Rental agreements are contracts between landlords and tenants for leasing residential or commercial property.
These contracts are legally binding agreements that outline the terms (rights and responsibilities) required of both parties. Terms generally include start date, end date, rent amount and due date, late fees, security deposit requirements, and more.
Types of Rental Agreements
Landlords can choose from a variety of rental or purchase agreements based on their needs for the property:
Common Rental Agreement Addenda
In addition to the main portion of the rental lease agreement, landlords often include addenda that specify or disclose additional terms. Here are some of the most common ones:
- Lead Paint Disclosure – Landlords of rental properties built before 1978 must disclose the presence of lead-based paint as well as provide a pamphlet detailing its dangers.
- Mold Addendum – Specifies that the landlord has inspected for mold and defines the tenant’s responsibilities in preventing and reporting mold.
- Asbestos Disclosure Addendum – While there is no specific law requiring a landlord to test for or disclose the presence of asbestos, this addendum can provide peace of mind to tenants in older units.
- Parking Rules Addendum – Details where a tenant and their guests can park, along with the number of vehicles that can be parked outside the unit.
- No Smoking Addendum – Outlines the rules against smoking in or around the unit, and may specify certain designated smoking areas.
- Smoke Detector and Carbon Monoxide Addendum – Specifies the landlord’s and tenant’s responsibilities for maintaining and replacing detectors in the unit.
- Tenant Guest Policy Addendum – Outlines how many guests the tenant can have, how long a guest can stay, and when a guest becomes a tenant and must be added to the lease.
- Residential Liability Waiver Addendum – This general liability form specifies that a landlord is not responsible for any harm to tenants or guests or damage to their personal belongings.
- Shared Utilities Agreement Addendum – This addendum specifies how utility costs will be split among multiple tenants in a single unit or a multifamily building.
Landlord-Tenant Law
In addition to creating ironclad rental agreements, landlords must have an understanding of landlord-tenant law in their state. For example, states have differing rules around security deposits, raising rent, property entry, and more.
Maximum Security Deposits
Each state has its own rules about the maximum security deposit amount landlords are allowed to collect:
| State | Maximum Security Deposit |
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| Alabama |
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Security Deposit Return Laws
Each state has codified how long landlords have to return a security deposit to a tenant after the lease has ended:
| State | Deadline To Return Security Deposit |
|---|---|
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Rent Due Grace Periods
Most states allow landlords to charge a late fee the day after rent is normally due. However, these states require a grace period before landlords can assess a financial penalty:
| State | Required Grace Period for Late Fees |
|---|---|
| Arizona |
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| Colorado |
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Late Rent Fee Maximums
Most states have set maximums for how much a landlord can charge in late fees. Even states without specific limits can still only charge “reasonable” amounts, or else risk being taken to court. “Reasonable” is generally defined as no more than 10% and should be related to actual cost the landlord incurs.
| State | Maximum Late Rent Fee |
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| Alabama |
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When Can Landlords Raise Rent?
Landlords cannot raise rent during the lease, but they are allowed to raise rent at the end of a lease term. This means that a landlord can, for example, raise the rent at the end of every month for a month-to-month contract.
Some states have rent increase laws that limit how often a landlord can raise the rent:
| State | When Can a Landlord Raise Rent? |
|---|---|
| California |
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| Colorado |
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| Connecticut |
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| Delaware |
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| Maine |
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Landlord Entry Laws
Many states require a specific type and amount of advance notice to the tenant before a landlord can enter a rental property. Other states simply require “reasonable” advance notice, through any method that effectively communicates the reason and time of entry.
| State | Default Required Notice |
Allowed Notice Types | Possible To Waive Notice Requirements?* |
| Alabama | 2 days | Any actual notice (written posting on main door of residence is preferred) | Yes, for separately posted scheduled services |
| Alaska | 24 hours | Any actual notice | No |
| Arizona | 2 days | Any actual notice | Yes, when addressing a tenant repair request |
| Arkansas | “Reasonable” notice | Any actual notice | Yes |
| California | 24 hours (6 days for mailed notice) | Written notice only (with some special exceptions) | No |
| Colorado | “Reasonable” notice (48 hours in specific cases) | Usually written, depends on entry purpose | Yes |
| Connecticut | “Reasonable” notice | Any actual notice | No |
| Delaware | 48 hours | Written notice only (but actual notice may count in court situations) | Yes, in a separate written agreement before the start of the tenancy |
| Florida | 24 hours for repairs, “reasonable” notice otherwise | Any actual notice | No |
| Georgia | “Reasonable” notice | Any actual notice | Yes |
| Hawaii | 2 days | Any actual notice | No |
| Idaho | “Reasonable” notice | Any actual notice | Yes |
| Illinois | “Reasonable” notice | Any actual notice | Yes |
| Indiana | 24 hours | Any actual notice | No |
| Iowa | 24 hours | Any actual notice | No |
| Kansas | “Reasonable” notice | Any actual notice | No |
| Kentucky
(KY-URLTA communities only) |
2 days | Any actual notice (written only, if billing for non-compliance) | No |
| Louisiana | “Reasonable” notice | Any actual notice | Yes |
| Maine | 24 hours | Any actual notice | No |
| Maryland | “Reasonable” notice | Any actual notice | Yes |
| Massachusetts | “Reasonable” notice | Any actual notice | No |
| Michigan | “Reasonable” notice | Any actual notice | Yes |
| Minnesota | “Reasonable” notice | Any actual notice | Yes, if it’s not a condition for entering or maintaining the lease |
| Mississippi | “Reasonable” notice | Any actual notice | Yes |
| Missouri | “Reasonable” notice | Any actual notice | Yes |
| Montana | 24 hours | Any actual notice | No |
| Nebraska | 24 hours | Any actual notice | No |
| Nevada | 24 hours | Any actual notice | Yes, in an explicit waiver covering a single entry only |
| New Hampshire | “Reasonable” notice generally (48 hours in some specific cases) | Actual notice in general, written only for some specific cases | No |
| New Jersey | 1 day | Any actual notice | Yes |
| New Mexico | 24 hours | Any actual notice | No |
| New York | “Reasonable” notice | Any actual notice | Yes, by agreement in the lease or other contract |
| North Carolina | “Reasonable” notice | Any actual notice | Yes |
| North Dakota | “Reasonable” notice | Any actual notice (written posting in/on residence is preferred) | Yes |
| Ohio | “Reasonable” notice | Any actual notice | No |
| Oklahoma | 1 day | Any actual notice | No |
| Oregon | 24 hours | Any actual notice | Yes, with detailed requirements dependent on purpose |
| Pennsylvania | “Reasonable” notice | Any actual notice | Yes |
| Rhode Island | 2 days | Any actual notice | No |
| South Carolina | 24 hours | Any actual notice | No full waiver for notice, but some partial waivers available |
| South Dakota | 24 hours (by custom, not strict legal requirement) | Any actual notice | Yes, but disfavored by law enforcement |
| Tennessee
(TN-URLTA counties only) |
“Reasonable” notice generally, 24 hours for property showings | Any actual notice | No |
| Texas | “Reasonable” notice | Any actual notice | Yes |
| Utah | 24 hours (but tenants can’t sue if landlord fails to provide adequate notice) | Any actual notice | Yes |
| Vermont | 48 hours | Any actual notice | Yes |
| Virginia | 72 hours | Any actual notice | Yes, when addressing a tenant repair request |
| Washington | 2 days (1 day for property showings) | Written notice only | No |
| Washington DC | 48 hours | Written notice only (incl. text and email, provided that the tenant replies to the notice) | Yes, but only in writing |
| West Virginia | “Reasonable” notice | Any actual notice | Yes |
| Wisconsin | 12 hours | Written notice only, personally delivered to the tenant if possible | Yes, but only if written in a special lease addendum |
| Wyoming | “Reasonable” notice | Any | Yes |
Rental Agreement FAQs
Here are some of the most common questions landlords ask about rental agreements:
Do I Need a Rental Lease Agreement?
Landlords must have a lease agreement with their tenants in order for it to be a legal business deal.
While this agreement is almost always in writing, an oral agreement can be legally binding, provided the deal is for one year or less. Oral agreements are difficult to enforce, as there are no written rights or terms. For this reason, the vast majority of landlords use written rental lease agreements.
Can Landlords Create Their Own Rental Agreements?
Landlords can create their own lease agreements. Due to the complicated nature of lease agreements, landlords often start with a template and then have a landlord-tenant attorney look over the agreement. Then, the landlord can use the same basic template moving forward without having an attorney look it over each time.
What Information Should Be Included in a Rental Agreement?
Most rental agreements, at a minimum, should contain the following:
- The names, addresses, and contact info of all parties
- Address of the rental property
- Start and end date of the lease
- Amount of rent and security deposit
- Other costs, such as utilities, HOA, internet, and more
- Process and expectation for requesting repairs
- Lease rules, such as smoking, pets, number of vehicles, and more
- Guest rules, such as how long a guest can stay before they must be added to the lease
- Condition of the property and expectations for condition upon the lease term ending
- Any necessary or useful addenda for topics such as mold, asbestos, smoking, or parking rules
- Signatures of the landlord and any adult tenants
Sources
- 1 Conn. Gen. Stat. § 47a-21(d)(2)
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(2) Upon termination of a tenancy, any tenant may notify the landlord in writing of such tenant’s forwarding address. Not later than twenty-one days after termination of a tenancy or fifteen days after receiving written notification of such tenant’s forwarding address, whichever is later, each landlord other than a rent receiver shall deliver to the tenant or former tenant at such forwarding address either (A) the full amount of the security deposit paid by such tenant plus accrued interest, or (B) the balance of such security deposit and accrued interest after deduction for any damages suffered by such landlord by reason of such tenant’s failure to comply with such tenant’s obligations, together with a written statement itemizing the nature and amount of such damages. Any landlord who violates any provision of this subsection shall be liable for twice the amount of any security deposit paid by such tenant, except that, if the only violation is the failure to deliver the accrued interest, such landlord shall be liable for ten dollars or twice the amount of the accrued interest, whichever is greater.
- 2 Conn. Gen. Stat. § 47a-15a(b)
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If a rental agreement contains a valid written agreement to pay a late charge in accordance with subsection (a) of section 47a-4, a landlord may assess a tenant such a late charge on a rent payment made subsequent to the grace period in accordance with this section. Such late charge may not exceed the lesser of (1) five dollars per day, up to a maximum of fifty dollars, or (2) five per cent of the delinquent rent payment or, in the case of a rental agreement paid in whole or in part by a governmental or charitable entity, five per cent of the tenant’s share of the delinquent rent payment. The landlord may not assess more than one late charge upon a delinquent rent payment, regardless of how long the rent remains unpaid.
- 3 Fla. Stat. § 83.808(3)
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A facility or unit owner may charge a tenant a reasonable late fee for each period that he or she does not pay rent due under the rental agreement. The amount of the late fee and the conditions for imposing such fee must be stated in the rental agreement or in an addendum to such agreement. For purposes of this subsection, a late fee of $20, or 20 percent of the monthly rent, whichever is greater, is reasonable and does not constitute a penalty. In addition to late fees, a facility or unit owner may also charge a tenant a reasonable fee for any expenses incurred as a result of rent collection or lien enforcement.
