What to look for in a lease before signing: 10 clauses to check

The 10 clauses to read first

Most leases follow a similar order, but the clauses that cost money or limit your choices are often spread across several pages. Read these ten closely before you sign, and mark anything you don't understand.

1. Rent and increases. Check the monthly amount, the due date, accepted payment methods and any grace period. Then look for a clause that allows the rent to change during the term or at renewal, and how much notice you get.

2. Term and renewal. Find the start date, the end date and what happens at the end. Some leases renew automatically for another full term unless you give notice by a set date. Others switch to month-to-month. Put the notice deadline in your calendar.

3. Fees. List every fee: application, admin, amenity, parking, pet, late payment, returned payment, lock-out and lease-break fees. Note which are one-time, which are monthly and which are refundable. Our guide to apartment lease fees explains each one.

4. Security deposit. Check the amount, what it can be used for, how and when it is returned, and whether the lease calls any part of it "nonrefundable." Some places limit deposits. For example, California's Department of Real Estate says that since July 1, 2024 most landlords there can charge no more than one month's rent as a security deposit, with a higher limit for some small landlords.

5. Repairs and maintenance. Who fixes what, how you report a problem, and how quickly the landlord responds. Watch for clauses that make you pay for repairs you did not cause, such as appliance replacement or pest control.

6. Landlord entry. How much notice the landlord gives before entering, for what reasons and at what times. Rules differ. Ontario's Landlord and Tenant Board describes 24 hours' written notice for reasons such as repairs, with entry between 8 a.m. and 8 p.m., while New York's guide describes "reasonable prior notice." Your local rule may be different.

7. Subletting and assignment. Whether you can rent the place to someone else, or hand the lease over, if you need to leave. Many leases require written consent first.

8. Early termination. What happens if you need to leave before the end date: a notice period, a fixed fee, rent until the unit is re-rented, or a mix. This clause is easy to skip and expensive to discover later; see breaking a lease early.

9. Utilities and services. Which bills are yours (power, gas, water, internet, trash), whether any are split between units by a formula, and whose name the accounts go in.

10. Pets and other house rules. Pet permission, pet fees or deposits, guest limits, noise rules, smoking, parking and storage. Check whether building or condominium rules are attached and form part of the lease.

Clauses that may not hold up where you live

A lease is a contract, but tenancy laws in many places override some terms. Ontario's guide to its standard lease, for example, says an extra term is void if it requires deposits, fees or penalties not permitted under the province's Residential Tenancies Act, such as damage or pet deposits. It lists "do not allow pets" as an example of a void term (with an exception for condominium rules). Other provinces, states and territories have different rules.

This doesn't mean any clause in your lease is invalid. It means you shouldn't assume a clause is enforceable, or unenforceable, without checking your local rules. Your state, provincial or territorial tenancy body is the place to check. In the US, USA.gov (opens another site) points renters to the state agency that handles tenant rights.

A short annotated sample

A synthetic excerpt from a sample lease, with notes on what to ask.

Sample lease, Northgate Property Management (synthetic). 4. Rent. Rent of $1,950 is due on the 1st of each month. A late charge of $95 applies if rent is received after the 3rd.

Note: A $95 late charge two days after the due date is worth asking about. Some places cap late fees or set a grace period. New York's guide, for instance, describes a five-day grace period and a cap of $50 or 5% of monthly rent, whichever is less. Check your own local rule.

9. Fees. Tenant agrees to pay a monthly amenity fee of $45 and a one-time administrative fee of $250 at move-in. These fees are nonrefundable.

Note: Add these to your real monthly cost. Ask what the amenity fee covers and whether you can opt out. In some places, a fee collected at move-in may count as part of the deposit; California's guide says most move-in charges other than the application screening fee are treated that way.

13. Renewal. This lease renews automatically for 12 months unless either party gives written notice 90 days before the end date.

Note: Ninety days before a 12-month lease ends is roughly month nine. Miss it and you may be committed to another year. Ask whether the landlord will send a reminder, and whether a shorter renewal term is available.

15. Repairs. Tenant is responsible for all repairs under $200, including appliances.

Note: Ask whether this covers normal breakdowns or only damage you cause. In many places the landlord has repair duties that a lease cannot remove, so check your local rules.

Questions to ask the landlord before signing

Ask in writing, by email if possible, so you have a record of the answers.

• What is the total I will pay at move-in, itemized?

• Which fees are monthly, which are one-time and which are refundable?

• Can the rent change during the term? How much notice will I get before a renewal increase?

• Does the lease renew automatically? What date do I need to give notice by?

• How do I report repairs, and what response time should I expect?

• How much notice do you give before entering?

• If I need to leave early, what exactly would I owe? Can I sublet or transfer the lease?

• Which utilities are in my name, and roughly what have they cost recent tenants?

• What are the pet rules and any pet charges?

• Are building or condominium rules part of the lease? Can I have a copy?

If an answer changes a term, ask for it to be written into the lease. California's guide suggests that agreed changes be made in the document itself, with both parties initialing next to the change.

Before you sign

• Read the whole lease, including attachments and addenda, not just the summary page.

• Make sure every blank is filled in or crossed out.

• Compare the lease to what was advertised: rent, parking, appliances, pets.

• Keep a signed copy, and take dated photos of the unit's condition when you move in.

• If something seems unclear or unusual, ask a local tenant service or a qualified professional before you sign.

Get a second pair of eyes on your lease

EasyToDecode is launching soon. It will read your lease, summarize these ten clauses with each point quoted from the lease itself, flag costs, deadlines and terms that are missing or unclear, and prepare questions to send the landlord before you sign. See how it works or join the waitlist to hear when it opens.