Landlord's Guide to Lease Agreements

A fixed-term lease (usually 12 months) locks both sides in: the tenant owes rent for the full term; the landlord cannot raise rent or evict without cause until term end. Use this when you want stable cash flow and can tolerate a vacancy if the tenant leaves at term.

A month-to-month lease is a rolling agreement terminable by either party with 30 days\' notice (60 days in California after one year, 90 days in some cities). Use this when you might want to sell, move in yourself, or expect market rents to climb fast.

• Parties — every adult occupant signs as a joint-and-several tenant.
• Property description — street address plus unit number and identified parking/storage.
• Term — start date, end date, renewal mechanism.
• Rent — amount, due date, grace period, late fee, accepted payment methods.
• Security deposit — amount, where held (many states require a separate account), itemized return timeline.
• Utilities — who pays what.
• Maintenance responsibilities — major systems vs. tenant items.
• Occupancy limit — usually two per bedroom plus one.
• Pet policy — including ESA/service animal carve-outs (federal law).
• Entry notice — typically 24 hours except emergency.
• Lead paint disclosure (federal, any unit built pre-1978).
• Mold, bedbug, radon, flood disclosures where state requires.
• Default & eviction — cure periods and notice method.
• Attorney\'s fees clause — survives tenancy.
• Severability and governing law.

Deposit caps vary. California caps at one month for unfurnished, two months for furnished. New York caps at one month total. Texas has no cap but requires return with itemization within 30 days. Most states require return within 14–30 days after move-out with an itemized deduction list.

Non-itemized deductions are forfeited in most states and can trigger 2×–3× damages. Hold the deposit in a separate, non-commingled account in states that require it (MA, NJ, NY, CT, among others), and pay interest where required.

Pull credit, criminal, and eviction history. Require two recent paystubs (income ≥ 3× rent) or equivalent self-employment documentation. Call the two most recent landlords, not just the current one.

Fair-housing law forbids rejecting applicants based on race, color, religion, sex, national origin, familial status, or disability (plus source of income and sexual orientation in many states). Apply the same written criteria to every applicant to avoid disparate-impact claims.

Fixed-term leases end automatically at term unless renewed. Month-to-month ends with the state\'s required notice (usually 30 days). For-cause eviction requires statutory notice (usually 3-day pay-or-quit for nonpayment, 7–30 days for other breaches), followed by court filing.

Never self-help evict — no lock changes, no utility shutoffs, no tenant property removal. Those steps expose you to punitive damages in every state.