A lease agreement is a legal instrument that documents the contractual particulars of the relationship between you as a home landlord (property owner) and your tenants. The agreement primarily defines the rental period/duration (either short-term or long-term), rental amount, security deposit requirements, utilities or maintenance costs, and other essential details. Since all these details must be addressed in the home lease agreement, it is important to use a standardized template like the one we provided.
Our template is a guide as well as an information source to help you create comprehensive home lease agreements that minimize potential misunderstandings and conflicts with your tenants. It satisfies most residential lease requirements and can be used as-is. However, you can modify it as needed, depending on your situation.
Lease Agreement Template
What This Template Covers
A quick look at this template lets you see its exhaustiveness, from collecting personal information of the contract parties to the inclusion of key rental clauses. Below is a discussion of what this template has to offer.
Leasing essentials
The first four sections focus on the basics of a lease – that is, the parties, lease type, and expected occupants bound by the agreement. The effective date of the home lease agreement and the parties’ personal information sets precedence for the agreement by identifying who is bound by the agreement and from which date. Item two lets you select the lease applicable in the situation. Select a fixed lease if the duration of the lease is predetermined. Ensure to define the start and end dates. Select a month-to-month lease if there is no predetermined duration. This lease type is defined by the start date and number of days notice required to terminate the agreement.
Property details
Next, you need to indicate the specific property being rented and the permitted use of this premise. The template will prompt you to provide the property description, usage, and whether furnishings and appliances will be provided. Ensure the property description is as detailed as directed by the template.
Financial terms
Subsequently, the template offers entries to record the rent amount, due date of each month, and payment methods. This information indicates the tenant’s financial obligation in the agreement.
Afterward, you need to record in the template how to handle cases of non-sufficient funds (NSF). Typically, you can impose a fee or not. If a fee is applied, indicate the dollar amount in this template; otherwise, select the second option. Imposing might be helpful to prevent tenants from using NSF checks to seal this loophole of delaying payments.
Then, select the late fee option you desire from the options the template has provided. A late fee is a penalty for delayed payment. The fee can be a one-off charge or a daily penalty payable past the due date.
The template then prompts you to define when the first month’s rent will be paid. You can choose to collect this money upon signing the agreement or on the first day of the lease, as defined in section II. Lease type.
In the next section, clarify if the tenant must prepay any rent amount. If that is the case, write down the dollar amount and the start date of the prepayment.
Next, specify the prorated rent – payment calculated per day if the tenant wants to occupy the premises earlier than the start of the lease period. Early possession is typically up to your discretion as the landlord, but you can always offer it for the convenience of the tenants.
Another important section of this template is the security deposit component. Here, you define the amount to be paid as a security deposit, as well as the refund rules and deductions post-lease guidelines. Note that these details must align with your jurisdiction’s security deposit laws.
Move-in inspection
In the move-in inspection section, indicate whether an examination of the premises will be done or foregone. It is advisable to have one done so that both parties can ascertain the house’s condition before the tenant moves in and record the findings. This checklist is a reference post-tenancy to ensure the house is left in the proper condition.
Parking availability
In the subsequent section, document if you provide parking for your tenants. As directed by this template, you must indicate the parking charges and when they should be paid – upfront or monthly.
Change of ownership clause
Also, document in the template what will happen to the agreement should the property change ownership during the lease period. The template provides three probable events that can happen in such a case: one, the tenant can be notified of the sale; secondly, the new owner is given the right to end the lease, and the notice period is indicated; and lastly, no termination rights are given to the new owner.
Utilities
Next, specify which utilities and services you will offer the tenants. These include water, electricity, cable, and internet. Specify details about any applicable charges. The provision of every enlisted utility becomes the landlord’s responsibility.
Early termination provision
Then, fill out the early termination section by indicating how many days’ notice and the amount the tenant must pay should they end their lease earlier than the specified date. You can choose not to impose any conditions on early termination at your discretion.
Building policies
Subsequently, the template has included several policies that must be considered when crafting a home lease agreement. These include the smoking, pet, and waterbed policies. Make sure to select the options provided by the template as per the building policies. If tenants are allowed to smoke on the premises, specify the areas they can smoke in. If pets are allowed within the premises, specify the types of pets, weight permitted, pet fee, and if the charge is refundable or non-refundable. Also, check mark if waterbeds are permitted in the house or not. Waterbeds can potentially destroy floors with mold.
Notices
Next, define how notices will be handled throughout the lease period. As the landlord, write down your address, and for the tenant’s mailing address, specify whether the notices should be sent to the current premises or an alternative address. Communication is vital between landlords and tenants. It is typically done through notices; thus, clarifying the official means of sending notices is mandatory.
Use of an agent/manager
Then, select whether you have a manager or not. If not, specify how your tenant can contact you in the entry provided. If you own several residential properties, it would be prudent to have a manager so that you can delegate duties to them.
Possession of the premises
In the subsequent section of the template, record when (date) the tenant is expected to take possession of the premises. Having this date in writing reassures the tenant that they can possess the house on that specific day, and if not, they can forego the agreement.
Landlord’s access
Following is the access section; the template allows you to checkmark the different circumstances under which you, as the landlord, can access the premises after the tenant takes possession. Ensure to indicate the number of hours or days you must notify the tenant before entering the house. This clause prevents you from violating the tenant’s right to privacy and trespassing into their living space.
Additional clauses and disclosures in this template
This template has additional non-fillable clauses and disclosures to clarify further important aspects of the contractual relationship between you and your tenants. These include;
- Subletting – This clause clarifies that the tenant cannot rent the house to a secondary renter without your written consent. It allows you to get an opportunity to subject the subtenants to your preferred screening process and maintain the quality of tenants in your property.
- Abandonment – Abandonment refers to a situation where the tenant vacates the premises for a duration as stipulated by the template. Including this clause ensures you can enforce abandonment regulations when necessary without the risk of litigation.
- Assignment – The assignment clause prevents the tenant from assigning the house lease agreement wholly, partially, or any of its stipulated obligations to another party without your consent. Also, it clarifies that should you consent to such an assignment one time, it does not translate to your waiver of this right in future cases.
- Landlord’s entry – This template clause clarifies in writing that you can enter the house for justified reasons such as inspection, repairs and maintenance, improvements, etc. However, as the template indicates, such entry must be made during normal business hours and after a 24-hour notice, except in emergencies such as gas leaks or fire accidents.
- Maintenance and alterations – This template incorporates this clause to obligate the tenant to maintain a high standard of cleanliness, sanitation, and condition except for normal wear and tear. Also, it prevents the tenant from modifying the house without your consent. However, it does oblige you to make repairs to the structural elements of the house as well as its exterior.
- Noise and waste – Noise and waste management is vital in rented property. It is regulated by local, county, and state noise ordinances, and a house lease agreement must clarify that the tenant is contractually obligated to comply.
- Guest policy – While it is not ideal to regulate a tenant’s social life, the house is leased for them and the occupants specified in section III. Occupant(s). However, it is important to regulate people on the premises at one particular point to prevent unauthorized people from overstaying. Hence, this template prevents guests from staying more than 48 hours without your approval.
- Legal compliance – Our template incorporates this provision to ensure that tenants are obligated to observe all current and future laws, regulations, orders, and ordinances associated with the use and occupancy of the rental property. This ensures that changes to safety and health regulations bind tenants without the need to craft or renew the house lease agreement.
- Default and remedies – This clause defines how defaults or contractual violations will be handled. Per this template, you must issue a written notice of the tenant’s non-compliance. Also, it specifies that you have the right to pursue all available legal remedies such as lease termination, eviction, and imposing financial penalties for losses incurred to resolve the non-compliance.
- Joint and several liability – In some instances, multiple tenants may sign the house lease agreement. This clause declares that jointly and severally, each tenant is obligated to fulfill all the lease obligations. Consequently, each can be held liable for any financial obligation, including the full rent amount, damage costs, and penalties even, regardless of the existence of a separate arrangement between the tenants.
- Dispute resolution – A dispute resolution framework is pertinent when entering house lease agreements. As the template outlines, both parties must act in good faith when disputes arise. Negotiation, mediation, or arbitration should precede litigation, which can be costly, long, and tedious.
- Severability – A severability clause clarifies that should any part of the lease agreement be declared invalid or unenforceable, the rest of the document remains valid and legally binding. This ensures that should regulations change and invalidate a clause or provision, the house lease agreement remains to be effective after the fact.
- Surrender of premises – This clause obligates the tenant to return the house in the condition they possessed the premises in, except for normal wear and tear, upon termination or at the end of the lease.
- Retaliation protection– A retaliation protection clause is included in the template to fulfil tenant rights laws. It prohibits you as the property owner from retaliating when tenants exercise their legally protected rights, such as asserting their tenant rights or issuing a complaint for necessary repairs. This clause is needed because exploitative landlords respond to such tenant rights by increasing rent, unwarranted evictions, or withdrawing certain services.
- Waiver – Such a clause clarifies that the landlord’s failure to implement any of the contractual terms does not translate to waiving the specific terms. It protects you by ensuring that every lease agreement provision remains enforceable, even when you forget to.
- Accommodations for disabilities – As a landlord, you must ensure your property complies with applicable laws such as the ADA (Americans with Disabilities Act). This clause shows your commitment to modifying the building and common areas, for example, by adding grab bars, wheelchair lanes, and ramps to enhance accessibility for people with disabilities.
- Hazardous materials – This clause prohibits the tenant from storing or using hazardous materials such as explosives, illegal substances, flammable liquids, and banned substances within the premises. It is included increase personal and property safety.
- Indemnification – An indemnification clause protects you from any liability (e.g., claims, expenses, or damages from events, accidents, or injuries) arising from the tenant’s use of the premises. However, this protection is not extended to cases of negligence or willful misconduct.
- Binding Agreement – This clause clarifies that the house lease agreement binds both parties’ heirs, executors, administrators, and successors. It further indicates that assigns can be bound in permitted circumstances.
- Uninhabitability – An uninhabitability clause indicates that the renter has the right to terminate the lease contract should the house become inhabitable beyond reasonable repair. It also obliges the tenant to be liable for any damages caused by their negligence.
- Lead paint disclosure – This disclosure is required under federal law for all buildings built before 1978. Per the template, you must checkmark if your building was built before or after 1978. If it was, you should fill in the disclosure provided at the end of the template.
Governing law (jurisdiction)
Then, you must declare the jurisdiction under which the agreement will be enforced in the governing law template section. Each agreement must have this information to ensure all its provisions are valid and enforceable; otherwise, they can be disputed under a different jurisdiction.
Additional terms
In the next section, outline additional terms and conditions the template has not addressed. Remember, leases are negotiated, and some terms may vary from case to case. Here is a space for you to define unique provisions.
Signatures
The final section prompts you, the tenant, and the agent to sign the agreement into effect. As the template directs, each signatory must supply their name and signing date. Signatures are needed as acknowledgments of the document’s content to make it legally binding.
Lead-Based Paint and/or Lead-Based Paint Hazards Disclosure
As indicated above, you should complete this lead-based paint disclosure template if your building was built before 1978. This disclosure has the following items;
Lead warning statement
The template begins with a lead warning statement that communicates that the building has lead paint and, if not properly managed, it poses potential health issues.
Landlord’s disclosure
Then, it prompts you to select if you, as the landlord, are aware of any lead-based paint and/or hazards in the property. If you are aware, describe the situation as you know it. You should be truthful when selecting your option. Next, you should indicate if you have any reports or records relating to lead-based paint and/or lead-based paint hazards on the property and if you have issued them to the tenant. If there are any documents you have provided to the renter, enlist them in the entry provided in the template.
Tenant’s acknowledgment
The next section allows the tenant to indicate if they have received the documents declared above, as well as the pamphlet “Protect Your Family from Lead in Your Home.” Acknowledging receipt of these documents is a fulfilment of the landlord’s disclosure.
Agent’s acknowledgment
Then, the agent must check this template section to acknowledge their responsibility to ensure compliance and inform the landlord of their obligations per 42 U.S.C. 4852d. This section is not mandatory and should be filled out if applicable.
Certification accuracy
Lastly, all parties must sign the document to formalize the disclosure and validate its content. Each party must provide their name and signing date.
This template has been provided in Google Docs, MS Word, OpenDocument Text (.odt), and Word template (.dotx). You can select your preferred and convenient file format. The contents of the template remain similar across all formats.
