacco or marijuana in the property.
Violations of a Lease Agreement
In the event that a tenant violates the lease, the landlord should attempt to resolve the problem by providing the tenant with a chance to fix the violation. If the violation is a major one such as using the property to manufacture or sell illegal drugs, the landlord is required to report the crime. If the issue of the violation is not resolved within a specified period of time as stipulated by the state laws, the landlord can begin the eviction process to remove the tenant from the property.
If any one or more of the terms of the lease is violated, the tenant is required to enforce the penalties of such violations in accordance with the state laws governing the property.
Late rent violation
If the tenant is late with the payment, the landlord may choose from a few options. First, the landlord may accept a late fee for the late payments. Second, if the state law permits it, the landlord may serve the tenant with a notice to pay or quit, stating the landlord’s right to terminate the lease if the tenant does not pay by a specific date.
Apart from the late rent violation, other violations; committed by the tenant; requires the landlord to give the notice to comply or quit. The notice to comply or quit gives the tenant a certain amount of time to rectify the violation or face eviction action.
Other violations include the following:
- Loud Music
- Property Damage
- Too Many Guests
- Unauthorized Pets
- Illegal Activity
In most states, the landlord is required to give disclosures to the tenant. These are the most common disclosures addendums and notices given to the tenants by the landlord:
- Tenants’ rejection letter
- Security deposit return letter to submit my security deposit receipt
- Rent increase letter
- Rent receipt
- Personal guarantee
- Notice to enter
- Move in/move out inspection checklist
- Lead based paint disclosure
- Eviction forms.
- Assignments of lease
- Current rent balance letter
- Background check authorization
Landlord-Tenant Laws
The relationship between a landlord and tenant is governed by law. However, these laws may change from state to state. Landlord-tenant laws are put in place by the government to ensure that the landlord treats the tenant fairly, and the tenant conducts themselves responsibly while occupying the property.
Eviction laws
As with other landlord-tenant laws, the eviction laws vary from state to state and each state has its eviction notice procedures for each lease violation.
Security deposit laws
The security deposit is an amount paid by tenants to the landlord at the beginning of a lease and returned after the tenant vacates the premises. The tenant may forfeit the deposit if the tenant cancels the lease or is evicted. A certain sum may be deducted from the deposit if there is damage found at the end of the lease which does not fall within the scope of normal wear and tear.
| State | Maximum ($) | Returning | Statute |
|---|---|---|---|
| Alabama | 1 month’s rent | 60 days the termination date and delivery of possession | § 35-9A-201(a), 35-9A-201(b) |
| Alaska | 2 months’ rent | 14 days if the tenant leaves on time, 30 days if not | § 34.03.070(a), § 34.03.070(g) |
| Arizona | 1.5 months’ rent | 14 days from move-out inspection (excl. weekends and holidays) | § 33-1321 |
| Arkansas | 2 months’ rent | 60 days from termination of tenancy | § 18-16-304, § 18-16-305 |
| California | 2 months’ rent (unfurnished), 3 months’ rent (furnished) | 60 days from the move-out date | 1950.5 |
| Colorado | No limit | 1 month if mentioned in the lease, 2 months if not | § 38-12-103 & § 38-12-104 |
| Connecticut | 1 month’s rent is 62 years or older, 2 months’ rent if younger | 30 days from the move-out date or 15 days from receiving the tenant’s new address | § 47a-21 |
| Delaware | 1 month’s rent for 1-year leases. No limit for all others. | 20 days from the termination date | Title 25 § 5514 |
| Florida | No limit | 30 days if deductions, 15 days if no deductions | § 83.49(3)(a) |
| Georgia | No limit | 1 month from the termination date | § 44-7-34 |
| Hawaii | 1 month’s rent (excluding pet fee) | 14 days from the termination date | § 521-44 |
| Idaho | No limit | 30 days if stated in the lease, 21 days if not | § 6-321 |
| Illinois | No limit | 30 days if deductions, 45 days if no deductions | 765 ILCS 710 |
| Indiana | No limit | 45 days from the termination date | § 32-31-3-12 |
| Iowa | 2 months’ rent | 30 days after the tenant has vacated | § 562A.12 |
| Kansas | 1 month’s rent (unfurnished), 1.5 months’ rent (furnished) | 30 days from the termination date | § 58-2550 |
| Kentucky | No limit | 60 days from the lease termination date | § 383.580(7) |
| Louisiana | No limit | 1 month from the termination date | Revised Statute 9:3251 |
| Maine | 2 months’ rent | 30 days if the lease is fixed-period, 21 days if tenancy-at-will | § 6032, § 6033 |
| Maryland | 2 months’ rent | 45 days from the termination date | § 8–203 |
| Massachusetts | 1 month’s rent | 30 days after the tenant has vacated | Chapter 186, Section 15B |
| Michigan | 1.5 months’ rent | 30 days from the end of occupancy | § 554.602, § 554.609 |
| Minnesota | No limit | 3 weeks from the termination date | § 504B.178 |
| Mississippi | No limit | 45 days from the end of tenancy | § 89-8-21 |
| Missouri | 2 months’ rent | 30 days from the termination of tenancy | § 535.300 |
| Montana | No limit | 30 days if deductions, 10 days if no deductions | § 70-25-202 |
| Nebraska | 1 month’s rent (excluding pet fee) | 14 days of move-out | § 76-1416 |
| Nevada | 3 months’ rent | 30 days from the end of tenancy | NRS 118A.242 |
| New Hampshire | 1 month’s rent or $100, whichever is greater | 30 days, 20 days if the property is shared with the landlord | RSA 540-A:6, RSA 540-A:7 |
| New Jersey | 1.5 months’ rent | 30 days from the termination date | § 46:8-21.2, § 46:8-21.1 |
| New Mexico | 1 month’s rent for leases 1-year and under. No limit for residential leases more than 1-year. | 30 days from the termination date | § 47-8-18 |
| New York | 1 month’s rent | 14 days after the tenant has vacated | Emergency Tenant Protection Act 576/74(f), § 7-108 (e) |
| North Carolina | 2 months’ rent, for tenancy-at-will only 1.5 months’ rent | 30 days if no deductions, if deductions then an additional 30 days | § 42-51, § 42-52 |
| North Dakota | 1 month’s rent for no pets, 2 months’ rent if pets | 30 days from the termination date | § 47-16-07.1 |
| Ohio | No limit | 30 days from the termination date | § 5321.16 |
| Oklahoma | No limit | 45 days from the termination date | § 41-115(B) |
| Oregon | No limit | 31 days from the termination date | § 90.300 |
| Pennsylvania | 2 months’ rent | 30 days from the termination date | § 250.511a, § 250.512 |
| Rhode Island | 1 month’s rent | 20 days from the termination date | § 34-18-19 |
| South Carolina | No limit | 30 days from the termination date | § 27-40-410 |
| South Dakota | 1 month’s rent | 14 days if no deductions, 45 days if deductions | § 43-32-6.1, § 43-32-24 |
| Tennessee | No limit | 30 days from the termination date | § 66-28-301 |
| Texas | No limit | 30 days after the tenant has vacated | § 92.103 |
| Utah | No limit | 30 days from the termination date | § 57-17-3 |
| Vermont | No limit | 14 days, 60 days if a seasonal property | § 4461 |
| Virginia | 2 months’ rent | 45 days from the termination date | § 55.1-1226(A) |
| Washington | No limit | 21 days from the tenant’s move-out date | § 59.18.280 |
| West Virginia | No limit | 60 days unless the property is re-rented within 45 days, then immediately | § 37-6A-1 |
| Wisconsin | No limit | 21 days from the tenant’s vacancy date | § 134.06 |
| Wyoming | No limit | 30 days from lease termination or 15 days from receiving the tenant’s forwarding address, whichever is lesser | § 1-21-1208(A) |
Maximum amount
The maximum amount for the security deposit varies from state to state with some States setting the maximum amount at one month’s rent while others have No specified limit and the security deposit amount.
Returning laws
As with the maximum amount of money required for the security deposit, the returning laws governing each property vary from state to state and the terms can go from 14 days in some States to 60 days from the date of the lease termination.
Landlord’s access
The landlord’s access refers to the right of the landlord to enter the property of the tenant with sufficient notice. The notice period for landlord success is determined by the state under which the property falls. The landlord may provide the right to the entry form to the tenant on the property, post the form to the property or place the farm under the tenant’s door six days before the entry date.
| State | Required Notice | Statute |
|---|---|---|
| Alabama | 2 days | § 35-9A-303 |
| Alaska | 24 hours | § 34.03.140 |
| Arizona | 48 hours | § 33-1343 |
| Arkansas | N/A | N/A |
| California | 24 for non-emergency, 48 hours for the move-out inspection | § 1954 |
| Colorado | *N/A | *N/A |
| Connecticut | Reasonable notice | § 47a-16 |
| Delaware | 48 hours | Title 25 § 5509 |
| Florida | 12 hours | § 83.53 |
| Georgia | *N/A | *N/A |
| Hawaii | 2 days | § 521-53 |
| Idaho | *N/A | *N/A |
| Illinois | *N/A | *N/A |
| Indiana | Reasonable notice | § 32-31-5-6 |
| Iowa | 24 hours | § 562A.19 |
| Kansas | Reasonable notice | § 58-2557 |
| Kentucky | 2 days | § 383.615 |
| Louisiana | *N/A | *N/A |
| Maine | 24 hours | § 6025 |
| Maryland | *N/A | *N/A |
| Massachusetts | Reasonable notice | Sanitary Code (410.810) |
| Michigan | *N/A | *N/A |
| Minnesota | Reasonable notice | § 504B.211 |
| Mississippi | *N/A | *N/A |
| Missouri | *N/A | *N/A |
| Montana | 24 hours | § 70-24-312 |
| Nebraska | 1 day | § 76-1423 |
| Nevada | 24 hours | NRS 118A.330 |
| New Hampshire | Reasonable notice | RSA 540-A:3 |
| New Jersey | 1 day | § 5:10-5.1 |
| New Mexico | 24 hours | § 47-8-24 |
| New York | *N/A | *N/A |
| North Carolina | *N/A | *N/A |
| North Dakota | Reasonable notice | § 47-16-07.3 |
| Ohio | 24 hours | § 5321.04 |
| Oklahoma | 1 day | § 41-128 |
| Oregon | 24 hours | § 90.322 |
| Pennsylvania | *N/A | *N/A |
| Rhode Island | 2 days | § 34-18-26 |
| South Carolina | 24 hours | § 27-40-530 |
| South Dakota | 24 hours | § 43-32-32 |
| Tennessee | 24 hours | § 66-28-403 |
| Texas | *N/A | *N/A |
| Utah | 24 hours | § 57-22-4 |
| Vermont | 48 hours | § 4460 |
| Virginia | 24 hours | § 55.1-1229(A) |
| Washington | 2 days for repairs, 1 day for showings | § 59.18.150 |
| West Virginia | *N/A | *N/A |
| Wisconsin | Advance Notice | § 704.05(2) |
| Wyoming | *N/A | *N/A |
Grace periods
The Grace period is meant to protect the tenant from being charged a penalty or evicted during a period Where the rent is due. The rent is still considered late and will reflect negatively on the tenant’s rental history however the tenants will not be charged a late fee.
| State | When is Rent Due? | Laws |
|---|---|---|
| Alabama | On the due date (no grace period) | § 35-9A-161(c) |
| Alaska | On the due date (no grace period) | AS 34.03.020(c) |
| Arizona | On the due date (no grace period) | ARS 33-1314(c) |
| Arkansas | On the due date in the lease, but there is a 5-day grace period before a late fee may be imposed | § 18-17-401(b)(1), § 18-17-701(b) |
| California | On the due date (no grace period) | CIV Code 1947 |
| Colorado | Not defined | No statute |
| Connecticut | 9-day grace period. | § 47a-3a(a), § 47a-15a |
| Delaware | On the due date in the lease, but there is a 5-day grace period before a late fee may be imposed | Title 25, § 5501(b), Title 25, § 5501(d) |
| Florida | On the due date (no grace period) | § 83.46(1) |
| Georgia | Not defined | No statute |
| Hawaii | On the due date (no grace period) | § 521-21(b) |
| Idaho | Not defined | No statute |
| Illinois | Not defined | No statute |
| Indiana | Not defined | No statute |
| Iowa | On the due date (no grace period) | 562A.9(3) |
| Kansas | On the due date (no grace period) | § 58-2545(c) |
| Kentucky | On the due date (no grace period) | § 383.565(2) |
| Louisiana | On the due date (no grace period) | La. Civ. Code art. 2703(1) |
| Maine | 15-day grace period | Chapter 710, §6028(1) |
| Maryland | On the due date (no grace period) | § 8-401(a) |
| Massachusetts | 30-day grace period. | Chapter 186, Section 15B(1)(c) |
| Michigan | On the due date (no grace period) | § 554.131 |
| Minnesota | Not defined | No statute |
| Mississippi | Not defined | No statute |
| Missouri | On the due date (no grace period) | Rev. § 535.060 |
| Montana | On the due date (no grace period) | § 70-24-201(2)(c) |
| Nebraska | On the due date (no grace period) | § 76-1414(3) |
| Nevada | On the due date (no grace period) | NRS 118A.210(1) |
| New Hampshire | Not defined | No statute |
| New Jersey | 5 business day grace period | § 2A:42-6.1(1) |
| New Mexico | On the due date (no grace period) | § 47-8-15(B) |
| New York | 5-day grace period | Housing Stability and Tenant Protection act of 2019 |
| North Carolina | 4-day grace period | § 42-46(a) |
| North Dakota | Not defined | No statute |
| Ohio | Not defined | No statute |
| Oklahoma | On the due date (no grace period) | § 41-109(B) |
| Oregon | On the due date in the lease, but there is a 4-day grace period before a late fee may be imposed | § ORS 90.220(7)(a), ORS 90.260(1)(a) |
| Pennsylvania | Not defined | No statute |
| Rhode Island | On the due date (no grace period) | § 34-18-15(c) |
| South Carolina | On the due date (no grace period) | § 27-40-310(c) |
| South Dakota | Not defined | No statute |
| Tennessee | On the due date in the lease, but there is a 5-day grace period before a late fee may be imposed | § 66-28-201(c), § 66-28-201(d) |
| Texas | Not defined | No statute |
| Utah | Not defined | No statute |
| Vermont | On the due date (no grace period) | 9 V.S.A. § 4455 |
| Virginia | On the due date in the lease, but there is a 5-day grace period before a late fee may be imposed | § 55.1-1204(C)(4), § 55.1-1204(C)(5) |
| Washington | 5-day grace period | RCW 59.18.170 |
| West Virginia | Not defined | No statute |
| Wisconsin | Not defined | No statute |
| Wyoming | Not defined | No statute |
Late rent fees
The maximum amount allowed to be charged for late rent fees is No specified amount in most States. While this does not mean that the state does not allow the landlord to charge a tenant for late fees, it actually means that the landlord may charge as much money as they desire as long as it is specified within the lease.
| State | Late Rent Fees (maximum allowed) | Laws |
|---|---|---|
| Alabama | Not defined | No statute |
| Alaska | Not defined | No statute |
| Arizona | No maximum, although it must be stated in the lease. | ARS 33-1368(B) |
| Arkansas | Not defined | No statute |
| California | Must be a “good faith estimate of the damages likely to be suffered by the landlord in the case of a late payment.” Also, the late fee must be written in the lease. | Orozco v. Casimiro, 121 Cal. App.4th Supp. 7 (2004), CIV Code 1962 |
| Colorado | Not defined | No statute |
| Connecticut | Not defined | No statute |
| Delaware | 5% of the monthly rent amount | Title 25, § 5501(d) |
| Florida | Not defined | No statute |
| Georgia | “All contracts for rent shall bear interest from the time the rent is due” | Ga. Code § 44-7-16 |
| Hawaii | 8% of the monthly rent amount | § 521-21(f) |
| Idaho | Not defined | No statute |
| Illinois | Outside Chicago – Not defined Chicago only – $10.00 per month for the first $500.00 in monthly rent plus five percent per month for any amount in excess of $500.00 in monthly rent for the late payment of rent. | No statute 5-12-140(h) |
| Indiana | Not defined | No statute |
| Iowa | If the rent does not exceed $700/month, the late fee cannot exceed more than $12/day per day or $60/month. If the rent is greater than $700/month, the late cannot exceed more than $20/day or $100/month. | 562A.9(4) |
| Kansas | Not defined | No statute |
| Kentucky | Not defined | No statute |
| Louisiana | Not defined | No statute |
| Maine | 4% of the monthly rent amount | Chapter 710, §6028(2) |
| Maryland | 5% of the monthly rent amount | Md. Code, Real. Prop. § 8-208(d)(3) |
| Massachusetts | Not defined | No statute |
| Michigan | Not defined | No statute |
| Minnesota | 8% of the monthly rent amount | 504B.177(a) |
| Mississippi | Not defined | No statute |
| Missouri | Not defined | No statute |
| Montana | Not defined | No statute |
| Nebraska | Not defined | No statute |
| Nevada | 5% of the monthly rent amount | NRS 118A.210(4)(a) |
| New Hampshire | No defined | No statute |
| New Jersey | Outside Jersey City – Not defined Jersey City only – $35 | No statute Ord. 20-036 |
| New Mexico | 10% of the monthly rent amount | § 47-8-15(B) |
| New York | $50 or 5% of the monthly rent amount, whichever is less | Housing Stability and Tenant Protection act of 2019 |
| North Carolina | $15 or 5% of the monthly rent amount, whichever is greater. | § 42-46(a)(1) |
| North Dakota | Not defined | No statute |
| Ohio | Not defined | No statute |
| Oklahoma | Not defined | No statute |
| Oregon | 5% of the monthly rent amount, charged once for each succeeding 5-day period | ORS 90.260(2)(c) |
| Pennsylvania | Not defined | No statute |
| Rhode Island | Not defined | No statute |
| South Carolina | Not defined | No statute |
| South Dakota | Not defined | No statute |
| Tennessee | 10% of the monthly rent amount | § 66-28-201(d) |
| Texas | 12% of the monthly rent amount if located in a building with 4 units or under or10% of the monthly rent amount if located in a building with more than 4 units | Sec. 92.019(1) |
| Utah | Not defined | No statute |
| Vermont | Not defined | No statute |
| Virginia | 10% of the monthly rent amount | § 55.1-1204(E) |
| Washington | Not defined | No statute |
| West Virginia | Not defined | No statute |
| Wisconsin | Not defined | No statute |
| Wyoming | Not defined | No statute |
Responsibilities of a Landlord
A landlord’s responsibilities include the following:
- Maintenance and repair of the normal wear and tear of appliances such as heater or air conditioner.
- Respect of the tenant’s right to quiet enjoyment which involves no unnecessary visits to the property and ensuring a quiet environment for the tenant devoid of noise, dogs barking for instance.
- Provision of a safe and clean home for the term of the lease by ensuring the absence of mold, fixing ventilation problems, resolution of water damage and other precautions to ensure the safety and comfort of the tenant.
- Refunding the security deposit to tenants that treats the property with respect and leaves the property in good condition at the end of the lease term.
- Providing advance notice before entering the premises for repairs or other relevant reasons.
Note: The responsibilities of landlords differ according to state law governing landlord-tenant relations that specify how landlords should handle evictions, security deposits, and access to the property.
Occupant and Tenant Difference
It is important to distinguish between a tenant and an occupant, as both people live in a rented property. However, a tenant is a person who has signed a lease contract with the landlord. Only the tenant carries the associated financial obligations such as the rent payment and repairs on the property, and as such, the tenant and Joyce the privileges and concessions provided by the landlord which includes waivers.
An occupant on the other hand is a person that resides in the tenant’s leased space with the permission of the landlord’s full stop One time could be a family member or significant other or a friend. An occupant does not pay rent and is not entitled to the tenants’ rights under the law.
Frequently Asked Questions (FAQs)
What does rent-to-own mean?
Also known as the option to purchase or lease-to-own, rent to own regard to a tenancy agreement that provides the tenants with the opportunity to purchase the rental property from the landlord. A rent-to-own agreement requires the renter to pay a non-refundable option fee and the landlord provides the renter an option to purchase the property at a predetermined price. The option fee is nonrefundable should a tenant Act not purchase the property.
Do I need to notarize my Residential Lease Agreement?
Like any other contract, there is no need to notarize a lease agreement template.
How do I rent a room in my house?
To rent out a room in your house, you need to first prepare the house and decide which one you want to rent after which you need to figure out the charge for renting the room. Once this is done place a specific advertisement specifying the type of tenants you want then using your intuition, screen prospective tenants and verify them with the credit check. Once this is done draught a rental agreement template specifying all verbal agreements previously had in the discussions prior to the establishment of the rental agreement.
Do I have to list occupants in the lease?
Occupants of the rented property and not required to sign the lease agreement however the tenant is required to name every occupant in the lease agreement to inform the landlord of how many people will be living in the rental unit.
