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Residential Lease Agreement

A residential lease agreement is the contract between landlord and tenant: the property, the term, the rent and due date, the security deposit, maintenance responsibilities, and house rules. State law governs key terms such as deposit caps and return deadlines, and the lease becomes binding when both parties sign.

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A residential lease agreement is a written contract between a landlord and a tenant that sets the rules of the tenancy: who lives in the home, how much rent is due, when the lease starts and ends, and what happens to the security deposit.

Our template asks you a short series of questions and assembles a clean, ready-to-sign lease. You download it as an editable Word file and a print-ready PDF, so you can make final adjustments before both parties sign.

What this lease agreement covers

The generated lease includes the essential clauses used in standard residential tenancies across the United States:

  • Identification of the landlord, the tenant, and the rental property
  • Fixed-term or month-to-month tenancy, with start and end dates
  • Monthly rent, due date, and an optional late fee
  • Security deposit amount, held and returned under state law
  • Pet and smoking policies, plus utilities included in the rent
  • Maintenance duties, landlord access, and governing law

Fixed term or month to month?

A fixed-term lease locks in the rent and the tenancy for a set period, usually one year. Neither party can walk away early without consequences, which gives both sides stability. A month-to-month agreement automatically renews each month and can be ended by either party with proper written notice, which offers flexibility at the cost of predictability.

Fixed termMonth to month
DurationSet start and end datesRenews every month
Rent changesLocked during the termPossible with notice
Ending the tenancyAt the end dateWith written notice
Best forStabilityFlexibility

State rules to check before signing

Landlord-tenant law is state law. Before signing, check your state's rules on security deposit caps and return deadlines, late fee limits, required disclosures (such as lead-based paint for homes built before 1978), and the notice a landlord must give before entering the property.

This is a self-help template

This template produces a general-purpose residential lease. It is not legal advice and may not reflect every requirement of your state or city, such as rent control ordinances or mandatory local addenda. For unusual situations, have a local attorney review your lease.

If a fixed term does not fit your situation, a month-to-month rental agreement offers the same protections with more flexibility. Screen applicants first with a rental application, and if the tenancy later goes wrong, the eviction notice is the formal first step every state requires before court.

When to use a residential lease agreement

Use a written residential lease any time someone will live in a property you own in exchange for rent. That includes a single-family house, a condo, an apartment, a basement unit, or a single room in your own home. The moment money changes hands for housing, a landlord-tenant relationship exists under state law whether or not anything is on paper, and the paper is what protects both sides when memories differ.

Renting to family or friends

The most expensive tenancy disputes often start between people who trusted each other too much to write anything down. A lease with a relative or a friend does not signal distrust: it records the rent, the move-out expectations, and who pays for what, so the relationship survives the tenancy. If the arrangement is informal and open-ended, a month-to-month agreement keeps things flexible while still documenting the essentials.

When a different document fits better

A residential lease is not the right tool for every housing arrangement. If you rent to a business for office or retail use, you need a commercial lease agreement. If an existing tenant wants to bring in another occupant who pays them rather than you, that calls for a sublease with your written consent. And if two tenants simply want to divide chores and bills between themselves, a roommate agreement covers their internal arrangement without changing the lease.

Key lease clauses explained

A lease is only as good as its clauses. These are the provisions that decide most real-world disputes, and what each one should actually say.

Rent, due date, and late fees

State the exact monthly amount, the day it is due, the accepted payment methods, and where payment must be delivered. If you charge a late fee, spell out both the amount and the grace period. Many states cap late fees or require a minimum grace period before one can be charged, and a fee a court considers punitive rather than compensatory may be struck down entirely. A precise rent clause also matters later: an eviction for nonpayment rises or falls on whether the lease clearly says what was due and when.

Security deposit

The deposit clause should state the amount, what it may be applied to (unpaid rent, damage beyond normal wear and tear, cleaning to the move-in standard), and that it will be returned as state law requires. This is the most heavily regulated clause in the lease: states commonly cap the amount, set a firm deadline for returning it with an itemized statement of deductions, and some require it to be held in a separate or interest-bearing account. Penalties for getting it wrong can reach two or three times the deposit in some states, so follow your state statute exactly.

Maintenance and repairs

Every state implies a warranty of habitability: the landlord must keep the home safe and livable, and no lease clause can waive that duty. Within that floor, the lease should divide responsibilities clearly. A common split makes the landlord responsible for structural elements, plumbing, heating, and appliances supplied with the unit, while the tenant handles routine upkeep, light bulbs, and damage caused by the tenant or guests. Require the tenant to report problems promptly in writing: undiscovered leaks cause more damage than any other household issue.

Landlord entry and tenant privacy

The tenant has exclusive possession of the home during the tenancy, and most states require the landlord to give advance notice before entering for repairs, inspections, or showings, commonly 24 or 48 hours, with an exception for genuine emergencies. Write the notice period into the lease. A landlord who enters without notice can face trespass claims and, in some states, statutory penalties, no matter whose name is on the deed.

Occupancy, guests, and subletting

Name every adult occupant on the lease and make each one jointly and severally liable for the rent, so you can collect the full amount from any of them. Set a reasonable limit on long-term guests, for example that a guest staying beyond two weeks requires written consent, and state whether subletting or assignment is allowed and on what conditions. Without these clauses, a tenant can effectively hand your property to a stranger you never screened.

Default, remedies, and attorney fees

The default clause defines what counts as a breach (nonpayment, unauthorized occupants, illegal activity, chronic lease violations) and what happens next, which in every state means proper written notice followed by a court process, never self-help. An attorney fees clause entitling the prevailing party to recover reasonable fees is worth including: many states read a one-sided fee clause as reciprocal anyway, and the clause makes small disputes settle faster.

Common mistakes that cost landlords and tenants money

  • Leaving the lease unsigned or undated: an unsigned lease may still bind the parties by conduct, but proving its terms becomes a swearing contest
  • Copying a lease from another state: deposit caps, entry notice, and required disclosures differ, and an out-of-state form can carry clauses that are void or even sanctionable where you are
  • Skipping the move-in condition report: without dated photos and a signed checklist, deposit deductions at move-out are nearly impossible to defend
  • Charging a deposit or late fee above the state cap: the clause can be unenforceable and, in some states, exposes the landlord to statutory damages
  • Omitting required disclosures such as federal lead-based paint for pre-1978 homes: this one carries federal penalties, not just contract problems
  • Using vague language for utilities and appliances: say exactly which utilities are included and which appliances belong to the unit
  • Accepting rent after a known breach without a written reservation of rights, which in some states waives the right to evict on that breach
  • Trying self-help remedies like changing locks or shutting off utilities: every state prohibits this and many award the tenant damages for it

Signing, witnesses, and notarization

For a standard residential lease of one year or less, the signatures of the landlord and every adult tenant are all most states require: no witnesses, no notary. A few states impose extra formalities on longer leases, such as notarization or recording for terms over one year, so check your state statute if you are signing a multi-year term. Every signer should initial any handwritten changes, and each party should keep a fully signed copy. Electronic signatures are valid for leases in every state under the federal E-SIGN Act and state UETA laws, as long as both parties agree to sign electronically.

Do the walk-through before handing over keys

Complete a move-in inspection together, photograph every room, and attach the signed condition report to the lease. It is the single best protection either side has in a later deposit dispute.

How your state changes the picture

The lease itself looks similar everywhere, but the rules wrapped around it are state law: deposit caps and return deadlines, late fee limits, entry notice, required disclosures, and the notice periods for ending or changing a tenancy. Some cities add rent control or just-cause eviction ordinances on top. Our state-by-state pages, linked below, summarize the lease rules for each state, including the deposit and notice rules most landlords ask about, so start with your state's page rather than guessing from a national average.

Frequently asked questions

Is this lease agreement legally binding?

Yes. A written lease signed by both the landlord and the tenant is a binding contract in every state. Make sure both parties sign and date the document and each keep a copy.

Does the lease need to be notarized?

In most states, a standard residential lease does not need to be notarized: the signatures of the landlord and tenant are enough. A few states require notarization for long-term leases (often longer than one year), so check your state's rules.

Can I edit the lease after downloading it?

Yes. You receive an editable Word file along with the PDF, so you can adjust clauses, add addenda, or fix details before printing and signing.

How much can I charge as a security deposit?

It depends on your state. Many states cap the deposit at one or two months of rent and set a deadline for returning it after move-out, often 14 to 30 days. Check your state's landlord-tenant statute before setting the amount.

What disclosures do I need to attach?

Federal law requires a lead-based paint disclosure for homes built before 1978. Many states add their own required disclosures, such as mold, bed bugs, or flood zones. Attach the disclosures your state requires before signing.

Can the landlord raise the rent during the lease?

Not during a fixed term unless the lease itself allows it, which is rare. Rent can change when the term ends and renews, or on a month-to-month tenancy after proper written notice, commonly 30 days. Some cities with rent control also cap how much the increase can be.

What happens if the tenant wants to leave before the lease ends?

A tenant who breaks a fixed-term lease generally remains liable for the rent until the term ends or the unit is re-rented. Most states require the landlord to make reasonable efforts to re-rent rather than let the loss pile up. Some tenants have statutory early-exit rights, for example active-duty military orders or, in many states, documented domestic violence.

Is a verbal lease valid?

In most states a verbal agreement creates a valid month-to-month tenancy, and every state's statute of frauds requires a writing for leases longer than one year. Valid is not the same as safe: without a writing, the rent amount, the deposit terms, and every house rule become one person's word against the other's.

What if the tenant stays after the lease ends?

A tenant who stays past the end date without a new agreement is a holdover. If the landlord accepts another rent payment, most states treat the tenancy as continuing month to month on the old terms. If the landlord does not accept rent, the eviction process applies. Decide before the end date which outcome you want, and put it in writing.

Can I require renters insurance?

In most states, yes: a lease clause requiring the tenant to carry renters insurance is generally enforceable for new leases, and it protects both sides when a fire or leak damages the tenant's belongings. Check your state and local rules, since a few jurisdictions restrict the requirement for subsidized tenancies.

Residential Lease Agreement rules in all 50 states

The table below summarizes the verified state rules with their statutory citations. Click your state for the full local guide; where a cell says "see statute", the rule is either not uniform or not compressed into a single number, and the state page explains what to check.

Security deposit rules for residential leases in all 50 states and DC
StateDeposit capReturn deadlineStatute
Alabama1 month's rent60 daysAla. Code 35-9A-201
Alaska2 months' rent (no cap when rent exceeds $2,000 a month)14 days (30 days in some cases)Alaska Stat. 34.03.070
Arizona1.5 months' rent14 business daysAriz. Rev. Stat. 33-1321
Arkansas2 months' rent60 daysArk. Code Ann. 18-16-304, 18-16-305
California1 month's rent (since July 1, 2024)21 daysCal. Civ. Code 1950.5
Colorado2 months' rent (since August 2023)30 days (up to 60 if the lease says so)Colo. Rev. Stat. 38-12-102.5, 38-12-103
Connecticut2 months' rent (1 month if the tenant is 62 or older)30 days (or 15 days after receiving the tenant's forwarding address, whichever is later)Conn. Gen. Stat. 47a-21
Delaware1 month's rent for leases of one year or more20 daysDel. Code tit. 25, 5514
District of Columbia1 month's rent45 daysD.C. Mun. Regs. tit. 14, 308 to 311
FloridaNo statutory cap15 to 60 days depending on whether deductions are claimedFla. Stat. 83.49
Georgia2 months' rent (since July 1, 2024)30 daysGa. Code Ann. 44-7-30.1, 44-7-34
Hawaii1 month's rent14 daysHaw. Rev. Stat. 521-44
IdahoNo statutory cap21 days (up to 30 by agreement)Idaho Code 6-321
IllinoisNo statutory cap30 to 45 days (buildings of 5 or more units)765 Ill. Comp. Stat. 710/1
IndianaNo statutory cap45 daysInd. Code 32-31-3-12
Iowa2 months' rent30 daysIowa Code 562A.12
Kansas1 month's rent (1.5 months for furnished units)30 daysKan. Stat. Ann. 58-2550
KentuckyNo statutory cap30 to 60 daysKy. Rev. Stat. 383.580
LouisianaNo statutory cap1 monthLa. Rev. Stat. 9:3251
Maine2 months' rent30 days (21 days for tenancies at will)Me. Stat. tit. 14, 6032, 6033
Maryland1 month's rent45 daysMd. Code, Real Prop. 8-203
Massachusetts1 month's rent30 daysMass. Gen. Laws ch. 186, 15B
Michigan1.5 months' rent30 daysMich. Comp. Laws 554.602, 554.609
MinnesotaNo statutory cap21 daysMinn. Stat. 504B.178
MississippiNo statutory cap45 daysMiss. Code Ann. 89-8-21
Missouri2 months' rent30 daysMo. Rev. Stat. 535.300
MontanaNo statutory cap30 days (10 days if no deductions)Mont. Code Ann. 70-25-202
Nebraska1 month's rent (plus a pet deposit up to one quarter of a month's rent)14 daysNeb. Rev. Stat. 76-1416
Nevada3 months' rent30 daysNev. Rev. Stat. 118A.242
New Hampshire1 month's rent or $100, whichever is greater30 daysN.H. Rev. Stat. Ann. 540-A:6, 540-A:7
New Jersey1.5 months' rent30 daysN.J. Stat. Ann. 46:8-21.1, 46:8-21.2
New Mexico1 month's rent for leases under one year30 daysN.M. Stat. Ann. 47-8-18
New York1 month's rent14 daysN.Y. Gen. Oblig. Law 7-108
North Carolina1.5 months' rent for month-to-month tenancies, 2 months for longer terms30 days (interim accounting allowed up to 60 days)N.C. Gen. Stat. 42-51, 42-52
North Dakota1 month's rent30 daysN.D. Cent. Code 47-16-07.1
OhioNo statutory cap30 daysOhio Rev. Code 5321.16
OklahomaNo statutory cap45 daysOkla. Stat. tit. 41, 115
OregonNo statutory cap31 daysOr. Rev. Stat. 90.300
Pennsylvania2 months' rent during the first year30 days68 Pa. Stat. 250.511a, 250.512
Rhode Island1 month's rent20 daysR.I. Gen. Laws 34-18-19
South CarolinaNo statutory cap30 daysS.C. Code Ann. 27-40-410
South Dakota1 month's rent14 days (45 days for an itemized accounting)S.D. Codified Laws 43-32-6.1, 43-32-24
TennesseeNo statutory capSee statuteTenn. Code Ann. 66-28-301
TexasNo statutory cap30 daysTex. Prop. Code 92.103
UtahNo statutory cap30 daysUtah Code 57-17-3
VermontNo statutory cap14 daysVt. Stat. tit. 9, 4461
Virginia2 months' rent45 daysVa. Code 55.1-1226
WashingtonNo statutory cap30 daysWash. Rev. Code 59.18.280
West VirginiaNo statutory cap60 days (or 45 days after a new tenant moves in, whichever is shorter)W. Va. Code 37-6A-1, 37-6A-2
WisconsinNo statutory cap21 daysWis. Stat. 704.28
WyomingNo statutory cap30 days (or 15 days after receiving the forwarding address, if later)Wyo. Stat. 1-21-1208

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