On this page
Section-by-section checklist
Parties and property
- Correct names for all adult occupants and the landlord/manager
- Correct address and unit number
- Parking space, storage, and included appliances listed
Term
- Start and end dates
- Renewal: automatic? month-to-month after the term? notice required to leave?
- Early termination option and cost
Money
- Monthly rent and due date
- Grace period and late fee (check state limits)
- All other monthly charges (parking, trash, pest control, amenities, utilities billed back)
- Security deposit amount and conditions for return
- Pet deposits, pet rent, and fees
- Accepted payment methods and receipts
- Rent increase terms
Utilities
- Which utilities you pay and which are included
- How shared utilities are split (for example, RUBS allocation)
Repairs and maintenance
- How to request repairs and emergency contacts
- Your responsibilities (light bulbs, filters, yard) vs. landlord’s
- Pest control responsibility
Rules
- Guests and how long they can stay
- Occupancy limits
- Subletting and assignment
- Pets and assistance animals (assistance animals aren’t pets)
- Smoking, noise, alterations, painting
- Landlord entry notice
Required disclosures (vary by state)
- Lead-based paint disclosure for pre-1978 housing
- Move-in condition checklist
- Mold, bedbug, flood-zone, or other state-required disclosures
Subsidized housing
- HUD tenancy addendum (vouchers) or HUD model lease (project-based)
- VAWA notice of occupancy rights
Red flags
- Blanks left to be filled in later
- Waivers of habitability, notice, or court process
- Clauses letting the landlord enter any time without notice
- Automatic renewals with long notice periods
- Large nonrefundable fees
- Clauses making you pay the landlord’s attorney fees but not the reverse (some states make these mutual)
- Rent that doesn’t match the ad
Before you sign
- Ask for changes in writing, initialed by both parties.
- Keep a signed copy of everything.
- Do a move-in inspection with photos. See security deposit rights.
Clauses to ask about
| Clause | What to ask |
|---|---|
| Automatic renewal | How much notice do I need to give to leave, and by when? |
| Early termination | What is the fee, and do I owe rent until re-rented? |
| Rent increases | Can rent change during the term? How much notice? |
| Late fees | Is there a grace period? Is the fee a flat amount or percentage? |
| Utilities | Which do I pay? How are shared utilities billed? |
| Repairs | How do I request repairs? What’s the emergency contact? |
| Guests | How long can guests stay before they’re considered occupants? |
| Subletting | Is it allowed with permission? |
| Pets | Deposit, fees, restrictions—and assistance animal policy |
| Alterations | Can I paint, hang shelves, or install a TV mount? |
| Attorney’s fees | Who pays legal fees in a dispute? |
| Renter’s insurance | Is it required? What minimum liability? |
Clauses that are often unenforceable
State laws commonly override lease clauses that:
- Waive the landlord’s duty to keep the unit habitable
- Allow the landlord to evict without going to court or change locks
- Waive your right to receive your security deposit back or an itemized statement
- Let the landlord enter without notice for non-emergencies
- Waive your right to a jury trial or to raise defenses (in some states)
- Impose penalties far beyond actual damages
If you see these clauses, you can ask to remove them. Even if you sign, they may not be enforceable—but it’s better to address them up front.
Leases in subsidized housing
- Housing Choice Voucher units: the landlord’s lease must include the HUD tenancy addendum; the addendum controls if there’s a conflict.
- Public housing: the lease must meet HUD requirements and include grievance procedures.
- HUD multifamily (project-based Section 8): HUD model leases are typically required.
- Tax credit properties: leases generally must provide good-cause eviction protection and follow state agency requirements.
Frequently asked questions
Is a verbal lease valid?
Usually for month-to-month or leases of one year or less, but written leases are much easier to prove. Leases longer than a year generally must be in writing.
Can a lease waive my right to repairs or to go to court?
Most states don’t allow leases to waive the warranty of habitability, security deposit protections, or the right to proper notice and court process for eviction. Such clauses are typically unenforceable.
What is joint and several liability?
In a shared lease, each tenant can be held responsible for the full rent and damages, not just their share. If a roommate leaves, the others may owe the entire rent.
Sources and verification
Use these sources to check program rules. Funding, openings, and local procedures must be confirmed with the agency handling your application.
Update note (2026-10-01): Replaced a missing source link with an official program page or governing regulation. This was a source-link update, not a complete review of every claim.
- Tenant rightsUSAGov
- Real Estate Disclosures about Potential Lead HazardsU.S. Environmental Protection Agency
Found a changed rule or a broken link? Report a correction for this guide.