Contract GeneratorFree Legal Templates

About real estate & rental agreements

A real estate & rental agreement sets the terms of occupation: who may live there, what rent is due, who repairs what, and how the tenancy ends.

Residential tenancies are tightly regulated. Deposit handling, entry notice and eviction procedure are all governed by statute, and non-compliance can cost a landlord the right to evict.

Tenancy law is state-specific and strongly tenant-protective. Deposit caps, return deadlines, required disclosures and notice periods vary substantially, so verify the local rule before issuing the agreement.

For landlords, agents and tenants

For commercial landlords and business tenants

For landlords, letting agents and residential tenants

For landlords and tenants varying an existing lease

For tenants, subtenants and housemates

For storage and parking operators and their customers

For landowners and agricultural, storage or recreational tenants

For short-let hosts, property managers and guests

For specialist housing providers and their occupants

For property owners and managing agents

For venues, event organisers and hosts

Common mistakes in real estate & rental agreements

  1. Mishandling the security deposit. Most states cap the deposit, require it to be held separately, and impose a deadline — often 14 to 30 days — for returning it with an itemised statement. Missing the deadline can mean forfeiting deductions entirely, sometimes with a penalty on top.
  2. No written entry notice rule. Landlords generally must give advance notice, commonly 24 to 48 hours, before entering except in emergency. Stating the rule in the lease avoids harassment claims.
  3. Leaving repairs undefined. Split responsibility explicitly by category and value. A landlord cannot contract out of statutory repairing duties for structure, heating, water or safety.
  4. Omitting required disclosures. Lead paint for pre-1978 properties, plus state-specific disclosures on mould, flooding or bed bugs, are mandatory. Missing disclosures carry their own penalties.
  5. A blanket no-pets clause. Assistance and service animals are generally protected under fair housing rules and are not pets. Word the clause so it does not appear to refuse a reasonable accommodation.
  6. Not naming every adult occupant. Only named tenants are liable for rent. An unnamed partner who stays can be difficult to remove and cannot be pursued for arrears.

Real Estate & Rental questions

How much notice must a landlord give to end a tenancy?

It depends on the state and the reason. Ending a month-to-month tenancy commonly requires 30 to 60 days' written notice, while ending a fixed term early usually requires a specific ground. Notice for non-payment is typically much shorter but must follow a prescribed form.

Can rent be increased during the fixed term?

Not unless the lease contains a specific rent review clause. During a fixed term the agreed rent stands. For periodic tenancies, increases require proper written notice, and rent-controlled areas cap the amount.

What happens if the tenant leaves early?

The tenant generally remains liable for rent until the end of the term, but most jurisdictions require the landlord to make reasonable efforts to re-let rather than letting the property sit empty and billing the departing tenant.

Does the agreement need to be witnessed or notarised?

Usually not for a standard residential tenancy — signatures from both parties are enough. Longer commercial leases and any lease being recorded against title may need notarisation, so check the local requirement.

Browse other categories