Residential Lease Agreement Guide: Essential Information for Landlords

Comprehensive guide to residential lease agreements for first-time landlords, multi-property owners, and vacation rental managers. Learn key components, legal requirements, and best practices.

Introduction

A Residential Lease Agreement is a legally binding contract between a landlord and tenant that outlines the terms and conditions for renting a residential property. Whether you're a first-time landlord, manage multiple rental units, or own vacation properties, understanding the components and legal implications of a lease agreement is crucial for protecting your investment and establishing clear expectations with your tenants. This document serves as the foundation of your landlord-tenant relationship, covering everything from rent payments and security deposits to maintenance responsibilities and termination conditions. A well-crafted lease agreement helps prevent disputes, ensures legal compliance, and provides a framework for addressing issues that may arise during the tenancy.

Key Things to Know

  1. 1

    Residential lease agreements must comply with federal, state, and local housing laws, which vary significantly by location. What's legal in one jurisdiction may be prohibited in another.

  2. 2

    Security deposit limits, required disclosures, and notice periods for entry or termination are typically governed by state law and cannot be overridden by your lease terms.

  3. 3

    Fair Housing laws prohibit discrimination based on protected characteristics (race, color, national origin, religion, sex, familial status, and disability) in all aspects of the landlord-tenant relationship.

  4. 4

    Verbal agreements are difficult to enforce - always put your lease agreement in writing and have all parties sign it, even for short-term rentals.

  5. 5

    Regular property inspections (with proper notice) help identify maintenance issues early and document the condition of your property throughout the tenancy.

  6. 6

    Consider including an attorney fee provision that allows the prevailing party in a dispute to recover reasonable legal costs.

  7. 7

    For vacation rentals, check if your property insurance covers short-term rental use, as standard homeowner's policies often exclude this activity.

  8. 8

    Many jurisdictions have enacted specific regulations for short-term rentals, including permit requirements, occupancy taxes, and zoning restrictions.

Key Decisions

Owners of Vacation or Short-Term Rentals

Property Owners with Multiple Units

First-time Landlords

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RESIDENTIAL LEASE AGREEMENT

This Residential Lease Agreement (hereinafter referred to as the "Agreement" or "Lease") is made and entered into on this _____ day of ________________, [YEAR], by and between:

1. PARTIES AND PROPERTY

1.1 Landlord

Landlord/Owner: _________________________________ ("Landlord") Address: _______________________________________ Phone: ________________________________________ Email: ________________________________________

1.2 Tenant(s)

Tenant(s): _____________________________________ ("Tenant") Phone: ________________________________________ Email: ________________________________________

Additional Tenant(s):




1.3 Property Description

Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for residential purposes only, the premises located at:

Street Address: __________________________________ Unit Number (if applicable): _______________________ City: ________________ State: _____ Zip Code: _________

Legal Description: _______________________________ (the "Premises" or "Property")

1.4 Occupancy Limits

The Premises shall be occupied solely by the Tenant(s) named above and the following minor children:




The maximum number of occupants shall not exceed _____ persons. Occupancy by guests staying over _____ consecutive days will be considered a violation of this Agreement unless prior written consent is obtained from Landlord.

2. TERM AND RENEWAL

2.1 Lease Term

This Agreement shall commence on ________________, [YEAR] ("Commencement Date") and shall continue as a fixed-term lease until ________________, [YEAR] ("Termination Date"), unless terminated earlier in accordance with the provisions of this Agreement.

2.2 Renewal Terms

This Agreement shall: (select one)

  • Automatically renew on a month-to-month basis after the initial term, unless either party provides written notice of termination at least _____ days prior to the Termination Date.
  • Terminate on the Termination Date unless both parties agree in writing to extend the term.

If this Agreement converts to a month-to-month tenancy, either party may terminate by providing written notice to the other party at least _____ days prior to the intended termination date.

Landlord reserves the right to increase the rent upon renewal by providing Tenant with written notice at least _____ days prior to the effective date of the increase. Any other modifications to the terms of this Agreement upon renewal must be agreed to in writing by both parties.

2.3 Holdover

If Tenant remains in possession of the Premises after the Termination Date without executing a new lease or obtaining Landlord's written consent to extend this Agreement, Tenant shall be deemed a holdover tenant. In such event:

(a) Tenant shall be liable for rent at a rate equal to _____ times the daily prorated rent under this Agreement for each day Tenant remains in possession;

(b) Tenant shall be liable for any and all actual damages sustained by Landlord as a result of Tenant's holdover, including but not limited to costs associated with securing a replacement tenant;

(c) Landlord may proceed with an eviction action in accordance with applicable law; and

(d) Acceptance of rent by Landlord during a holdover period shall not constitute a renewal or extension of this Agreement or a waiver of Landlord's right to proceed with an eviction action.

3. FINANCIAL TERMS

3.1 Rent Amount

Tenant agrees to pay rent in the amount of $__________ per month, payable in advance on or before the _____ day of each month during the term of this Agreement. The total rent for the initial term of this Agreement is $__________.

Rent shall be paid by: (select all that apply)

  • Personal check
  • Cashier's check
  • Money order
  • Electronic funds transfer
  • Online payment system: ________________________
  • Other: ______________________________________

Rent payments shall be delivered to: Address: _______________________________________ Online Portal: __________________________________

3.2 Prorated Rent

If the Commencement Date is not the first day of the month, Tenant shall pay prorated rent in the amount of $__________ for the period from the Commencement Date through the last day of that month, payable on or before the Commencement Date.

3.3 Grace Period and Late Fees

Rent is due on the date specified in Section 3.1. However, Tenant shall have a grace period of _____ days after the due date. If rent is not received by Landlord by the end of the grace period, Tenant shall pay a late fee of $__________ plus an additional fee of $__________ for each additional day that rent remains unpaid.

The total late fees charged per month shall not exceed $__________ or the maximum amount permitted by applicable law, whichever is less. Acceptance of late rent and late fees does not constitute a waiver of Landlord's right to enforce timely payment in the future.

3.4 Returned Check Fees

If any check or electronic payment offered by Tenant to Landlord in payment of rent or any other amount due under this Agreement is returned for insufficient funds, stopped payment, or any other reason, Tenant shall pay a returned check fee of $__________ per occurrence, plus any applicable late fees.

3.5 Security Deposit

Upon execution of this Agreement, Tenant shall pay a security deposit in the amount of $__________ to secure Tenant's compliance with the terms of this Agreement and to cover any damages to the Premises beyond normal wear and tear.

The security deposit shall be held in an account at ________________________ [financial institution] in accordance with applicable state law. The account (select one):

  • Will bear interest payable to Tenant
  • Will not bear interest payable to Tenant

Within _____ days after Tenant vacates the Premises, Landlord shall provide Tenant with an itemized written statement of the basis for, and the amount of, any security deposit retained by Landlord, and shall return any remaining portion of the security deposit to Tenant.

Tenant may not apply the security deposit toward the last month's rent or any other charges without Landlord's prior written consent.

3.6 Utilities and Services

The following utilities and services shall be the responsibility of the party indicated:

Utility/ServiceResponsible Party
Electricity_________________
Gas_________________
Water_________________
Sewer_________________
Trash removal_________________
Recycling_________________
Internet_________________
Cable/Satellite TV_____________
Lawn care_________________
Snow removal_________________
Pest control_________________
Other: ________________________

Tenant shall establish accounts in Tenant's name for all utilities and services designated as Tenant's responsibility and shall pay all charges when due. Failure to maintain required utilities shall constitute a material breach of this Agreement.

3.7 Application of Payments

All payments from Tenant shall be applied in the following order:

  1. Outstanding late fees and returned check fees
  2. Legal fees and court costs legally chargeable to Tenant
  3. Outstanding utility charges
  4. Past due rent
  5. Current rent due

4. DEPOSITS AND FEES

4.1 Pet Deposit/Fee

If pets are permitted pursuant to Section 8.1 of this Agreement, Tenant shall pay:

  • A refundable pet deposit of $__________ per pet
  • A non-refundable pet fee of $__________ per pet
  • Monthly pet rent of $__________ per pet

The refundable portion of the pet deposit shall be handled in the same manner as the security deposit described in Section 3.5.

4.2 Other Deposits

Tenant shall pay the following additional deposits:

  • Key/FOB deposit: $__________
  • Amenity access deposit: $__________
  • Other: _________________ $__________

These deposits shall be refundable upon return of all keys/FOBs and subject to the same terms as the security deposit described in Section 3.5, unless otherwise specified.

4.3 Non-Refundable Fees

Tenant acknowledges payment of the following non-refundable fees:

  • Application fee: $__________
  • Administrative/processing fee: $__________
  • Cleaning fee: $__________
  • Other: _________________ $__________

These fees shall not be returned to Tenant under any circumstances and are not part of the security deposit.

5. USE AND OCCUPANCY

5.1 Permitted Use

The Premises shall be used and occupied by Tenant exclusively as a private residential dwelling. No part of the Premises shall be used at any time for any commercial, business, or professional purpose, except as permitted in Section 5.4 of this Agreement.

Tenant shall comply with all applicable laws, ordinances, regulations, and rules of any federal, state, county, municipal, or other governmental authority, and all recorded covenants, conditions, and restrictions affecting the Premises.

5.2 Subletting and Assignment

Tenant shall not sublet any part of the Premises or assign this Agreement without the prior written consent of Landlord, which may be withheld in Landlord's sole discretion. Any attempted subletting or assignment without Landlord's prior written consent shall be void and shall constitute a material breach of this Agreement.

If Landlord consents to a sublease or assignment, Tenant shall remain liable for all obligations under this Agreement unless specifically released in writing by Landlord. Landlord may charge a reasonable fee for processing any sublease or assignment request.

5.3 Guest Policy

Tenant may accommodate guests for a period not exceeding _____ consecutive days or _____ total days in any six-month period. Any guest staying longer than this period shall be considered an unauthorized occupant, and Tenant shall be in material breach of this Agreement unless prior written consent is obtained from Landlord.

Tenant shall be responsible for the conduct of all guests and shall ensure that guests comply with all terms of this Agreement. Tenant shall be liable for any damage to the Premises caused by guests.

5.4 Business Use Restrictions

Tenant shall not conduct any business activities on the Premises except for limited home office use that: (a) Is incidental to Tenant's primary residential use; (b) Does not involve customer or client visits to the Premises; (c) Does not require deliveries or shipments beyond what is typical for residential use; (d) Does not involve the storage of inventory or equipment visible from outside the Premises; (e) Does not create noise, odors, or other disturbances; and (f) Complies with all applicable zoning laws, homeowner association rules, and other restrictions.

Any business use beyond these limitations requires Landlord's prior written consent.

6. MAINTENANCE AND REPAIRS

6.1 Maintenance Responsibilities

Landlord's Responsibilities: Landlord shall be responsible for maintaining the Premises in compliance with applicable building and housing codes materially affecting health and safety, including: (a) Structural elements of the building, including the roof, foundation, exterior walls, and load-bearing interior walls; (b) Electrical, plumbing, heating, ventilation, and air conditioning systems; (c) Common areas, if any; (d) Major appliances provided by Landlord, unless damaged by Tenant's misuse or negligence; and (e) Any other repairs required by applicable law.

Tenant's Responsibilities: Tenant shall be responsible for: (a) Keeping the Premises, including all fixtures, appliances, and equipment, in a clean, sanitary, and safe condition; (b) Using all electrical, plumbing, heating, ventilation, air conditioning, and other facilities and appliances in a reasonable manner; (c) Disposing of all garbage, rubbish, and other waste in a clean and sanitary manner; (d) Replacing light bulbs, fuses, and HVAC filters; (e) Routine pest control for infestations not present at move-in; (f) Lawn maintenance and snow removal (if specified in Section 3.6); (g) Promptly notifying Landlord of any defective or dangerous conditions; and (h) Repairing or replacing any damage to the Premises caused by Tenant, Tenant's guests, or pets, excluding normal wear and tear.

6.2 Repair Procedures

Tenant shall promptly notify Landlord in writing of any necessary repairs or maintenance issues. For routine maintenance requests, Tenant shall: (a) Submit requests in writing to: ________________________________ (b) Include a detailed description of the issue and permission to enter the Premises; (c) Allow reasonable time for response and completion of repairs.

For emergency repairs (those posing an immediate threat to health, safety, or property), Tenant shall: (a) Contact Landlord or property manager immediately at: ________________ (b) If unable to reach Landlord and the emergency requires immediate attention, Tenant may authorize repairs up to $__________ and shall be reimbursed by Landlord upon presentation of receipts, provided the emergency was not caused by Tenant's negligence.

Landlord shall make all repairs within a reasonable time, considering the nature of the issue, availability of materials and labor, and other relevant factors.

6.3 Tenant Alterations

Tenant shall not make any alterations, additions, or improvements to the Premises without Landlord's prior written consent, including but not limited to: (a) Painting, wallpapering, or changing any wall coverings; (b) Installing shelving, picture hooks, or other fixtures that require wall, ceiling, or floor penetration; (c) Installing or replacing appliances, fixtures, or equipment; (d) Changing or adding locks or security systems; (e) Making structural changes or additions; or (f) Installing satellite dishes or antennas.

If Landlord consents to any alterations, additions, or improvements: (a) All work shall be performed in a workmanlike manner and in compliance with all applicable laws, codes, and regulations; (b) Tenant shall be responsible for obtaining any required permits; (c) Tenant shall be responsible for all costs associated with the alterations; (d) All alterations shall become the property of Landlord upon installation, unless otherwise agreed in writing; and (e) Landlord may require Tenant to restore the Premises to its original condition upon termination of this Agreement.

6.4 Landlord's Right of Entry

Landlord or Landlord's authorized agents may enter the Premises under the following circumstances: (a) In case of emergency; (b) To make necessary or agreed-upon repairs, alterations, or improvements; (c) To supply necessary or agreed-upon services; (d) To show the Premises to prospective purchasers, mortgagees, tenants, or contractors; (e) To conduct inspections; or (f) When Tenant has abandoned or surrendered the Premises.

Except in cases of emergency, Tenant's abandonment of the Premises, court order, or where it is impracticable to do so, Landlord shall give Tenant at least _____ hours' notice before entering the Premises. Entry shall occur during reasonable hours.

Tenant shall not unreasonably withhold consent to Landlord's entry for the purposes specified above.

7. MAINTENANCE AND CONDITION OF PREMISES

7.1 Move-In Condition

Tenant acknowledges that Tenant has examined the Premises and accepts the Premises in its current condition, except as noted in the Move-In Inspection Report attached to this Agreement as Exhibit A. By accepting possession of the Premises, Tenant acknowledges that the Premises are in good order and repair, unless otherwise specified in the Move-In Inspection Report.

7.2 Tenant's Maintenance Obligations

In addition to the responsibilities outlined in Section 6.1, Tenant shall: (a) Keep the Premises in a clean, sanitary, and safe condition; (b) Properly use and operate all electrical, gas, plumbing, heating, cooling, and other fixtures and appliances; (c) Prevent the accumulation of moisture and the growth of mold by: (i) Using bathroom fans or opening windows during and after showering/bathing; (ii) Using exhaust fans or opening windows when cooking; (iii) Maintaining reasonable heat during cold weather to prevent freezing of pipes; (iv) Promptly reporting any water leaks or intrusion; (d) Regularly remove trash and debris from the Premises; (e) Replace HVAC filters at least once every _____ months; (f) Test and maintain smoke and carbon monoxide detectors as required by law; and (g) Take other measures as may be reasonably necessary to maintain the Premises.

7.3 Damage to Premises

Tenant shall be responsible for any damage to the Premises caused by Tenant's acts or neglect, or by the acts or neglect of Tenant's family, guests, invitees, or pets. Tenant shall immediately notify Landlord of any damage to the Premises.

If the Premises are damaged or destroyed by fire, flood, or other casualty to an extent that enjoyment of the Premises is substantially impaired, Tenant may: (a) Immediately vacate the Premises and notify Landlord in writing within 14 days of Tenant's intention to terminate this Agreement, in which case this Agreement shall terminate as of the date of vacating; or (b) If continued occupancy is lawful, vacate any part of the Premises rendered unusable by the damage, in which case Tenant's liability for rent shall be reduced in proportion to the diminution in the fair rental value of the Premises.

If this Agreement is terminated due to damage not caused by Tenant, Tenant shall be entitled to a pro-rata refund of any prepaid rent and the return of the security deposit in accordance with Section 3.5.

8. RULES AND POLICIES

8.1 Pet Policy

Tenant (select one):

  • May not keep any pets or animals on the Premises.
  • May keep the following pets on the Premises:
Type/BreedNameWeightAgeLicense/ID

Tenant agrees to the following pet rules: (a) No additional or replacement pets are permitted without Landlord's prior written consent; (b) All pets must be properly licensed and vaccinated according to applicable laws; (c) Pets must be kept under control at all times and must not disturb neighbors or other tenants; (d) Tenant shall promptly clean up after pets and properly dispose of all waste; (e) Tenant shall be responsible for any damage caused by pets, including but not limited to damage to carpets, floors, walls, furniture, landscaping, and common areas; (f) Tenant shall be responsible for any pest infestation caused by pets; (g) Service animals for persons with disabilities are not subject to the pet restrictions in this Agreement, but Tenant must provide appropriate documentation if requested by Landlord.

8.2 Smoking Policy

Smoking (select one):

  • Is strictly prohibited anywhere on the Premises, including all indoor and outdoor areas.
  • Is prohibited inside the dwelling unit but permitted in the following designated outdoor areas: ________________________________
  • Is permitted in the Premises.

For purposes of this provision, "smoking" includes the use of cigarettes, cigars, pipes, electronic cigarettes, vaporizers, or any other device that produces smoke, vapor, or aerosol from the burning or heating of tobacco, nicotine, cannabis, or any other substance.

Violation of this smoking policy shall constitute a material breach of this Agreement. Tenant shall be responsible for all damage caused by smoking, including but not limited to stains, burns, odors, and smoke residue.

8.3 Noise and Disturbance Policy

Tenant, Tenant's family, guests, and invitees shall not make or allow any excessive noise or disturbance that might interfere with the rights, comfort, or convenience of other tenants or neighbors.

Quiet hours shall be observed between the hours of _____ PM and _____ AM, during which time Tenant shall keep noise levels to a minimum.

Musical instruments, televisions, radios, and other sound-producing devices shall be played at a volume that does not disturb other tenants or neighbors at any time.

8.4 Property Rules

Tenant agrees to comply with the following rules and regulations:

Parking: (a) Tenant is assigned parking space(s) #__________ for Tenant's exclusive use. (b) Vehicles must be currently registered, licensed, and operational. (c) No vehicle maintenance or repair shall be performed on the Premises. (d) No recreational vehicles, boats, trailers, or commercial vehicles may be parked on the Premises without Landlord's prior written consent. (e) Improperly parked vehicles may be towed at vehicle owner's expense.

Common Areas (if applicable): (a) Common areas shall be used only for their intended purposes. (b) Personal items may not be stored in common areas. (c) Tenant shall not obstruct walkways, entrances, stairs, or halls. (d) Children must be supervised in common areas at all times.

Amenities (if applicable): (a) Pool/spa hours: ________________________________ (b) Fitness center hours: ___________________________ (c) Laundry facilities hours: ________________________ (d) Additional rules for amenities are posted in the respective areas and are incorporated into this Agreement by reference.

Balconies, Patios, and Exterior Areas: (a) No items shall be hung from balconies, windows, or exterior railings. (b) Balconies and patios shall not be used for storage. (c) No grills or open flames are permitted on balconies or within _____ feet of the building. (d) Satellite dishes and antennas may only be installed with prior written consent from Landlord and in compliance with applicable laws and regulations.

General Rules: (a) No waterbeds or liquid-filled furniture without Landlord's prior written consent. (b) No hazardous materials may be stored on the Premises. (c) Window coverings visible from the exterior shall be white or off-white in color unless otherwise approved by Landlord. (d) No signs, advertisements, or notices shall be displayed on or about the Premises without Landlord's prior written consent. (e) No additional locks or security devices shall be installed without Landlord's prior written consent.

Landlord may modify these rules upon written notice to Tenant. Repeated violations of these rules shall constitute a material breach of this Agreement.

8.5 Waste Disposal Requirements

Tenant shall dispose of all garbage, rubbish, and other waste in a clean, safe, and sanitary manner.

Trash Collection: (a) Collection day(s): ________________________________ (b) Trash must be placed in appropriate containers and set out no earlier than _____ hours before scheduled collection. (c) Containers must be retrieved no later than _____ hours after collection.

Recycling: (a) Collection day(s): ________________________________ (b) Recyclable materials must be properly sorted according to local requirements. (c) Contaminated recycling may result in fines, which shall be Tenant's responsibility if caused by Tenant's failure to properly sort recyclables.

Prohibited Disposals: (a) No hazardous materials, chemicals, or automotive fluids shall be disposed of in trash containers, recycling bins, toilets, sinks, or on the grounds. (b) Large items requiring special disposal shall be Tenant's responsibility to remove. (c) Tenant shall comply with all local ordinances regarding waste disposal.

9. DEFAULT AND REMEDIES

9.1 Default by Tenant

The occurrence of any of the following shall constitute a material default and breach of this Agreement by Tenant: (a) Failure to pay rent or any other charges when due; (b) Abandonment or vacation of the Premises; (c) Failure to maintain the Premises as provided in this Agreement; (d) Improper use of the Premises or violation of rules and regulations; (e) Allowing unauthorized persons to occupy the Premises; (f) Keeping unauthorized pets on the Premises; (g) Making unauthorized alterations to the Premises; (h) Engaging in illegal activities on the Premises; (i) Causing significant damage to the Premises; (j) Repeated or continuing disturbance of neighbors or other tenants; (k) Providing false or misleading information on the rental application; or (l) Failure to comply with any other term or condition of this Agreement.

9.2 Landlord Remedies

In the event of Tenant's material default, Landlord may at any time: (a) Terminate this Agreement by giving Tenant written notice specifying the termination date, which shall be not less than the minimum notice period required by law; (b) Recover damages from Tenant, including unpaid rent, costs of reletting, and any other damages allowed by law; (c) Pursue eviction proceedings in accordance with applicable law; (d) Apply the security deposit toward unpaid rent or damages; (e) Perform any obligation on Tenant's behalf and bill Tenant for the cost plus an administrative fee of $__________ or ____% of the cost, whichever is greater; (f) Report delinquent payments to credit reporting agencies; and/or (g) Exercise any other legal or equitable remedies available under applicable law.

The remedies provided in this Agreement are cumulative and not exclusive. Pursuit of any remedy by Landlord shall not constitute a waiver or election of remedies.

9.3 Abandonment

The Premises shall be deemed abandoned if: (a) Tenant has been absent from the Premises for a period of _____ consecutive days without prior notice to Landlord; and (b) Rent is unpaid for the period of absence; and (c) Tenant has removed a substantial portion of Tenant's personal property; or (d) Tenant has expressed an intent not to return.

In the event of abandonment, Landlord may: (a) Enter the Premises and remove any abandoned personal property; (b) Store such property at Tenant's expense for a period of _____ days; (c) Dispose of the property if not claimed within the storage period; (d) Re-enter and re-let the Premises; and (e) Apply the security deposit toward unpaid rent and damages.

Landlord shall provide written notice to Tenant's last known address regarding the disposition of abandoned property in accordance with applicable law.

10. TERMINATION

10.1 Early Termination

Except as provided in Sections 10.2 and 10.3, if Tenant terminates this Agreement before the Termination Date, Tenant shall be liable for: (a) Rent until the Premises is re-rented or the Termination Date, whichever occurs first; (b) Costs of re-renting the Premises, including advertising, cleaning, and repairs; (c) An early termination fee of $__________ or ____% of the remaining rent due under this Agreement, whichever is less; and (d) Any other damages incurred by Landlord as a result of the early termination.

Landlord shall make reasonable efforts to re-rent the Premises to mitigate damages.

10.2 Military Clause

If Tenant is a member of the United States Armed Forces, Tenant may terminate this Agreement early under the following circumstances: (a) Tenant receives permanent change of station orders to move at least 35 miles from the Premises; (b) Tenant is prematurely or involuntarily discharged or released from active duty; (c) Tenant is deployed with a military unit for a period of 90 days or more; or (d) Other circumstances as provided for under the Servicemembers Civil Relief Act (SCRA).

To terminate under this provision, Tenant must provide Landlord with written notice and a copy of the official military orders or a letter from Tenant's commanding officer confirming one of the above circumstances. The termination shall be effective 30 days after the next rent payment is due, following delivery of the notice.

10.3 Early Termination Due to Extraordinary Circumstances

Tenant may terminate this Agreement early without penalty under the following circumstances: (a) Domestic violence, sexual assault, unlawful harassment, or stalking against Tenant or a household member, as documented by [specify acceptable documentation per state law]; (b) Death of Tenant, provided Tenant's estate or family provides _____ days' notice and pays rent through the notice period; (c) Uninhabitable conditions not caused by Tenant or Tenant's guests; or (d) Other circumstances as may be provided for under applicable law.

Documentation requirements and notice periods for early termination under these circumstances shall be in accordance with applicable law.

10.4 Notice Requirements

Unless otherwise specified in this Agreement or required by law, any notice to terminate this Agreement shall be in writing and delivered to the other party at least _____ days prior to the intended termination date.

Notices to Landlord shall be delivered to the address specified in Section 1.1. Notices to Tenant shall be delivered to the Premises or to the address specified by Tenant in writing.

Delivery of notice may be by: (a) Personal delivery; (b) Certified mail, return receipt requested; (c) Overnight courier with confirmation of delivery; or (d) Other methods authorized by applicable law.

Notice shall be deemed delivered on the date of personal delivery, the date of delivery confirmation for courier service, or three days after deposit in the U.S. mail for certified mail.

11. MOVE-OUT

11.1 Move-Out Procedures

Upon termination of this Agreement, Tenant shall: (a) Vacate the Premises and remove all personal property; (b) Clean the Premises thoroughly, including but not limited to: (i) Cleaning all appliances inside and out; (ii) Cleaning all bathrooms, including toilets, tubs, showers, sinks, and mirrors; (iii) Cleaning all floors, carpets, and window coverings; (iv) Removing all trash and debris; (v) Patching and painting any holes in walls (with Landlord's prior approval of materials); (c) Return all keys, access cards, garage door openers, and other access devices; (d) Provide Landlord with a forwarding address for return of the security deposit; and (e) Schedule and attend a move-out inspection with Landlord, if requested.

Failure to comply with these procedures may result in additional charges against the security deposit.

11.2 Property Condition Documentation

Landlord and Tenant shall complete a Move-Out Inspection Report documenting the condition of the Premises at the time of move-out. Tenant shall have the right to be present during the inspection.

The Move-Out Inspection Report shall be compared to the Move-In Inspection Report to determine any damages beyond normal wear and tear for which Tenant may be responsible.

Landlord shall provide Tenant with an itemized statement of any deductions from the security deposit, including the cost of any cleaning or repairs necessary to restore the Premises to the condition at the beginning of the tenancy, ordinary wear and tear excepted.

12. LEGAL PROVISIONS

12.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of ________________, without giving effect to any choice of law or conflict of law provisions. The parties consent to the exclusive jurisdiction and venue in the state and federal courts located in ________________ County, ________________ [State].

12.2 Severability

If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the maximum extent permitted by law. The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from this Agreement. In such event, the parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the parties' original intent and economic expectations. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

12.3 Attorney Fees

In the event of any legal action or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees, court costs, and other reasonable expenses incurred in connection with such action or proceeding, in addition to any other relief to which such party may be entitled. This provision shall survive the termination of this Agreement.

12.4 Indemnification

Tenant agrees to indemnify, defend, and hold Landlord harmless from and against any and all claims, actions, suits, judgments, and demands brought by any other party on account of or in connection with any activity or damage caused by Tenant, Tenant's family members, guests, invitees, or pets. This indemnification shall include all of Landlord's costs and expenses, including reasonable attorney fees.

This indemnification provision shall not apply to any claims, actions, suits, judgments, or demands arising out of Landlord's negligence or willful misconduct, or Landlord's failure to perform any obligation under this Agreement or applicable law.

12.5 Liability and Insurance

Landlord shall not be liable for any damage or injury to Tenant, Tenant's family members, guests, or invitees, or to any property occurring on the Premises, unless such damage or injury is the result of Landlord's gross negligence or willful misconduct.

Tenant is strongly encouraged to secure renters insurance to protect against personal injury and property damage, including losses from theft, fire, smoke, water damage, and vandalism. Tenant's insurance should include personal liability coverage of at least $__________.

  • Renters insurance is required. Tenant shall provide proof of insurance to Landlord within _____ days of the Commencement Date and upon renewal.
  • Renters insurance is recommended but not required.

Landlord's insurance does not cover Tenant's personal property or personal liability. Landlord shall maintain property insurance covering the building and Landlord's property, and liability insurance covering Landlord's liability.

12.6 Lead-Based Paint Disclosure

For properties built before 1978, Landlord has provided Tenant with a Lead-Based Paint Disclosure Statement and the EPA pamphlet "Protect Your Family from Lead in Your Home," which are attached to and incorporated into this Agreement as Exhibit B.

  • The Premises was built before 1978 and the Lead-Based Paint Disclosure applies.
  • The Premises was built in or after 1978 and the Lead-Based Paint Disclosure does not apply.

12.7 Other Required Disclosures

Landlord has provided Tenant with the following additional disclosures as required by applicable law:

  • Mold disclosure
  • Bed bug disclosure
  • Flood zone disclosure
  • Methamphetamine contamination disclosure
  • Radon disclosure
  • Other: ________________________________

These disclosures are attached to and incorporated into this Agreement as Exhibit C.

12.8 Entire Agreement

This Agreement, including all attachments and exhibits incorporated by reference, constitutes the entire agreement between Landlord and Tenant with respect to the subject matter hereof. This Agreement supersedes all prior and contemporaneous agreements, representations, and understandings of the parties, whether oral or written.

No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

12.9 Amendment Procedures

This Agreement may only be modified by a written amendment signed by both Landlord and Tenant. Oral agreements to modify this Agreement shall not be binding.

Landlord may modify the rules and regulations referenced in Section 8.4 by providing Tenant with written notice at least _____ days before the modification becomes effective.

12.10 Waiver Provisions

No failure or delay by either party in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by the party against whom enforcement is sought.

Landlord's acceptance of rent with knowledge of a default by Tenant shall not constitute a waiver of such default, nor shall it establish a custom or course of dealing that modifies the terms of this Agreement.

12.11 Subordination Clause

This Agreement is and shall be subject and subordinate to all ground or underlying leases, mortgages, deeds of trust, and other security instruments which now or hereafter affect the Premises, and to all renewals, modifications, consolidations, replacements, and extensions thereof. This subordination provision shall be self-operative and no further instrument of subordination shall be required.

Tenant agrees to execute and deliver, within _____ days of request, any document confirming such subordination that may be requested by Landlord or any mortgagee or beneficiary under any deed of trust or similar instrument.

13. SIGNATURES

By signing below, Tenant acknowledges having read and understood all provisions of this Agreement and agrees to comply with all its terms and conditions.

LANDLORD:

_____________________________________ Date: _______________ [Landlord Name/Authorized Agent]

TENANT(S):

_____________________________________ Date: _______________ [Tenant Name]

_____________________________________ Date: _______________ [Tenant Name]

_____________________________________ Date: _______________ [Tenant Name]

EXHIBITS

  • Exhibit A: Move-In Inspection Report
  • Exhibit B: Lead-Based Paint Disclosure (if applicable)
  • Exhibit C: Additional Required Disclosures
  • Exhibit D: Rules and Regulations
  • Exhibit E: Pet Agreement (if applicable)

New Mexico Requirements for Residential Lease Agreement

Security Deposit Limits (New Mexico Stat. § 47-8-18)

In New Mexico, landlords cannot charge more than one month's rent as a security deposit for leases less than one year. The deposit must be returned within 30 days after the tenant vacates the property, along with an itemized list of any deductions.

Rent Grace Period (New Mexico Stat. § 47-8-15(B))

New Mexico law provides a mandatory grace period of at least three days before a landlord can charge a late fee for unpaid rent.

Notice of Entry (New Mexico Stat. § 47-8-24(A))

Landlords must provide at least 24 hours' notice before entering a rental property, except in cases of emergency or when impractical to do so.

Habitability Requirements (New Mexico Stat. § 47-8-20)

Landlords must maintain the property in a habitable condition, including providing functioning plumbing, heating, and electrical systems, and addressing any conditions that materially affect health and safety.

Eviction Procedures (New Mexico Stat. § 47-8-33, 47-8-37)

Landlords must follow specific legal procedures for eviction, including proper notice periods (7 days for non-payment of rent, 7 days for lease violations, 30 days for no-cause termination in month-to-month tenancies).

Retaliation Prohibition (New Mexico Stat. § 47-8-39)

Landlords are prohibited from retaliating against tenants who exercise their legal rights, such as complaining about unsafe conditions or joining a tenant organization.

Abandoned Property (New Mexico Stat. § 47-8-34.1)

Specific procedures must be followed for handling a tenant's abandoned property, including storage requirements and notification before disposal.

Domestic Violence Protections (New Mexico Stat. § 47-8-33(J))

Tenants who are victims of domestic violence have special protections, including the right to terminate a lease early without penalty under certain circumstances.

Rent Increase Notice (New Mexico Stat. § 47-8-15(F))

For month-to-month tenancies, landlords must provide at least 30 days' written notice before implementing a rent increase.

Repair and Deduct Provisions (New Mexico Stat. § 47-8-27.2)

Tenants may make necessary repairs and deduct the cost from rent under certain circumstances when landlords fail to make essential repairs after proper notice.

Fair Housing Compliance (42 U.S.C. § 3601-3619)

Landlords must comply with federal Fair Housing Act prohibitions against discrimination based on race, color, national origin, religion, sex, familial status, or disability.

Americans with Disabilities Act Compliance (42 U.S.C. § 12101 et seq.)

Reasonable accommodations must be provided for tenants with disabilities, including allowing modifications to the property at the tenant's expense.

Lead-Based Paint Disclosure (42 U.S.C. § 4852d)

For properties built before 1978, landlords must disclose known information about lead-based paint hazards and provide tenants with an EPA-approved pamphlet on lead poisoning prevention.

Military Service Member Protections (50 U.S.C. § 3955)

Active duty military personnel have special lease termination rights under the Servicemembers Civil Relief Act, allowing them to break a lease under certain deployment or relocation orders.

Rental Payment Methods (New Mexico Stat. § 47-8-15(H))

New Mexico law requires landlords to provide at least one method of rent payment that is not electronic funds transfer, unless specified otherwise in the rental agreement.

Mandatory Disclosures (New Mexico Stat. § 47-8-19)

Landlords must disclose the names and addresses of all persons authorized to manage the property, as well as the owner or person authorized to act on the owner's behalf.

Utility Responsibility (New Mexico Stat. § 47-8-20(A)(6))

The lease must clearly state which utilities are the responsibility of the landlord and which are the responsibility of the tenant, including any shared utility arrangements.

Prohibited Lease Provisions (New Mexico Stat. § 47-8-16)

Certain provisions are prohibited in New Mexico leases, including those that waive rights under the Uniform Owner-Resident Relations Act or require tenants to pay landlord's attorney fees.

Pet Policies (Fair Housing Act, 42 U.S.C. § 3604)

While landlords may restrict pets, service animals for persons with disabilities must be allowed as a reasonable accommodation under federal law, regardless of pet policies.

Smoke Detector Requirements (New Mexico Stat. § 47-8-20(A)(5))

Landlords must provide functioning smoke detectors in all rental units in compliance with state fire codes and local ordinances.

Frequently Asked Questions

A comprehensive Residential Lease Agreement should include: (1) Names and contact information of all parties involved; (2) Property description and address; (3) Lease term (start and end dates); (4) Rent amount, due date, and payment methods; (5) Security deposit amount and conditions for return; (6) Utilities and maintenance responsibilities; (7) Rules regarding property use, occupancy limits, and pets; (8) Conditions for lease termination or renewal; (9) Entry rights for landlords; (10) Provisions for repairs and alterations; (11) Consequences for lease violations; and (12) Signatures of all parties. For vacation rentals, additional terms regarding cleaning fees, occupancy limits, and house rules are typically included.

Short-term and vacation rental agreements differ from standard residential leases in several ways: (1) Duration - typically days or weeks rather than months or years; (2) Payment structure - often requiring full payment upfront rather than monthly installments; (3) Security measures - may include higher security deposits or damage waivers; (4) Cleaning fees - usually explicitly stated and non-refundable; (5) Occupancy limits - strictly enforced due to insurance and safety regulations; (6) House rules - more detailed regarding noise, parties, and property use; (7) Cancellation policies - specific terms for refunds based on notice period; (8) Local regulations - must comply with short-term rental ordinances, permits, and taxes in your jurisdiction. Additionally, vacation rental agreements often include information about check-in/check-out procedures, amenity access, and emergency contacts.

First-time landlords often make these mistakes: (1) Using generic templates that don't comply with local laws; (2) Failing to include specific details about the property and its condition; (3) Setting unclear or unenforceable rules; (4) Not documenting the property condition before move-in; (5) Inadequate security deposit provisions; (6) Vague language regarding maintenance responsibilities; (7) Insufficient late fee or penalty structures; (8) Missing required disclosures (lead paint, mold, etc.); (9) Failing to update lease terms regularly as laws change; (10) Not having the lease reviewed by a real estate attorney familiar with local regulations; (11) Overlooking provisions for early termination; and (12) Inadequate specificity about lease renewal terms. These mistakes can lead to disputes, difficulty enforcing terms, or even legal liability.

Security deposit handling should be clearly outlined in your lease agreement and follow these best practices: (1) Specify the exact amount, which is often limited by state law (typically 1-2 months' rent); (2) Detail the conditions under which deductions may be made (damage beyond normal wear and tear, unpaid rent, etc.); (3) Explain the inspection process that will occur at move-out; (4) Provide the timeframe for returning the deposit after tenancy ends (usually mandated by state law, typically 14-60 days); (5) Indicate where the deposit will be held (some states require interest-bearing accounts); (6) Include a move-in checklist as an addendum to document pre-existing conditions; (7) Distinguish between security deposits and non-refundable fees; (8) For multiple properties, maintain separate accounting for each property's deposits; and (9) For vacation rentals, explain how damage claims will be processed and the timeline for refunds.

A comprehensive lease agreement should clearly delineate maintenance and repair responsibilities: (1) Landlord's obligations for maintaining structural elements, major systems (plumbing, electrical, HVAC), and ensuring the property meets habitability standards; (2) Tenant's responsibilities for routine maintenance like changing light bulbs, battery replacement in smoke detectors, and keeping the property clean; (3) Procedures for reporting maintenance issues, including emergency contact information; (4) Timeframes for addressing different types of repairs; (5) Consequences for tenant-caused damages beyond normal wear and tear; (6) Access protocols for landlord entry to make repairs (notice requirements); (7) Policies regarding tenant alterations or improvements to the property; (8) Lawn care, snow removal, and other exterior maintenance assignments; (9) For vacation rentals, specific instructions about appliance use and immediate reporting of issues; and (10) For multi-unit properties, clear delineation of common area maintenance responsibilities.

To ensure your lease agreement is legally enforceable: (1) Have it reviewed by a real estate attorney familiar with local landlord-tenant laws; (2) Include all legally required disclosures for your jurisdiction (lead paint, mold, bed bugs, etc.); (3) Ensure all terms comply with state and local housing laws, which may limit certain provisions; (4) Avoid discriminatory terms that violate Fair Housing laws; (5) Have all parties sign and date the agreement, with each receiving a copy; (6) Use clear, specific language rather than vague terms; (7) Include a severability clause stating that if one provision is found unenforceable, the rest remains valid; (8) Update your lease regularly as laws change; (9) Document that all disclosures were provided to tenants; and (10) For electronic leases, ensure they comply with e-signature laws and maintain proper verification methods.

Vacation rental agreements require special considerations: (1) Compliance with local short-term rental regulations, permits, and taxes; (2) Detailed house rules regarding noise, parties, and maximum occupancy; (3) Clear cancellation and refund policies; (4) Specific check-in and check-out procedures and times; (5) Cleaning fees and expectations for the property's condition upon departure; (6) Policies regarding pets, smoking, and use of amenities; (7) Parking restrictions and information; (8) Emergency contacts and local service providers; (9) Instructions for key or access code handling; (10) Liability waivers for use of certain facilities like pools or hot tubs; (11) Specific inventory of provided items (linens, kitchen equipment, etc.); and (12) Consequences for rule violations, including potential early termination of stay or additional charges. Many vacation rental owners also include information about local attractions and recommendations to enhance the guest experience.