(The Ultimate Checklist No Landlord Can Afford to Miss)
A weak lease is the #1 reason small landlords lose in court, get stuck with unpaid rent, or spend thousands on evictions that could have been avoided. Use this exact checklist (updated for 2025 laws) to make sure your lease is bulletproof — no matter what state you’re in.
1. Basic Identification & Parties
- Full legal names of all tenants (and co-signers/guarantors)
- Full property address + unit number
- Landlord/owner name and contact info (or registered agent)
- Lease start and end date (or month-to-month language)
2. Rent Details (The Most Litigated Section)
- Exact monthly rent amount
- Exact due date (e.g., “on or before the 1st”)
- Acceptable payment methods
- Late fee amount and grace period (must comply with state cap — many states now limit late fees to 5–10%)
- Returned check/NSF fee
- Prorated first month’s rent (if applicable)
3. Security Deposit & Other Deposits
- Exact security deposit amount (cannot exceed state maximum — e.g., 1 month in CA/NY, 2 months in TX/GA)
- Exact purpose and conditions for deductions
- Deadline and address for return (21–60 days depending on state)
- Whether deposit is held in interest-bearing account (required in some states)
- Separate non-refundable fees clearly labeled (many states now ban “non-refundable deposits”)
4. Utilities & Services
- Who pays water, sewer, electric, gas, internet, trash
- Any utility billing method (RUBS, ratio billing) clearly explained
- Responsibility for lawn care, snow removal, pest control
5. Occupancy & Subletting
- Maximum number of occupants
- Rules on overnight guests
- Subletting/assignment policy (allowed only with written consent, etc.)
6. Maintenance & Repairs
- Tenant responsibility for minor repairs (e.g., light bulbs, batteries)
- How to submit maintenance requests (in writing!)
- Landlord right of entry (reasonable notice + state-specific rules — 24–48 hours typical)
- Tenant obligation to report issues immediately
7. Rules & Restrictions
- Pet policy (breed/weight limits, fees, deposits)
- Smoking/vaping/marijuana policy
- Noise/quiet hours
- Parking rules
- Alterations (no painting, no holes over certain size, etc.)
8. Required Federal & State Disclosures (2025)
- Lead-based paint disclosure + pamphlet (pre-1978 properties)
- Bed bug history/addendum (required in NY, CA, and 20+ states)
- Mold disclosure (if known issues)
- Move-in/move-out checklist (required or strongly recommended in most states)
- Flood zone disclosure (if applicable)
- Crime/sex offender registry info (some states)
- Carbon monoxide & smoke detector statement
9. Termination & Eviction Clauses
- Conditions for early termination
- Military clause (SCRA protections)
- Abandonment procedures
- Attorney fees clause (who pays if you go to court — huge in many states)
10. Signatures & Severability
- Signature lines for ALL adults + date
- Severability clause (if one part is illegal, rest of lease still valid)
- Entire agreement clause (no side deals)
Bonus 2025 Updates You Can’t Ignore
Security deposit alternatives (e.g., surety bonds) must be clearly offered in some cities
Many states now require plain-language leases (no tiny font Legalese)
Caps on application fees, late fees, and pet fees have tightened
Several states (CA, OR, WA, NY, IL) now require specific habitability wording
