You found an apartment or rental property you like. The landlord or property manager sends over the lease agreement — a dense document full of legal terms and numbered clauses. You want to sign and get the keys.
Before you do, take 15 minutes with this checklist. Leases are binding contracts, typically for 12 months or more, and the terms you agree to today determine your rights for the entire duration.
1. Total Move-In Costs
The monthly rent is only part of the picture. Before signing, add up every cost required before or at move-in.
What to look for:
- Security deposit amount
- First and last month's rent
- Application and processing fees
- Pet deposits or pet rent
- Parking fees
- Key or access card deposits
- Move-in fees or cleaning fees
Red flag: Fees disclosed in separate addenda or referenced as "per company policy" without specific amounts.
What to do: Ask for a written itemization of every charge due before or at move-in. If a fee is not in the lease, it is not enforceable. Make sure the security deposit complies with your state's limits — many states cap deposits at one to two months' rent.
2. What Is Included in Rent
Clarify exactly what your monthly payment covers. Assumptions lead to surprise bills.
What to look for:
- Utilities (water, electricity, gas, trash, internet)
- Parking (assigned, first-come, or additional fee)
- Storage space
- Laundry facilities
- Common area maintenance fees
- Amenity access (gym, pool, rooftop)
Red flag: "Tenant responsible for all utilities" without specifying which utilities or average costs.
What to do: Ask the landlord for average utility costs for the unit. If certain utilities are included, make sure the lease states it explicitly. Verbal promises are not enforceable.
3. Lease Term and Renewal Conditions
Understand exactly when the lease starts, when it ends, and what happens next.
What to look for:
- Start and end dates
- Whether the lease auto-renews or converts to month-to-month
- Notice period required for non-renewal (typically 30-60 days)
- Rent increase limitations on renewal
- Renewal fees
Red flag: Automatic renewal at market rate with only 15 days' notice required. This can lock you into a new term at a higher rent before you realize the deadline passed.
What to do: Mark the notice deadline in your calendar immediately. If the lease auto-renews, negotiate a longer notice period (60-90 days) and a cap on rent increases.
4. Early Termination and Lease Breaking
Life changes. Jobs relocate, relationships shift, health issues arise. Check what it costs to leave early.
What to look for:
- Early termination fee (typically one to three months' rent)
- Required notice period
- Whether you must find a replacement tenant
- Military deployment or domestic violence protections (federally required)
- Job relocation clauses
Red flag: No early termination clause at all. Without one, you are responsible for rent through the entire remaining term — potentially thousands of dollars.
What to do: Negotiate an early termination clause if one does not exist. A two-month penalty with 60 days' notice is a reasonable starting point. Confirm that the lease complies with the Servicemembers Civil Relief Act if applicable.
5. Maintenance and Repair Responsibilities
Who fixes what? This is one of the most disputed areas in landlord-tenant relationships.
What to look for:
- Landlord's maintenance obligations (structural, plumbing, HVAC, appliances)
- Tenant's maintenance obligations (lawn care, minor repairs, light bulbs)
- Response time for emergency repairs
- Process for submitting maintenance requests
- Whether the landlord can charge you for repairs
Red flag: "Tenant is responsible for all maintenance and repairs inside the unit." This could mean you pay to fix a broken dishwasher or leaking pipe, even if the appliance was already aging when you moved in.
What to do: Confirm that the landlord is responsible for major systems and appliances. Document the condition of everything at move-in with dated photos. Submit repair requests in writing to create a paper trail.
6. Security Deposit Terms
Your security deposit is your money held in trust. Understand exactly how it works.
What to look for:
- Deposit amount and whether it complies with state limits
- Where the deposit is held (some states require separate escrow accounts)
- Conditions for deductions (damage vs. normal wear and tear)
- Timeline for return after move-out (state law dictates this — typically 14-30 days)
- Whether interest accrues on the deposit
Red flag: Vague language about deductions, such as "landlord may deduct for any necessary cleaning or repairs." This gives the landlord broad discretion to keep your deposit.
What to do: Know your state's security deposit laws before signing. Take detailed photos of the unit at move-in and request a walk-through checklist. At move-out, request a written itemization of any deductions.
7. Entry and Inspection Rights
Your landlord has the right to access the property in certain situations, but that right has limits.
What to look for:
- Required notice period for non-emergency entry (typically 24-48 hours)
- Permitted reasons for entry (repairs, inspections, showings)
- Whether the landlord can enter for routine inspections without cause
- Emergency entry provisions
Red flag: "Landlord may enter the premises at any time for any reason." This violates tenant privacy rights in most states.
What to do: Ensure the lease requires written notice (24 hours minimum) for non-emergency entry. Check that the reasons for entry are specific and limited. Your state's tenant rights law may provide stronger protections than the lease — know both.
8. Rules About Modifications, Guests, and Subletting
Lease restrictions affect how you can live in and use the space.
What to look for:
- Guest policies (overnight limits, long-term guest definitions)
- Subletting or assignment rights
- Modification restrictions (painting, mounting shelves, changing fixtures)
- Noise policies and quiet hours
- Home business restrictions
Red flag: "No guests may stay more than 3 consecutive nights" or "No modifications of any kind." Overly restrictive policies make the space feel more like a hotel than a home.
What to do: Negotiate unreasonable restrictions before signing. Most landlords will allow minor modifications if you agree to restore the unit at move-out. Get any exceptions in writing as a lease addendum.
9. What Constitutes a Lease Violation
The lease should clearly define what counts as a violation and what the consequences are.
What to look for:
- Specific behaviors listed as violations
- Cure period (time to fix a violation before penalties apply)
- Number of violations before eviction proceedings
- Whether violations can result in immediate lease termination
- Late rent payment grace period and penalties
Red flag: "Any violation of this agreement may result in immediate termination." No cure period means a single minor infraction could lead to eviction.
What to do: Ensure the lease includes a cure period for non-critical violations (typically 10-14 days). Check that late rent penalties comply with state limits. Understand the difference between curable violations (fixable) and non-curable violations (criminal activity, major property damage).
10. Dispute Resolution and Legal Protections
If a disagreement arises, the lease determines how it gets resolved.
What to look for:
- Mediation or arbitration requirements
- Governing law and jurisdiction
- Attorney's fees provisions (who pays in a dispute)
- Waiver of jury trial
- Class action waiver
Red flag: Mandatory arbitration with the landlord selecting the arbitrator, combined with a fee-shifting clause making you responsible for the landlord's legal costs.
What to do: Research your state's tenant protection laws — many override unfavorable lease terms. Ensure you are not waiving rights that your state guarantees. If the dispute resolution process is heavily one-sided, negotiate or consider a different property.
Quick-Reference Checklist
| # | Check | Pass? | |---|-------|-------| | 1 | All move-in costs itemized and within state limits | | | 2 | Utilities and inclusions clearly specified | | | 3 | Lease term, renewal, and notice deadlines understood | | | 4 | Early termination clause exists with reasonable terms | | | 5 | Maintenance responsibilities clearly divided | | | 6 | Security deposit terms comply with state law | | | 7 | Entry requires 24+ hours notice for non-emergencies | | | 8 | Guest, modification, and subletting rules are reasonable | | | 9 | Violations have a cure period before penalties | | | 10 | Dispute resolution is fair and does not waive key rights | |
Before You Sign: Document Everything
Take dated photos of every room, appliance, and existing damage before signing. Email them to yourself and the landlord to create a timestamped record. This single step prevents the majority of security deposit disputes.
Create Your Own Lease Agreement
If you are a landlord or property manager, draft a lease that protects both parties from the start.
Create a lease agreement on contract.diy — with jurisdiction-specific terms, maintenance clauses, and security deposit provisions built in. Or browse all contract types to find the right template.