lease assignment printable

Free Lease Assignment Agreement Template for Microsoft Word

Download this free Lease Assignment Agreement template as a Word document to easily assign a lease to another party with consent from the landlord.

Lease Assignment Agreement

THIS ASSIGNMENT OF TENANCY AGREEMENT dated this [Insert date]

[Insert name] (the “Assignor”)

– AND-

[Insert name] (the “Assignee”)

A. This is an agreement (the “Assignment”) to assign a residential tenancy agreement in real property according to the terms specified below.

B. The Assignor wishes to assign and transfer to the Assignee that tenancy agreement (the “Tenancy Agreement”) dated June 11, 2020, and executed by the Assignor as tenant and by _________________________ as landlord (the “Landlord”).

IN CONSIDERATION OF the Assignor agreeing to assign and the Assignee agreeing to assume the Tenancy Agreement for the Premises, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, both parties agree to keep, perform and fulfill the promises, conditions and agreements below:

1. The Tenancy Agreement governs the rental of the following described premises (the “Premises”) to the Assignor: ______________________________________________

Assigned Tenancy Agreement

2. The Assignor assigns and transfers to the Assignee all of the Assignor’s right, title, and interest in and to the Tenancy Agreement and the Premises, subject to all the conditions and terms contained in the Tenancy Agreement.

Effective Date

3. This Assignment takes effect on June 11, 2020 (the “Effective Date”), and continues until the present term of the Tenancy Agreement expires on June 11, 2020.

Assignor’s Interest

4. The Assignor covenants that:

a. the Assignor is the lawful and sole owner of the interest assigned under this Assignment; b. this interest is free from all encumbrances; and c. the Assignor has performed all duties and obligations and made all payments required under the terms and conditions of the Tenancy Agreement.

Breach of Tenancy Agreement by Assignee

5. Consent to this Assignment will not discharge the Assignor of its obligations under the Tenancy Agreement in the event of a breach by the Assignee.

6. In the event of a breach by the Assignee, the Landlord will provide the Assignor with written notice of this breach and the Assignor will have full rights to commence all actions to recover possession of the Premises (in the name of the Landlord, if necessary) and retain all rights for the duration of the Tenancy Agreement provided the Assignor will pay all accrued rents and cure any other default.

Governing Law

7. It is the intention of the parties that this Assignment, and all suits and special proceedings under this Assignment, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of New South Wales, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Miscellaneous Provisions

8. This Assignment incorporates and is subject to the Tenancy Agreement, a copy of which is attached hereto, and which is hereby referred to and incorporated as if it were set out here at length. The Assignee agrees to assume all of the obligations and responsibilities of the Assignor under the Tenancy Agreement.

9. This Assignment will be binding upon and inure to the benefit of the parties, their successors, assigns, personal representatives, beneficiaries, executors, administrators, and heirs, as the case may be.

10. All rents and other charges accrued under the Tenancy Agreement prior to the Effective Date will be fully paid by the Assignor, and by the Assignee after the Effective Date. The Assignee will also be responsible for assuming and performing all other duties and obligations required under the terms and conditions of the Tenancy Agreement after the Effective Date.

11. There will be no further assignment of the Tenancy Agreement without the prior written consent of the Landlord.

IN WITNESS WHEREOF the Assignor and Assignee have duly affixed their signatures under hand and seal on this [Insert date]

SIGNED BY THE ASSIGNOR

_____________________________ Assignor: _________________________

in the presence of (Name of witness) _______________________

(Signature of witness) _____________________________

SIGNED BY THE ASSIGNEE _____________________________ Assignee: _______________________

in the presence of (Name of witness) ___________________

(Signature of witness) _______________________________

CONSENT OF LANDLORD

The Landlord in the above Assignment of Tenancy Agreement executed on [Insert date] consents to that Assignment. The Landlord also agrees to the Assignee assuming after [Insert date] the payment of rent and performance of all duties and obligations as provided in the Tenancy Agreement. Dated: [Insert date]

Landlord: _________________________

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Lease Assignment Agreement Free

A Lease Assignment Agreement is a short and straightforward document for transferring a residential or commercial lease interest from one tenant to another.

Template Overview

A Lease Assignment Agreement is a short and straightforward document for transferring a residential or commercial lease interest from one tenant to another. To be more specific, this Agreement is used when the original tenant wants to terminate the contract but has found someone to replace him.

The Lease Assignment Agreements contain only basic information: names and the data of the parties, assignment's start date, name of the landlord, and other required information. 

The Lease Assignment Agreement is different from a Sublease Agreement because it also assigns all of the lease interest. In the meantime, with a sublease, the tenant is still responsible for everything, and the sublease can be concluded for less than all the interest on the property. The Lease Assignment passes on all the interest and replaces the old tenant with the new one.

One of the most important things to know when making a Lease Assignment Agreements is that leasing usually requires the landlord's consent for the transfer. That's why both parties have to be entirely sure that the landlord agrees on all the terms before making an agreement.

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.

How to use this template

This document is a useful tool to help you smoothly outline all the necessary facts and responsibilities to create a valid lease assignment. This way, one party, called the Assignor, will transfer its rights and obligations as a tenant (including paying rent and living in the property) to another party (called the Assignee).

The document provides only the necessary information needed: the names of new and old tenants, the name of the landlord, the address of the property, and the dates of lease and the assignment.

The document also contains information on whether the Assignor will remain liable if the Assignee fails to fulfill his obligations.

Applicable law

In the US, individual state laws govern Leases Agreements.

The Environmental Protection Agency governs the disclosure of lead-based paint warnings in all rentals in the States. If a lead-based paint disclosure has not been included in the lease, it must be included in the assignment. Distinct from that, however, required disclosures and lease terms will be based on the laws of the state, and sometimes county, where the property is located.

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Lease Assignment Agreement

Choose the state where the property is located.

LEASE ASSIGNMENT AGREEMENT

State of Alabama

This Lease Assignment Agreement (hereinafter "Assignment") is entered into and made effective as of ________ by and between the current lessor, hereinafter referred to "Assignor": ________ and the following new lessor, hereinafter referred to "Assignee": ________ .

Assignor and Assignee may be collectively referred to as the "Parties."

WHEREAS, Assignor is the current lessor of a residential property ("Property") located at the following address:

WHEREAS, Assignor wishes to assign and transfer to Assignee the lease agreement ("Lease") that Assignor originally signed on ________ together with the landlord ("Landlord") of the Property: ________ ;

WHEREAS, the Landlord of the Property has agreed to this Assignment;

WHEREAS, Assignee wishes to accept the assignment of the Lease.

NOW, therefore, in consideration of the obligations and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties do contract and agree as follows:

Article 1 - ASSIGNMENT:

Under the terms and conditions herein, Assignor hereby assigns and transfers to Assignee all right, title, and interest in and to the Lease and the Property.

As denoted above in this Assignment, this Assignment is to become effective on ________ and last until the end of the Lease term on ________ .

Article 2 - ASSIGNOR'S COVENANTS:

Assignor hereby warrants and covenants that Assignor may lawfully assign the Lease interest hereunder and that there are no further encumbrances on the interest. Assignor further warrants and covenants that Assignor is up-to-date with all payments, charges, fees, duties, and/or obligations under the Lease.

Article 3 - 85552855'5 828552585:

88882222 525282 525228 22 252 588 5222 525 22525 2228 552 52225 252 222282882 5522 22 2588 8888222222. 88882222 2552525 525228 22 588522 525 2252252 588 22525 552828 525/25 28882528228 58 252 82 52858525 52525 252 22582.

Article 4 - LEASE COPY & INCORPORATION:

A copy of the original Lease is attached to this Assignment. This Assignment incorporates and is subject to the original Lease. There shall not be any further assignment of the Lease without the Landlord's advance written consent.

Article 5 - BREACH:

Assignor hereby agrees that this Assignment does not discharge Assignor of any obligations under the Lease in the event of a breach by Assignee. In such circumstance, Assignor will be provided notice of the breach by Landlord and thereafter may commence any and all actions to recover possession of the Property for the duration of the Lease, as long as Assignor thereafter continues to pay rent and cure any breach by Assignee.

Article 6 - GENERAL PROVISIONS:

a) BINDING: This Assignment will inure to the benefit of and be binding upon the respective successors, assigns, heirs, executors and/or administrators of both Parties.

b) SEVERABILITY: If any part of sub-part of this Assignment is deemed invalid by court order, judgment or other operation of law, the remaining parts and sub-parts of this agreement shall remain valid and enforceable to the fullest extent.

c) GOVERNING LAW: This Lease is governed, construed, and interpreted by and through the laws of the State of Alabama .

Sign: ________________________________

Date: ________________________________

Print: ________________________________

LANDLORD CONSENT

I, ________ , the Landlord named in the above Assignment to be effective on ________ , hereby consent to that Assignment. I further agree that after ________ the Assignee in the above Assignment will be responsible for all rent and other obligations under the Lease. I hereby release the Assignor from all duties and obligations under the Lease, unless Assignee breaches, in which case Assignor must take repossession and pay all charges and accrued rent until the end of the Lease term.

I accept Assignee as Lessee in place of Assignor.

HOW TO CUSTOMIZE THE TEMPLATE

Answer the question, then click on "Next."

The document is written according to your responses - clauses are added or removed, paragraphs are customised, words are changed, etc.

At the end, you will immediately receive the document in Word and PDF formats. You can then open the Word document to modify it and reuse it however you wish.

LeaseAgreements.com

Assignment of Lease Template

An assignment of lease is when a tenant hands over all rights and possession over a lease to another party. This is common if a tenant would like to move out of the property and finds another qualified tenant to take over the lease. The landlord must approve any assignment and therefore this must be signed by all parties (i.e. landlord, tenant, and new tenant) and attached to the original lease.

Your Rental Lease Document is Attached

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• Lease Assignment Agreement

A Lease Assignment Agreement is a legal document that transfers one party's obligations under a lease to another party. The new tenant (or assignee) takes on the assignor’s lease responsibilities, such as rent and maintenance, while the original tenant is released from their duties. With a free Lease Assignment Agreement template from Jotform Sign , you can transfer your lease obligation to a new tenant in minutes. Just customize your document in a few quick clicks and send it out via link or email to be signed on any device. You’ll receive a notification and a finalized version of the document once it’s complete.

Want to make changes to this Lease Assignment Agreement template? Just drag and drop to add or remove signature fields, customize form fields, and make other design changes. You can even add an automated signing order for multiple parties! Leases are already pesky enough — ease up the paperwork with a free online Lease Assignment Agreement.

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About Agreement Templates

Written agreements are important in detailing a specific transaction made between two or more parties. Despite not always being legally enforceable in a court of law, they can often prevent disputes. From partnership agreements to separation agreements , Jotform's selection of Agreement Sign Templates will guide you in creating a paper trail for any type of business agreement . Your formal agreements will automatically be saved as secure PDFs that can easily be downloaded, shared with all involved parties, or printed for future reference.

These ready-made templates are formatted to provide contact information, terms and conditions, and instructions to resolve conflicts. You can collect electronic signatures with Adobe Sign or DocuSign and accept payments with integrated gateways such as PayPal or Square. Using Jotform’s PDF Editor , you can customize the template by rearranging the layout and rewriting the text to better specify each party’s obligations and protect the rights of all involved.

Frequently Asked Questions

1) what are agreement templates.

Agreement templates are documents that outline terms, conditions, and details about a transaction between two or more parties. These templates provide a structure that can be customized to suit various types of agreements, such as leases, payments, partnerships, consultancies, freelance work, and more. Agreement templates help individuals and businesses save time while providing a consistent set of terms for transactions. They may also provide some protection in cases of issues or disputes.

Agreement templates are especially useful for companies or individuals that lack the expertise and time required to draft agreements from scratch. They minimize the risk of errors, save money, and give you time back to focus on growing your business.

2) The subtypes of agreement templates

There are agreement templates for virtually every type of business agreement out there! Here are some of the more common use cases for agreements.

• Services : A service agreement is a document between a service provider and a client that outlines the terms and conditions of a service and covers details such as roles, cost, quality standards, etc.
• Leases : Lease agreements are contracts between a landlord and a tenant that outline the terms and conditions of a property rental. These agreements establish roles and responsibilities of both parties, so that they know what’s expected of them.
• Purchases : A purchase agreement is a document that finalizes the details of a pending sale between a buyer and seller. This agreement comes into play after the buyer and seller have arranged the sale of an item.
• Equipment rentals : An equipment rental agreement is a document that outlines the terms, responsibilities, and obligations of both the owner and renter in an equipment rental.
• Payments : A payment agreement is a document between a lender or provider and a borrower or client that outlines the terms and conditions of a loan, payment plan, or purchase. This typically includes the amount, payment schedule, and penalties.
• Maintenance : A maintenance agreement is a contract between a maintenance company and a customer that details the terms and conditions for scheduled maintenance services.

3) The key elements of agreement templates

Agreement templates vary according to the agreement type and circumstance, but typically they include these key elements.

• Essential information : This section includes names of the parties involved, the effective date of the agreement, contact phone numbers and emails, etc.
• Terms and conditions : This section lists different terms, conditions, and provisions relevant to the agreement, such as the timeline for project completion, how disputes will be resolved, and more.
• Responsibilities and obligations : This section includes all necessary information about the roles, responsibilities, and obligations of all parties involved.
• Payment terms : This section outlines the price and payment plan for the service or exchange being provided.
• Miscellaneous : This section lists any other clauses or terms relevant to the agreement.
• Signatures : This section provides space for signatures from all parties.

4) What makes an agreement different from a contract?

The primary difference between an agreement and a contract has to do with legal enforceability. An agreement is used to describe a mutual arrangement or understanding between parties — which can be either formal or informal. Agreements can take the form of documents, but they can also be made via email or in-person meetings.

By contrast, a contract is a more formal and legally binding document that is enforceable in court. It typically requires elements like clear clauses and terms, written records, and the establishment of a relationship between parties. While agreements may not carry the same weight in the legal system, they can still be useful in business partnerships. When choosing between an agreement and a contract, the nature of the arrangement will help you determine which one to use.

5) How do I create an agreement with Jotform?

You can create an agreement with Jotform in no time using our ready-made templates. Navigate to Agreement Templates in our form template library, and choose a template that fits your purpose and needs. Use our simple drag-and-drop form builder to customize the agreement with your own terms and conditions, elements of your personal branding, different fonts and colors, widgets and integrations, and much more. When your agreement looks good to go, you can share it with your clients via email, link, or QR code. Plus, collect signatures on any device and save your agreement as a PDF in the data storage platform of your choice. It’s that easy!

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What Is an Assignment of Lease?

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How to Write an Assignment of Lease Agreement?

Assignment of lease form.

• Rental Agreement Template

When a tenant wishes to transfer their rights to a Lease Agreement to a new tenant, they will need to create an Assignment of a Lease with the landlord so that all parties are aware of and agree to the transfer. This can be used in cases where a tenant is residing in a rent-controlled unit and wishes to pass the unit onto another individual who plans to live there once the current tenant has left. A printable Assignment of Lease template can be downloaded through the link below .

Alternate Name:

• Assignment of Lease Agreement.

An Assignment of Lease differs from a Subletting Agreement , in that this agreement requires that the original tenant has agreed to permanently move out of the rental unit .

To begin writing a Lease Assignment Form you will want to include the following information:

• All parties involved with the lease (the current tenant, landlord, and interested future tenant). Include the city and state where the rental property is located and the date the agreement will be signed by all parties.
• Address and unit number of the property for the Assignment of Lease.
• A statement that the current tenant (the "Assignor") will be transferring all rights and rules of the lease to the interested future tenant (the "Assignee") with the full knowledge and approval of the landlord.
• The Assignor has agreed that all aspects of the lease's conditions, terms, and regulations will be transferred to the Assignee on a specific date until the expiration date of the current lease date.
• All payments must be up to date for the Assignor to transfer the Assignment of a Lease to a new tenant, and that no future payments will be due to the landlord by the Assignor.
• The Assignee agrees that all future rental payments to the landlord will be their sole responsibility and they will be subject to the same rental payment rules (including late payment fees) as the Assignor.
• The date the Assignment of Lease Form will be executed and transfer of the lease to the Assignee will be valid.
• Signature sections for each party to the agreement. Each signature space must also have a printed section, date, and whether the individual is an Assignor or Assignee.
• A separate section listing the landlord's express consent to the agreement above, with their full name, address of the property in the agreement, and city and state where the property is located. The landlord consent section will also need the date the agreement will go into effect and that the landlord agrees to respect all current provisions, rules, and aspects of the current lease until the date the lease is set to expire.
• Landlord signature section below the landlord consent section, with the landlord's signature, printed name, and date.

It is also a good idea to make sure each party listed in the Assignment of Lease Form has a separate copy of the agreement for their records.

Not what you were looking for? Check out these related topics:

• Addendum to Lease ;
• Pet Addendum ;
• Mold Addendum ;
• Lease Renewal Letter .

Download Assignment of Lease Form

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Legal Templates

Home Real Estate Lease Agreement

Rental and Lease Agreement Templates

Use our Lease Agreement to rent out your residential property.

Updated January 24, 2024 Written by Jana Freer | Reviewed by Susan Chai, Esq.

A lease agreement (or rental agreement) is a document that explains the terms under which a tenant rents a residential or commercial property from a landlord.

Lease agreements are legally binding contracts that explain the obligations and rights of the tenant and landlord. Even if you’re renting out a room in your house to a friend or family member, you need a lease agreement for legal protection if you encounter problems with your tenants.

Lease Agreements – By State

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• Pennsylvania
• Rhode Island
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• Lease Agreements - By State
• Lease Agreements - By Type

How to Lease a Property [Landlord Lifecycle]

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Lease terms to know, how to write (fill out) a lease/rental agreement, sample lease agreement, frequently asked questions, lease agreements – by type, residential lease agreement forms [for landlords].

Use this template to rent out a residential property for a fixed period of typically one year.

This agreement includes the most essential and common clauses and can be used for a house, apartment, studio, condo, duplex, townhouse, basement, or mobile home.

Standard Lease Agreement

Use this template if you don’t want to commit to renting out your property for a full year or more, but still need to protect your rights. Using a monthly lease allows you (and your tenant) to be flexible.

Month-to-Month Lease Agreement

Use this template to rent out your property for a short period of time (usually between 1–31 days), most commonly as a vacation rental. A short-term rental agreement explains to guests the rules of their stay, and what they can expect when they arrive.

Short Term (Vacation) Rental

Rent-to-Own Lease Agreement

Lease Extension Agreement

Lease Renewal Agreement

Sublease agreement forms [for tenants].

Use this template to rent out a property (or just a room) when you’re already renting the property from another landlord. For example, you may want to sublet a property if you need to move out but don’t want to break your lease.

Sublease Agreement

Use this template when you’re renting out a room in your property and need to set rules and boundaries. For example, you can use this agreement to explain how you'll divide rent and utility payments, and whether your tenant can have guests visit.

Room Rental Agreement

Roommate Agreement

Commercial lease agreement forms.

Use this template if you’re renting out an office building, retail space, restaurant, industrial facility, or any property where the tenant will operate a business.

Commercial Lease Agreement

Use this template to rent out a piece of land that does not have a property on it. A land or ground lease can have multiple purposes, including agricultural, residential, and commercial.

Land Lease Agreement

Equipment Lease Agreement

Parking Space Rental Agreement

Disclosures & addendums.

Commercial Lease Agreement Addendum

Residential Lease Agreement Amendment

Lease Agreement Amendment

Rental Inspection Checklist

Rent Receipt

Tenant Approval Letter

Tenant Rejection Letter

• Asbestos Disclosure ( Word ) – Notifty tenants of asbestos at the property (required for properties built before 1979).
• Bed Bug Addendum ( Word ) – Explain how both parties should act in case of a bedbug infestation.
• Carbon Monoxide and Smoke Detector Addendum ( Word )– State whether the landlord will provide carbon monoxide/smoke detectors and how the tenant is responsible for keeping them in good condition.
• Commercial Lease Addendum ( PDF ) – Modify an existing commercial lease or expand upon the current contract.
• Death in Rental Unit Disclosure ( Word ) – Inform the tenant if anyone previously died on the property.
• Disclosure of Lead-Based Hazard s ( PDF ) – Notify tenants of lead-based paint or other materials (required for properties built before 1978).
• Flood Hazard Area Disclosure ( Word ) – State whether the property is in a special flood hazard area.
• Foreclosure Notice ( Word ) – Inform the tenant of an impending foreclosure.
• Illegal Substance Contamination Disclosure ( Word ) – Notify the tenant if parts of the property have been contaminated due to manufacturing or storing an illicit substance (such as methamphetamine).
• Mold Disclosure ( Word ) – Notify the tenant that the property may contain mold and whether the landlord will fix it.
• Notice of Abandoned Personal Property ( Word ) – Tell the tenant they left something in the unit when they moved out and need to collect it before it’s thrown out.
• Pet Addendum ( PDF , Word ) – Let a tenant know the specific rules for having a pet on your property.
• Shared Utilities Disclosure ( Word ) – Explain how utilities are calculated and shared between multiple residents.
• Smoking Addendum ( PDF , Word ) – Specify whether your tenant can smoke marijuana or tobacco on your property.

Follow the steps below to rent your property easily:

Step 1 – Show Your Rental Unit to Tenants

The first step in renting out a house or an apartment is to allow people to view the property . If tenants like the property and want to move in, they will likely inquire about the rent amount and other details.

Hosting viewings can be inconvenient if you have multiple properties, so many landlords hire a property management company to show their rental units to potential tenants.

Step 2 – Give the Tenant a Rental Application Form to Fill Out

Once you agree on the rent price, the tenant should complete a rental application . This form helps the landlord screen the tenant, and it includes information such as the applicant’s:

• Current address
• Place of employment
• Income level
• Rental references

The tenant can confirm their workplace using an employment verification letter . This document is accessible for renters to show proof of income.

Typically, landlords require a small, non-refundable fee from the tenant to process the rental application.

Be aware of what you can and can’t ask on a rental application to abide by federal laws and prevent discrimination in the selection process.

Step 3 – Run a Background and Credit Check

After reviewing the tenant’s application, you should run a background check (and/or a credit check).

Running a credit check as part of the tenant-screening process can help avoid scams and problem tenants. The tenant usually pays for the cost of a credit check.

A background check shows if the applicant has a prior criminal history, and a credit check confirms whether the applicant has good or bad credit. Bad credit may signify poor financial planning, resulting in missed rent payments.

Although these checks help you avoid dealing with bad tenants, you shouldn’t base your decision to rent the property solely on the results.

Many states have strict guidelines on tenant discrimination. Refusing tenancy because of minor criminal offenses or bad credit may justifiably violate federal anti-discrimination law.

Step 4 – Check the Tenant’s References

Next, you must check the tenant’s references in their rental application form mentioned in step 2.

You should contact the references and ask questions such as:

• Did the applicant pay their rent and utilities on time?
• Were there any noise complaints at the tenant’s previous apartment?
• Have the police ever been called to the tenant’s last rental unit?
• Would you consider renting to this person again?

Rental references are usually from current or previous landlords and can give insight into the tenant’s character and behavior.

Step 5 – Create a Lease Agreement

Once you’re happy to rent your property to a tenant, you must create a lease/rental agreement in the correct format.

You make a lease agreement by writing it yourself from scratch, filling in a blank lease agreement template that includes all the necessary clauses, or using a lease agreement builder to create a lease specific to your property.

Remember to include the following:

• The move-in date
• The monthly rent payment amount
• When the rent is due each month
• How you’ll handle late rent payments
• Who should pay or manage the utilities
• The penalties, if any, for breaking a lease

Both parties sign the agreement after you create the lease contract and review all the details with the tenant. You may need to calculate prorated rent depending on when the tenant moves in.

Step 6 – Hand Over the Keys

Once the lease agreement is completed and signed, give the tenant the keys to move into the property.

Remember to conduct a unit walkthrough alongside the tenant to finish the process. Bring a rental inspection checklist and document the property’s condition before the tenant moves in.

Step 7 – Renew or Terminate the Lease

Allow the tenant to remain on the property until the lease termination date. If you thought your tenant was responsible and you want to renew their lease (and they also want to renew), use a lease renewal agreement to renew their tenancy.

If you don’t want to renew the lease, use a lease termination letter . 

Landlord and Tenant Laws by State

Federal law recognizes that landlords and tenants have individual legal rights and obligations .

Find out what the law in your state says about your rights using the table below, or check the following specific laws for your property:

Landlord-Tenant Acts

Here are the general landlord-tenant acts by state:

Landlord’s Access

Tenants have the right to privacy when they rent a property. However, there may be reasons why a landlord needs to access the property , such as for maintenance or inspections.

Nearly every state requires a landlord to give advance notice to their tenants before accessing a rental unit. Use the table below to check how much notice you need to give in your state and review the relevant law:

Each state regulates the maximum amount of money a landlord can collect as a security deposit from a tenant. Some states also require landlords to return security deposits to tenants within a specific time (potentially with interest).

Usually, a landlord can deduct the following costs from the tenant’s security deposit:

• Unpaid rent
• Cleaning costs
• Key replacement costs
• Cost to repair damages above ordinary wear and tear
• Any other amount legally allowable under the lease

Use the table below to see the maximum security deposit limit in your state, whether it needs to be held in a separate account, and how much time you have to refund it after the lease ends:

Here are some helpful definitions for the legal language commonly present in lease and rental agreement forms:

• Access : The right to enter a property.
• Accidents : Artificial or naturally occurring events that may damage a property (fire, flood, earthquake, etc.).
• Alterations : Modifications made to a property.
• Appliances : Standard home equipment like a refrigerator or dishwasher.
• Assignment : The transfer of an interest in a lease.
• Attorney Fees : A payment made to a lawyer.
• Condemnation : The government is seizing private property for a public purpose, such as highway construction.
• Default : When a breach of contract occurs and persists, such as not paying rent or violating other terms of a rental agreement.
• Furniture : Standard home equipment such as couches, tables, beds, etc.
• Guarantor /Co-Signer : Someone accountable for paying rent if the tenant cannot.
• Guests : Short-term occupants of a rental property.
• Joint and several liabilities : Two or more people are independently held accountable for damages, regardless of who is at fault.
• Late Rent Fee : An additional, reasonable sum of money paid by a tenant after making a rent payment past the due date listed in the landlord-tenant agreement.
• Noise Policy : A provision outlining “quiet hours” in the apartment building, condominium, or neighborhood.
• Notice : A written announcement of some fact or observation.
• Option to Purchase : The tenant’s right to purchase the rental property later.
• Parking : Designated spaces where the tenant can keep their vehicles.
• Pet Policy : The permission or restriction of a tenant’s ability to have an animal in a rental property.
• Property Maintenance : Preserving a rental unit and who is responsible. Such as cutting the grass, removing the garbage, or unclogging the kitchen and bathroom drains.
• Renewal : A tenant’s option to continue the lease.
• Renter’s Insurance : A paid policy that protects personal belongings against theft or damage.
• Severability : A clause of a lease stating that if one part of the agreement is invalid for any reason, the rest of the lease is still enforceable.
• Smoking Polic y: The permission or restriction of a tenant’s smoking ability inside a rental property.
• Sublet : A temporary housing arrangement between current and new tenants to rent all or part of the currently leased property. The subletting period must be for less than the lease term.
• Successor : Someone who takes over the obligations of a lease from a tenant or landlord.
• Utilities : A public or private service supplying electricity, water, gas, or trash collection to a property.
• Waterbed : A water-filled furnishing used to sleep and not typically permitted in most rental properties.

Here’s how to write a lease :

Step 1 – Name the Parties

A simple rental agreement form must name the parties signing the lease and where they live. First, you should write down the following:

• The landlord or property management company and their current address

Step 2 – Describe the Premises

The “premises” are the exact address and type of rented property , such as an apartment, house, or condominium.

Step 3 – Define the Terms of the Lease

The “term” is the length of time a tenant will rent the listed property. A standard agreement should detail when the lease term begins and ends .

Furthermore, a lease can either be fixed-term or month-to-month.

• A fixed-term rental lease means the agreement is set for a predetermined or fixed period. This lease expires on the end date listed in the agreement (usually up to 6 months, one year, or two years from the start date).
• A month-to-month rental lease means the agreement lasts one month with no defined end date. It continues monthly until either the landlord or tenant terminates the agreement.

Step 4 – Set How Much Rent the Tenant Will Pay

A lease agreement must explicitly list the monthly rental amount and outline the consequences of late rent.

It’s up to the landlord to decide how much to charge for rent, but the cost is usually comparable to other properties within the same area.

In addition, standard rent control laws may limit the amount you can charge for rent. Check your local rent control ordinance to ensure your lease agreement complies with those regulations.

Step 5 – Assign a Security Deposit Amount

A security deposit is a set amount of money a landlord collects at the beginning of the lease.

Landlords have the right to collect a security deposit from their tenants. Still, their states’ security deposit laws define what landlords can use that money for (check the security deposit laws of your state ).

Step 6 – Finalize the Lease

Once you finish discussing the details with your tenant, remember to:

• Print – print at least two copies of the rental lease for you and the other party
• Sign – sign and date the lease agreement (both the tenant(s) and landlord)
• Save – safely file a hard copy of the signed document and consider scanning an electronic copy for extra safekeeping.

The following standard residential lease agreement works for all states except California , Florida , and Washington, DC .

Why do I need a lease agreement?

]You need a lease agreement because it explains your responsibilities as a landlord and sets rules for the tenants living on your property. This form helps you avoid disputes with your tenants and address issues when they arise.

Suppose you rent out a property but don’t use a lease agreement. In that case, you could lose rent money, be liable for illegal activities on the property, receive penalties for unpaid utility costs, or spend a lot on property damage repairs and lawyer fees. Anyone renting a home, land, or commercial building should have a lease agreement.

How do I rent a room in my house?

You rent out a room in your house by using an agreement stating you’re renting out a room, not the entire property. If you’re a tenant living in a rental property, you can sublet a room to another tenant using a room rental agreement .

A standard residential lease and a room rental agreement allow you to establish quiet hours, the times guests can visit, the division of utility payments, and rules regarding pets, smoking, and parking.

Both parties sign the agreement to rent a room, and the landlord collects a security deposit from the tenant before handing over the keys.

What’s the difference between a lease and a rental agreement?

The difference between a lease and a rental agreement is the duration of the contract. Lease agreements are typically long-term (12 to 24 months), whereas rental agreements are usually short-term (a few weeks or months).

If you decide whether a lease or rent is best for you, remember that a lease agreement provides more security, but a rental agreement offers more flexibility.

What are my responsibilities as a landlord?

Your responsibilities as a landlord include the following:

• Repairing and maintaining the normal wear and tear of appliances like the air conditioner or heater.
• Respecting a tenant’s right to “quiet enjoyment” (living without disturbances). For example, you should deal with noise complaints accordingly, and you shouldn’t visit the property unnecessarily.
• Providing the tenant with a safe and clean home for the lease term. Examples include removing mold , resolving water damage, and fixing ventilation problems.
• Returning the tenant’s security deposit if the tenant treats the property respectfully and the rental is in good condition at the end of the lease term.
• Giving the tenant advance notice when you must enter the premises to fix something or show someone the property.

What happens if a tenant violates a lease?

If a tenant violates a lease , the landlord may try to resolve the problem by allowing the tenant to fix it (unless the violation is significant, such as using the property to sell or manufacture illegal drugs). If the issue is not resolved within a specific period (as set by state law), the landlord can begin eviction to remove the tenant.

Common lease violations include unpaid rent/utility bills and damage to the property.

What should I include in a lease agreement?

You should include the following information and clauses in a lease agreement:

• Names of all tenants : Write the names of every adult living on the property.
• Term : State the lease’s duration and whether it’s for a fixed period or will automatically renew.
• Rent : Set the amount of money the tenant will pay to live in the property and which day of the month the tenant will pay the rent.
• Premises : Describe the property and its location.
• Security deposit : Assign an amount of money the tenant will give the landlord to hold in case of any damages

Depending on your property and its location, you may need to include some standard disclosures and addendums that address specific situations, such as smoking or pets.

Related Documents

• Lease Termination Letter : A document created by the landlord or tenant in order to end an existing lease or rental agreement.
• Lease Renewal Agreement : Extends the term of an existing lease agreement between a landlord and a tenant.
• Eviction Notice : A written record that the Landlord properly notified the Tenant of a problem (i.e. lease violation, late rent, the lease ended).
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Residential Lease Agreement

Last Updated: October 17, 2023 by Roberto Valenzuela

A standard residential lease agreement (or “rental agreement”) is a contract for a tenant to use a landlord’s residential property in exchange for paying rent. A rental agreement must include specific details such as the periodic rent and the responsibilities of each party.

Residential Lease Agreements by State

Types of residential lease agreements.

A rental agreement allows a tenant to live in a residential property in exchange for a rent payment to the landlord. There are many different kinds of rental agreements, suited to different tenant needs and rental situations.

• Standard/Fixed Term – The most common lease agreement is a fixed term agreement. This is a lease for a specific, often extended period of time such as one year. Rent payments come due every month in most fixed term leases. A fixed term lease can be as simple as one page, or detailed and complicated as desired by the parties.
• Month-to-Month – A rental agreement which typically lasts for 30 days, renewing automatically at the end of each month unless the landlord or tenant provide a certain amount of advance notice.
• Sublease – This is where a tenant on an existing lease rents some or all of their rental property to a new, third-party tenant. Landlords usually have a strong preference for a direct business relationship with the person occupying their property, so subleases are often forbidden without the landlord’s prior written permission.
• Roommate – A roommate agreement is not a rental in the strict sense since it doesn’t add a tenant to the lease. The original tenant stays legally liable to the landlord for things like a default on rent. A roommate agreement is a contract between a tenant and a roommate, to arrange division of responsibilities like chores, rent, and utility payments.
• Short-Term (Vacation) – A short term tenancy that typically lasts a few days. May include more responsibilities than typical for a simple overnight rental like a hotel.
• Land Lease – A lease where the tenant owns and operates the residence, but the landlord owns the plot of land underneath. Sometimes also called a ground lease.
• Rent To Own – An agreement where the tenant pays a fee to get the option of purchasing the rental property at the end of the lease. Most rent-to-own agreements credit a portion of the monthly rent to equity in the property if the tenant exercises the purchase option.

Residential Lease Agreement Basics

A residential lease lays out the basic rights and terms that the landlord and tenant agree will govern the occupation of the rental property.

What is the difference between a lease and a rental agreement?

All leases are rental agreements, but not all rental agreements are leases. “Lease” is a term that refers specifically to fixed-term rental agreements.

• Rental Agreement – creates a tenancy for a  period of time in exchange for rent. Most residential contracts specifically called “rental agreements” are typically for a month or a 30-day period. Such month-to-month agreements renew automatically in most cases unless either party provides advance notice to end the agreement. Since the entire agreement renews monthly, landlords have a lot of power to change terms from one payment period to the next.
• Lease – creates a tenancy for an extended period of time, generally 1-2 years. Leases have advantages for both landlords and tenants. A lease guarantees an extended period of paid occupancy, which is good for landlords. It also provides stable, predictable terms for things like rent, which is good for tenants.

Can a tenant rent without a written lease?

Most states do allow rentals based on oral agreements, but this is legally risky. Terms of an oral lease can be difficult to prove in court when there’s conflicting testimony. In addition, many states require written leases by law for any rental contracts of one year or longer. Landlords on an oral lease may also have serious limitations on things like the amount of security deposit they can legally collect.

Can parties draft their own rental agreements themselves?

Every state lets a landlord and tenant write their own rental agreement according to their preferred terms. However, ignorance of the law is not an excuse; required and prohibited rental terms remain the same , no matter who drafts the agreement. For maximum safety, a rental agreement must use a professionally drafted template and also receive a specialized attorney review before execution.

Typical Lease Terms

A lease agreement or rental agreement outlines the basic rules and terms to which both the landlord and tenant agree. These are examples of important information to include in every lease or rental agreement.

• Names of Tenants/Landlords – Tames of all tenants, plus the landlord and/or the landlord’s agent authorized to manage the rental property.
• Means of Contact – Smooth and clear communication is the most effective way to reduce conflicts in rental situations. In addition to an address of record for written notice and rent payments, it’s important for a rental agreement to specify any acceptable alternative means of contact, like text or email.
• Occupancy Limits – Most residential property has a legal occupancy limit. Landlords can also limit occupancy on rentals however they choose, but this must be specified in the rental agreement.
• Type of Tenancy – To avoid an unfavorable interpretation over lack of clarity, a rental agreement must clearly state what type of tenancy it intends to create (month-to-month, fixed-term, etc.), including start and end dates.
• Payment of Rent – Details  acceptable payment methods (check, online card payment, etc.), the amount owed, and the due date. Any  late fees or charges for returned checks must also be detailed in the lease terms.
• Deposits and Fees – The specific terms of any security deposit (amount, allowed deductions, return, etc.) must be detailed, in compliance with local and state laws. Any non-refundable fees like pet or cleaning fees must be clearly disclosed, as well.
• Repairs and Maintenance – Any rental agreement should clearly describe the different responsibilities landlord and tenant have when it comes to maintaining the rental property. This includes both occasional repairs as well as regular maintenance like cleaning the property or changing smoke detector batteries. Note that a landlord’s repair responsibilities are often determined by state law .
• Landlord’s Access To the Property – Landlords have not only the right, but the responsibility to enter rental property for required legal purposes like making necessary repairs. Many states lack comprehensive access laws , so specifying a landlord’s entry rights in the rental agreement is especially important.
• Rules and Policies – Any landlord-enforced rules, regulations, and policies (e.g., smoking restrictions, pet rules, etc.) must be outlined or clearly referenced in the rental agreement. This helps limit a landlord’s liability.
• Disclosures – Depending on the location and specific rental situation, state or federal law may require various disclosures from the landlord to the tenant.

Required Disclosures and Addendums

Required disclosures and addendums vary by state and rental situation. These are the most common required disclosures.

• Lead-Based Paint – Federal law requires notice regarding the risks of lead-based paint in homes built prior to 1978. This requires a specific disclosure form and pamphlet in addition to notice of any known hazards in the building.
• Asbestos – For properties built before 1981, federal law requires notice of any asbestos on the property so that tenants can take appropriate precautions.
• Bed Bugs – Several states require disclosures regarding detection and treatment of bed bug infestations. This type of disclosure is also recommended for rental units with a history of infestation, for liability purposes, even where not required by state law.
• Landlord’s Name and Address – Some states make landlords and their agents provide tenants with a specific contact name, and address of record, for things like notices and rent payments.
• Mold Disclosure – Some states have specific requirements for disclosing mold issues and treatment.
• Shared Utilities Arrangements – When rental units share utilities, there may be statutory requirements for transparency on the specifics of how they are shared, and how each party’s bill is calculated.
• Move-In Checklist – To retain a security deposit, a number of states require that the landlord provide an  inspection with an itemized list of property features. This clarifies the condition of the property upon move-in, so that it’s obvious what the tenant has to pay for at the end of the lease term.
• Refundable/Non-Refundable Fees – Non-refundable fees generally must be disclosed as such in the lease. Tenants can otherwise often demand a refund at the end of the lease.
• Smoking – Depending on a property’s situation and local laws, there may be limitations which must be respected on what a smoking policy can allow or prohibit. In particular, states which have medical marijuana programs may have special regulations on residential use policies.
• Late and Returned Check Fees – Many states limit fees a landlord can charge for late payments or bounced checks. Such fees must usually also be disclosed in the lease to be valid.

Illegal Terms in a Rental Agreement

While state contract laws give wide leeway for landlords and tenants to set their own rental terms and conditions, potentially abusive provisions aren’t allowed. A landlord who includes prohibited terms in a lease might be subject to a lawsuit, or even criminal penalties in some extreme cases.

These are some examples of lease terms which often are illegal.

• Warranty of Habitability – Every state has minimum quality standards for housing , usually called a “warranty of habitability.” Landlords have a legal obligation to repair rental property up to these minimum standards. It’s illegal to try and waive a warranty of habitability. Note that in most cases, landlords don’t have to repair damage tenants themselves caused negligently or deliberately.
• Charging Penalties Instead of Fees – Late fees and other nonrefundable fees must be outlined in the lease or rental agreement. Fees in the lease cannot be designed as a punishment; they must reasonably reflect the actual costs related to an inconvenience.
• Security Deposit – The most common type of rental dispute is a disagreement over deductions from the security deposit. Many states regulate the terms under which a landlord can keep part of the security deposit. In general, tenants cannot be charged for damage they did not cause, costs the landlord did not incur, or normal wear and tear of the property.

How to Fill Out a Residential Lease Agreement

Below is a step-by-step process on how to fill out a lease agreement.

Section I. The Parties

• Date – The date of signature for the agreement.
• Landlord’s Contact Information – The landlord’s name and address.
• Tenant’s Names  – State the tenant(s) full name(s).

Section II. Location of the Premises

• Tenant’s Names – The full names of any and all tenants responsible for the lease.

Section III. Lease Term

• Lease Term – A clear statement of when the lease begins and ends.
• Termination Notice – Include the notice period required before terminating a month-to-month tenancy created after the lease ends.

Section IV. Rent

• Monthly Rent Due – The price of rent due per month.
• When Rent is Due – The date rent is due (typically, the first day of each month).
• Late Fees and Grace Periods – Most states allow a late fee if rent is not paid on time. If there is a late fee, enter the fee details plus when rent is considered late.
• Returned Checks – A fee for a bounced check with non-sufficient funds (NSF). If there is a fee, enter the amount per bounced check. Note that many states set a maximum cap on returned check fees.
• Rent Increase – The effective date of any rent increase.

Section V. Security Deposit

• Security Deposit – Most leases collect a security deposit, generally equal to one month’s rent. Each state’s security deposit law indicates what a landlord can use the money for and the maximum allowed amount.

Section VI. Use of Property

• Occupants – All tenants who are allowed to occupy the property (not including temporary guest stays). This section lists anyone living on the rental property for an extended period, including children.

Section VII. Subletting

• Assignment – A check in the appropriate box allows or denies permission for the tenant to sublet the rental property. Note the specific amount of advance notice to which a landlord is entitled when getting details about an upcoming subtenant.

Section VIII. Right of Entry

• Landlord Access – While state laws regarding landlord access vary widely, in general landlords can enter rental property for relevant purposes during normal business hours. In most cases, they must provide advance notice before a non-emergency entry, typically 24 hours.

Section IX. Non-Delivery of Possession

• Non-Delivery of Possession – Provides a time limit within which the landlord must deliver initial possession of the rental property to the tenant. This protects the tenant’s rights in case there’s an issue like the previous tenant refusing to move out. This limitation on the start date of lease may be required under some state or local laws.

Section X. Utilities

• Utilities – Indicates which utilities and services the landlord will provide to the tenants. Any utility or service not mentioned in the lease is, by default, the tenant’s responsibility.

Section XI. Pets

• Pets – Indicates whether pets are allowed in the rental unit, and relevant restrictions on things like breed or weight. Any nonrefundable pet fees must be disclosed here. Landlords cannot charge any fees for lawful support and service animals, but can require proper documentation before admitting them to a rental property.

Section XII. Default

• Default – Provides terms for ending the lease, including the amount of advance notice before termination or a formal default on rent payment. Note that these notice periods may be fixed by state or local law.

Section XIII. Notice

• Notice – Landlords must make themselves easy to contact for things like rent payment and repair requests. This field provides an address of record for streamlined contact between the landlord and tenant.

Section XIV. Parking

• Parking – Indicates whether the tenant receives a parking space as part of the lease as well as location and the terms on which the space is provided.

Section XV. Early Termination

• Early Termination – Indicates whether the tenant may break the lease early, as well as the notice and cost requirements. Some jurisdictions regulate the maximum early termination fee. Note that termination fees don’t apply if a tenant ends the lease due to landlord violations.

Section XVI. Smoking

• Smoking Policy – Describes the smoking policy for the rental property, including any designated smoking areas.

Section XVII. Signatures

• Signatures – The landlord and every adult tenant must sign the rental agreement to make it effective and binding on all parties. Each party customarily receives a copy of the lease upon execution. This is sometimes also a requirement under state law.

Frequently Asked Questions

Other rental templates.

Month-to-Month Rental Agreement

Rental Application Form

Residential Sublease Agreement

Lease Termination Letter

Room Rental Agreement

Commercial Lease Agreement

Even before Steward went bust, its landlord and financial lifeline paid a steep price

The hospital system owes medical properties trust nearly $1 billion. a bankruptcy judge will determine how much of that mpt gets back..

It was 2018, and Ed Aldag Jr. had a problem. It was his biggest tenant, Steward Health Care, long before it was clear to the wider world that the health system was being run into the ground .

Aldag’s company, Medical Properties Trust, was the nation’s leading landlord for hospitals, a real estate niche that Aldag himself created. But some investors were concerned that the Alabama real estate investment trust was too dependent on Steward, whose hospitals at the time accounted for 38 percent of its assets. (Such trusts distribute most of their profits as shareholder dividends.)

Not to worry, Aldag, MPT’s chairman, said on a conference call with analysts in November of that year, citing “significant progress” Steward had made as it digested two big acquisitions. Chief Financial Officer Steve Hamner explained why MPT was comfortable with its tenant.

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“Steward is really six different operations, six totally different markets, six different local management teams, the largest of which is Massachusetts at about 14 percent,” Hamner said. “None of those six markets are dependent upon any of the other markets or dependent upon headquarters to continue to operate.”

In other words, it was big but diversified, an ideal tenant you could count on to pay the rent.

Steward’s bankruptcy filing , made in the wee hours of Monday morning, put the lie to MPT’s assessment. Steward was a toxic tenant — so buried in debt by CEO Ralph de la Torre that it couldn’t afford to pay for the staff, equipment, and services it needed to provide care.

The meltdown also raises a question that has yet to be answered: Is MPT a victim of de la Torre’s recklessness — some would say malfeasance — or an enabler?

An MPT spokesperson didn’t respond to an email seeking comment.

Steward isn’t MPT’s first big tenant to hit a wall.

In 2017, Adeptus Health, which operated nearly 100 standalone emergency rooms, filed for bankruptcy. Private equity firm Deerfield Management, an Adeptus investor, took over the company and honored its MPT leases, including back rent.

But Adeptus continued to struggle. MPT eventually took $46 million in writedowns on the value of the ER centers, brought in different tenants, and sold some of the sites.

MPT is in much deeper with Steward.

It carried $793 million in loans to the Dallas company on its books at the end of last year. This year, as Steward’s financial condition grew more desperate, MPT provided another $97.5 million in short-term “bridge” loans. And on Monday, it agreed to $75 million more in “debtor-in-possession” financing as part of the bankruptcy.

That’s a total of $965.5 million. On top of that, Steward disclosed during a bankruptcy hearing on Tuesday that it still has $6.6 billion in lease obligations to MPT through 2041.

How much MPT gets back will be determined in bankruptcy court. But it has already paid a steep price to keep Steward afloat.

Last year it recorded about $700 million of impairment and other charges related to Steward. That included a writedown of its 9.9 percent stake in the company to $36 million from an original cost of $150 million.

MPT did make one well timed move. In March 2022, it sold Steward’s Massachusetts hospitals to a 50-50 joint venture it formed with Australia’s Macquarie Asset Management. It received $1.3 billion in proceeds, including from the sale of secured debt by the joint venture. Steward-run hospitals today account for 19 percent of MPT’s portfolio.

Back in 2018, investors seemed mollified by Aldag’s and Hamner’s assurances. The stock continued to climb through the end of 2021.

But the shares have since taken a beating amid higher interest rates, which began to rise in 2022, MPT’s Steward exposure, and the decision last summer to cut its dividend. After peaking at $23.63 on Dec. 31, 2021, MPT lost 82 percent of its value, almost four times the decline of health care real estate investment trusts overall.

That’s $11.5 billion in lost market value.

Larry Edelman can be reached at [email protected] .

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