Fillable Form Residential Lease Agreement

What is the Residential Lease Agreement?

A residential lease agreement is a legal contract between a landlord and tenant that outlines the terms and conditions of renting a property. The lease agreement typically includes details such as the rental amount, due date, security deposit, location of the property, personal details of the lessor and lessee, and length of the lease.

The lease agreement also outlines the responsibilities of both the landlord and tenant. This may include anything from maintenance of the property for as long as the tenant is using it, to particular things that are and are not allowed on the property per the landlord’s instructions, as well as regulations or policies on the use of common areas in the property that will be shared with other tenants (if applicable), such as a garage, elevators, and lobby. 

The agreement may be used for a wide variety of different properties, such as houses, condominiums, apartments, and the like. It can also be used for room rentals, though a different form may be used depending on what the lessor and the lessee need. 

How do I fill out the Residential Lease Agreement?

The Residential Lease Agreement has about 52 sections that need to be filled out with various information based on the terms and conditions of the lease agreement between the tenant and the landlord. A large portion of the form is dedicated to detailing particular terms and rights for both the tenant and the landlord, so make sure to read each section carefully.

Section 1: Date of Creation

Enter the date that the Residential Lease Agreement was created, and the full legal name of the landlord and all the tenants entering into the lease agreement.

Section 2: Lease Type

Check the box corresponding to whether or not the lease is a fixed lease or a month-to-month lease. Then enter the period for which the lease agreement will be valid. 

1. If the lease is a fixed lease, check the relevant box referring to what the tenant must do in the event that the lease is not renewed. You may choose one of the following:

1. May continue to lease the premises under the same terms of this agreement under a month-to-month arrangement
2. Must vacate the premises.

2. If the lease is a month-to-month lease, enter the number of days’ notice that the tenant must provide before the lease agreement is terminated.

Section 3: Occupants

Check the relevant box indicating if there are any other occupants that will be residing in the property with the tenant. If there are other tenants, enter their names in the space provided.

Section 4: The Property

Enter the following details about the property in the space provided:

• Mailing Address, City, State
• Residence Type

• Choose one of the following:

• Apartment
• House
• Condo
• Other (Indicate what type of residence it is in the space provided)

• Number of Bedrooms
• Number of Bathrooms

Section 5: Purpose

Check the relevant box indicating whether the tenant may use the property for any purpose other than as a residential dwelling. If the property may be used for other purposes, enter those purposes in the space provided.

Section 6: Furnishings

Check the relevant box indicating whether the premises are to be furnished or are unfurnished. If the premises are to be furnished, enter what furnishings are to be added to them. 

Section 7: Appliances

Check the relevant box to indicate whether the landlord will provide any appliances or not. If the landlord will be providing appliances, enter what appliances they will be providing.

Section 8: Rent

Enter the amount of rent that the tenant must pay, and what date of every month the rent must be paid by. Enter any particular instructions on how the tenant must pay rent to the landlord.

Section 9: Non-Sufficient Funds

Check the relevant box to indicate if the tenant will be charged an additional fee or not in the event that a rent payment check is not honored due to insufficient funds. If an additional fee will be charged to the tenant, enter how much will be charged per incident. 

Section 10: Late Fee

Check the relevant box to indicate if a fee will be charged to the tenant in the event that their rent payment is late. If a fee will be charged, check the box if the fee will be charged per day that rent is late, then enter how many days must pass after the due date for rent to be considered late.

Section 11: First Month’s Rent

Check the box that indicates whether the tenant must pay the first month’s rent upon the execution of this agreement or upon the first day of the lease term.

Section 12: Pre-payment

Check the relevant box to indicate if the tenant must pre-pay rent or not. If they are required to pre-pay their rent, enter the amount that the tenant must pay and for which lease term they are paying for.

Section 13: Proration Period

Check the relevant box to indicate whether the tenant will be taking possession of the premises before the start of the lease term or not. If the tenant will take possession of the premises before the lease term begins, enter the start of the lease term and the amount that they have agreed to pay for the proration period.

Section 14: Security Deposit

Check the relevant box to indicate whether the landlord requires that the tenant pay a security deposit or not. If a security deposit is required, enter the amount that must be paid, and within how many days of the end of the lease term will the deposit be returned to the tenant.

Section 15: Move-in Inspection

Check the relevant box to indicate whether or not the landlord and tenant will inspect the premises and note any needed repairs or damages on a move-in checklist.

Section 16: Parking

Check the relevant box to indicate whether the landlord will provide parking or not. If the landlord will provide parking, enter how many parking spaces will be provided, how much must be paid for said parking spaces, when the fee must be paid, and a short description of the parking spaces.

Section 17: Sale of Property

Check the relevant box that indicates whether or not the tenant may terminate this agreement upon the conveyance of the property to another party. If the tenant may terminate the agreement, enter the number of days’ notice the tenant must provide before the termination of the agreement.

Section 18: Utilities

Enter the utilities and services that the landlord will provide to the tenant.

Section 19: Early Termination

Check the relevant box that indicates whether or not the tenant may terminate this agreement early. If early termination of the agreement is allowed for the tenant, enter the number of days’ notice they must provide the landlord and the fee that they must pay for early termination.

Section 20: Smoking Policy

Check the relevant box that indicates whether or not smoking is allowed on the premises. If smoking is allowed, enter which areas it is permitted in.

Section 21: Pets

Check the relevant box that indicates whether or not the tenant will be allowed to have pets on the premises. If they are allowed pets, enter the number of pets they are allowed to have, what types of pets are allowed, the maximum weight of their pets, and the fee that they must pay to have pets on the property. Then indicate whether said payment is refundable or not.

Section 22: Waterbeds

Check the relevant box indicating whether or not the tenant may have waterbeds on the premises.

Section 23: Notices

Enter the following information in the spaces provided:

• Landlord/Agent’s Address
• Tenant’s Mailing Address (pick one of the following)

• The Premises
• Other (Enter the mailing address).

Section 24: Agent/Manager 

If the landlord has a manager or agent on the premises that can be contacted for any maintenance or repair, check the relevant box and enter the following information:

• Name of Agent/Manager
• Telephone Number of Agent/Manager
• Email of Agent/Manager

If there is no manager or agent on the premises, check the relevant box and enter the following information:

• Landlord’s Telephone Number
• Landlord’s Email

Section 25: Possession

This section states that the tenant has inspected the premises and found them to be in acceptable condition, and acknowledges that by taking possession of the premises that they have accepted them in good order unless otherwise stated. Any failure of the landlord to deliver possession of the premises by the start of the lease term will be grounds for this agreement to be terminated by the tenant, with all fees and deposits paid by them returned.

Section 26: Access

This section states that the landlord will give the tenant all relevant means of access to the property. Duplication of any such means of access to the property may only be done with the landlord’s consent, and replacements may be provided for a fee. All such means of access will be returned by the tenant to the landlord upon the termination of this agreement.

Section 27: Subletting

This section states that the tenant must obtain consent from the landlord in order to sublet the premises.

Section 28: Abandonment

This section states that should the tenant leave the premises for a minimum time period set by state law or 7 days, the landlord reserves the right to immediately terminate this agreement and remove all belongings (including personal property) from the premises.

Section 29: Assignment

This section states that the tenant will not assign this lease without the written consent of the landlord. Any such consent provided by the landlord will not be considered consent to any future assignment.

Section 30: Right of Entry

This section states that the landlord reserves the right to enter the premises during normal working hours should they provide a 24 hours notice prior to the date of inspection, repairs, alterations, or services. The landlord may also exhibit the premises to potential purchasers, mortgagees, or lessees so long as they give reasonable notice.

Section 31: Maintenance, Repairs, or Alterations

This section states that the tenant must maintain the premises clean and sanitary, and will surrender the premises to the landlord in such condition upon the end of this agreement, excluding any reasonable wear and tear. The tenant may not make any alterations to the premises leased without the landlord’s consent. 

Section 32: Noise/Waste

This section states that the tenant must not commit waste on the premises, nor will they maintain a nuisance or unlawful behavior on the premises.

Section 33: Guests

This section states that no other persons may live on the premises other than the tenant and other occupants. Guests may stay in the premises for no longer than 48 hours unless otherwise indicated by the landlord in writing.

Section 34: Compliance with Law

This section states that the tenant agrees to comply with any present and future laws that will be directed to or against the tenant, the landlord, or both.

Section 35: Default

This section states that should the tenant fail to comply with any financial or material provisions of this agreement, or any of the rules and regulations set by the landlord, the landlord may indicate a time period through a written notice specifying the non-compliance. If the default continues and is not resolved within the indicated time period, the landlord may declare the entire balance owed by the tenant to be immediately due and payable, and may then immediately terminate the agreement.

The tenant will be considered to be in default if any of the following are true:

• The tenant does not pay rent or other owed amounts.
• The tenant, their guests, or any occupants violate this agreement and the terms therein. 
• The tenant abandons the premises.
• The tenant gives incorrect or false information in the rental application.
• The tenant is arrested or convicted for a criminal offense involving actual or potential harm to a person.
• Illegal drugs or paraphernalia are found in the premises or on the person of the tenant, their guests, or occupants. 
• Any other reason allowed by law.

Section 36: Multiple Tenant or Occupant(s)

This section states that each individual considered a tenant is jointly and individually liable for all of the terms in this agreement. If any of them or their guests violate any terms in this agreement, the tenant(s) will be considered to have violated the agreement. 

Section 37: Disputes

This section states that should any dispute arise during or after the term of the agreement between the landlord and tenant, they shall agree to hold negotiations amongst themselves in good faith before proceeding to litigation.

Section 38: Severability

Should any part of this agreement become invalid for any reason, all other parts of the agreement will remain valid and will not be affected by the invalidated part or section of the agreement.

Section 39: Surrender of Premises

The tenant is considered to have surrendered the premises when:

• The move-out date has passed and no-one is living in the premises within the landlord’s reasonable judgment.
• Access to the premises have been turned in to the landlord.

The tenant must return the premises to the landlord in better or equal condition as they were at the start of this arrangement, reasonable use and wear and tear thereof and damages by the elements excepted. 

Section 40: Retaliation

The landlord may not make any type of retaliatory acts against the tenant, such as but not limited to decreasing access to services or facilities, restricting access to the premises, or any other act that may be considered unjustified.

Section 41: Waiver

Any waiver by the landlord for a breach of any covenant or duty by the tenant under this agreement is not a waiver for a breach of any other covenant or duty by the tenant or any other subsequent breach of the same covenant or duty. No part of this agreement can be considered waived unless such a waiver is expressed in writing and as a formal amendment to this agreement.

Section 42: Equal Housing

The landlord must provide any necessary and reasonable modifications to the premises as much as is possible should the tenant possess any mental or physical impairment.

Section 43: Hazardous Materials

The tenant agrees through this agreement to not bring any hazardous materials, such as flammable or explosive materials, onto the property. Items that are prohibited to be brought into the premises other than for everyday cooking or for the use of an appliance, include but are not limited to:

• Compressed gas
• Gasoline
• Fuel
• Propane
• Kerosene
• Motor Oil
• Fireworks
• Any other related material or substance in the form of a solid, liquid, or gas

Section 44: Indemnification

The landlord will not be liable for any damage or injury to the tenant, or any other person, or to any property, occurring on the premises, or any part thereof, or in common areas thereof, and the tenant agrees to hold the landlord harmless from any such claims unless they are caused by the landlord’s negligence. 

Section 45: Covenants

This section states that all covenants and conditions herein contained will apply to and bind the heirs, representatives, and assigns of all parties involved. 

Section 46: Premises Deemed Uninhabitable

If the premises are deemed uninhabitable due to damage beyond the tenant’s reasonable ability to repair, the tenant may terminate this agreement through written notice to the landlord. If said damage is due to the tenant’s negligence, the tenant will be considered liable for all repairs and loss of income of the landlord due to restoring the premises to living condition, in addition to any other relevant losses that can be proved by the landlord.

Section 47: Lead Paint

Check the relevant box that indicates whether or not the premises were built prior to 1978. If the premises were built prior to 1978, make sure that the attachment titled “Lead-Based Paint Disclosure” is initialed and signed by the landlord and the tenant.

Section 48: Governing Law

This section states that this agreement is subject to the laws of the state where the premises are located.

Section 49: Additional Provisions

Enter any additional provisions not included above. You may use a separate and appropriately labeled sheet of paper should you require more space.

Section 50: Entire Agreement

This section certifies that this agreement contains all terms that all parties involved agree to, including all relevant attachments and addendums. 

Have the landlord, the agent (if any), and the tenant sign the agreement and write their full legal name on the spaces provided. Then enter the date that each signed the agreement.

Attachment: Amount Due At Signing

Enter the amount in dollars for each of the following that must be paid upon signing the agreement. If no amount should be paid for any of the following, simply enter “0” or “N/A” instead. 

• Security Deposit
• First Month’s Rent
• Parking Fee
• Pet Fee(s)
• Pre-payment of Rent
• Proration Amount

Then enter the total amount that must be paid at signing.

Attachment: Disclosure of Information on Lead-based Paint and/or Lead-Based Paint Hazards

Section 1: Lead Warning Statement

This section of the attachment warns about the possibility of lead-based paint being used in housing built before 1978, and the possible risks that being exposed to lead have.

Section 2: Lessor’s Disclosure

This section of the attachment is where the lessor discloses where any lead-based paint or lead-based paint hazards are in the housing. 

1. Presence of lead-based paint and/or lead-based paint hazards

1. If the landlord is aware of any lead-based paint or lead-based paint hazards in the property, check the relevant box and enter an explanation of each lead-based paint/hazard. Otherwise, check the box indicating that they have no knowledge of such hazards.

2. Records and reports available to the landlord

1. Check the relevant box indicating if the landlord has provided all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the property or if no such records or reports are available.

Section 3: Tenant’s Acknowledgement

Check the boxes to indicate whether the tenant has received copies of all information listed above and the pamphlet entitled “Protect Your Family From Lead In Your Home”.

Section 4: Broker’s Acknowledgement

Check the box provided if the broker has informed the tenant of their obligations under 42 USC 4852(d) and is aware of their responsibility to ensure compliance.

Section 5: Certification of Accuracy

Have the landlord, tenant, and agent (if any) sign the form and write their full legal name in the spaces provided to certify that the above information is accurate to the best of their knowledge. Then write the date that each signed the form.

Frequently Asked Questions (FAQs)

What is the purpose of a Security Deposit?

The security deposit serves as a pool of funds from which the landlord may pull to repair damages to the property. If there is anything left of the security deposit upon the termination of the lease agreement, that amount will be returned to the tenant. 

Can a lease agreement be renewed?

Yes. Tenants may contact landlords when the end date of the lease agreement draws closer in order to renew the lease for an agreed upon amount of time.

Can the landlord increase rent during the term of the lease?

Yes. However, the landlord must provide prior notice to the tenant, and (whenever possible) provide an explanation as to why the rent must be increased.

Can the security deposit be used for unpaid rent?

Only if the landlord agrees to allow it.

Can the lease agreement be modified after signing?

Yes, so long as all parties involved agree to and are aware of the modifications being made.

Who is responsible for paying the property taxes?

This will generally be outlined in the lease agreement itself. For example, the landlord may choose to pay for the property taxes themselves, or they may include the property taxes in the monthly rent.

What are the things included in monthly rent?

This will depend on the agreement and the landlord, but monthly rent will generally pay for electricity, water, and other necessities associated with the maintenance and use of the premises.

Does a lease agreement need to be notarized?

No, but it is an option available to landlords and tenants should they wish to ensure that no fraud is occurring with the agreement. 

Is a lease agreement legally binding?

Yes. Make sure to read and understand all parts of it to avoid any issues.

Is legal advice necessary for a lease agreement?

No. However, it may be beneficial to have a legal professional look over the agreement to ensure that all terms are fair and logical for both parties. 

What is subletting?

Subletting refers to a tenant leasing the property they are themselves leasing to another person. 

Can a lease agreement be signed electronically?

Yes, so long as both parties have a copy for their own personal use and consultation. 

Can I assign a representative to sign the lease agreement on my behalf?

Yes, as long as you provide the representative with the necessary documents and any other evidence asked for by the landlord that are needed to prove that they are acting on your behalf. 

If I am renting a property with one or more other people, can we split rent between ourselves?

Yes. Tenants may divide the amount of rent that needs to be paid amongst themselves to make it easier for each of them to pay rent (and for any other services) each month.

Is insurance available for damages to rental properties? 

Yes, renter’s insurance is provided by some insurance companies for tenants who live in a rented dwelling.