How to Write a Standard Lease Agreement in 11 Easy Steps
Follow these steps to create a clear and legal lease agreement.
- Screen Potential Tenants with a Rental Application
- List All Parties Involved in the Transaction
- Describe the Property Address and Key Features
- Outline the Rent Terms and Due Dates
- List Landlord and Tenant Responsibilities of the Utilities and Services
- List Appliances and Furnishings Included with the Renal Property
- Set the Lease Duration and Renewal Options
- Security Deposit Requirements
- State the Smoking Policy Rules and Areas
- State Pet Policy and Pet Rules
- Attach Required Disclosure Forms
Step 1 – Screen Potential Tenants with a Rental Application
Summary: Before writing and signing the lease, check the tenant’s employment and credit history with a Rental Application. This document collects details about the tenant’s income, job status, credit score, and references. It helps landlords make sure that the tenant can afford the rent and has a good track record.
Step 2 – List All Parties Involved in the Transaction
Summary: Include the full names and contact details of the landlord and tenant(s). If a property manager is involved, their information should also be added.
Step 3 – Describe the Property Address and Key Features
Summary: List property details such as:
- Address
- Number of bedrooms and bathrooms
- Included Features such as parking or a gym
Step 4 – Outline the Rent Terms and Due Dates
Summary: Clearly state the following:
- Monthly rent amount
- Due date (“rent is due on the 1st of every month”)
- Payment instructions, including acceptable payment methods
- Late fees and grace periods (In New York, landlords cannot charge a late fee until after the 5th day).[2]
Step 5 – List Landlord and Tenant Responsibilities of the Utilities and Services
Step 6 – List Appliances and Furnishings Included with the Rental Property
Summary: Include a detailed list of appliances and furnishings provided with the property, such as:
- Refrigerator
- Oven
- Microwave
- Washer and dryer
- Furniture (if applicable)
Step 7 – Set the Lease Duration and Renewal Options
Summary: The most common lease is 12 months. Follow state-specific laws for leases with longer terms. Define the lease term (e.g., 6 months, 12 months) and specify renewal terms. Indicate any renewal policies or notice periods for non-renewal.
Step 8 – Security Deposit Requirements
Summary: State the amount (usually one (1) month’s rent), conditions for return, and any state-specific limits.
- The security deposit amount
- Conditions for return (e.g., cleanliness, no damages)
- State-specific limits and handling requirements
Step 9 – State the Smoking Policy Rules and Areas
Step 10 – State Pet Policy and Pet Rules
Summary: Clarify if pets are allowed. Include restrictions on breeds or sizes, pet fees, or deposits, and rules. Service animals must be accommodated by federal law.[3]
Step 11 – Attach Required Disclosure Forms
Summary: Attach legally required documents, such as:
- Lead-Based Paint Disclosure Form Form and EPA Pamphlet
- Move-in/Move-out Inspection Form
- Security Deposit Receipt
Federal Laws ⚖️
Fair Housing Act (FHA)
Summary (hud.gov↗): Cannot discrimination based on race, religion, or disability.
Americans with Disabilities Act (ADA)
Summary (ada.gov↗): Must include accessibility and rights for individuals with disabilities (reasonable accommodations and allowing service animals on property).
Lead-Based Paint Hazard Reduction Act
Summary (epa.gov↗): Must be included for homes built before 1978.
Fair Credit Reporting Act (FCRA)
Summary (ftc.gov↗): Disclosures when checking credit reports for screening tenants.
Privacy and Security Laws
Summary (occ.treas.gov↗): The roommate agreement must outline how personal information and data is protected. This is part of the Truth in Lending Act.
Uniform Residential Landlord and Tenant Act (URLTA)
Summary (nchh.org↗): URLTA provides guidelines for leases and tenant rights and covers security deposits, repairs, and maintenance rules.
Anti-Retaliation Laws
Summary (nhlp.org↗): Protects tenants from retaliation for asserting rights and the agreement cannot penalize roommates for exercising legal rights.