Free Lease Agreement Template

Name: Residential Lease Agreement
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Residential Lease Agreements are vital legal contracts for managing real estate. Create a comprehensive rental agreement between landlords and tenants today with our step-by-step survey and templates.

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Last Update August 19, 2024

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What Is a Lease Agreement Difference Between a Lease and a Rental Agreement How to Write a Lease Agreement Security Deposit Laws (by State)Other Real Estate Documents Lease Agreement FAQs

What Is a Lease Agreement

A lease is a contract between a tenant and landlord that allows the tenant to take temporary ownership of the property in exchange for regular rental payments.

Around 100 million Americans live in rental properties, and many of these people have entered into Residential Lease Agreements.

Leases are usually longer-term contracts covering many months or years, and they have set terms that cannot be changed frequently.

A Lease Agreement could also be called:

Home Lease Contract
Rent Lease Agreement
Residential Lease Agreement

A Lease Agreement is a binding legal contract between both parties, and it typically specifies fees, the duration of the lease, and other rules.

While Lease Agreements are for a fixed term, it’s possible for either party to terminate or alter the conditions of a month-to-month lease (with notice).

On the other hand, neither party can change nor end a standard lease early.

Various types of leases can be used depending on the type of property being offered to tenants, including, industrial, advertising, and rent-to-own leases.

Commercial lease agreement is also used commonly by business owners and landlords who agree to rent property for office space, a store or for other non-residential activities.

In certain cases, a lease contract may also be used for other valuable items such as tools and expensive machinery, this is known as an equipment lease.

Difference Between a Lease and a Rental Agreement

In general, a Rental Agreement and a Lease Agreement cover similar terms and conditions.

However, it is critical to understand the key difference between them to know which legal document to sign with your tenant.

The biggest difference between a Lease Agreement and a Rental Agreement is the length of the contract.

In most cases, a lease allows the tenant to live in a property with the conditions set for a year or more.

A Rental Agreement on the other hand is a rolling contract that is renewed after each rental term has lapsed, usually on a month-to-month or week-to-week basis.

How to Write a Lease Agreement

A Residential Lease Agreement or a Rental Agreement between a landlord and tenant can potentially run for many months or years.

Therefore, it is essential to not leave out any terms, conditions, or information. Failing to include any of these details could lead to problems such as nonpayment of rent or evicting the tenant for whatever motive.

The names and addresses of the landlord, property manager (if applicable), and tenant(s).
The location and description of the residential premises that are to be leased.
The duration of the lease.
How often rent must be paid.
The amount of rent that must be paid for each new rental term.
Details on how much must be paid for the security deposit.
The key terms outlining how the property may and may not be used, e.g. whether pets can be kept.
Information on which party is responsible for repairs and maintenance.
Any additional fees or service payments that the tenant must pay on a regular basis.
The rules on how either party must act if the agreement ends early. For example, if an eviction notice is served.

Remember, a Rental or Lease Agreement must conform to the landlord-tenant laws in your state. When filling out the template, remember to keep this in mind.

Use our step-by-step Rental and Lease Agreement template tool to easily select the correct form for your state.

Parties in a Lease Agreement

There are usually two key parties bound by a Lease Agreement contract. The landlord and the tenant. However, there are occasionally other stakeholders who might need to be factored in.

One such example is a property manager or rental agent. Landlords with multiple properties or rental units will often entrust the administration of their portfolio to a third party. These professionals act as an intermediary between the landlord and the tenant.

In some cases, if the property is managed by an agency or hired employee of the landlord, it will also be necessary to include them in the Lease Agreement. They will often sign the contract on behalf of the landlord if they have been authorized to do so.

Security Deposit Laws (by State)

Most rental properties are secured by a monetary deposit made by the tenant at the start of the agreement. Each state has its own rules on what landlords may and may not charge for this security payment.

Lease disclosures and addendums

There are several important documents you should be aware of prior to and during the signing of the agreement.

Before the tenant’s occupancy begins, you may be obligated to disclose certain information to them.

For example, if the rental property was constructed before 1978 you must provide a Lead Based Paint Disclosure Form to the incoming renter if the substance is found on the property.

You can also add changes (or addendums) to the contract, for example, raising the price of rent.

The tenant must be given formal notice with a Rent Increase Notice. This document must be given with a certain amount of notice based on the state where the property is found.

During the tenancy, if the tenant fails to make rental payments, you can take action. Send a Late Rent Notice to the tenant and if they continue to fail to pay, you can begin eviction proceedings.

Lease Agreement FAQs

Residential Lease Agreements contain many intricate details and must be written with care. If you’re still unsure of what steps you may need to take to complete your document or what info you need to get down on paper, read our FAQs below for more information.

What Happens if a Tenant Violates a Lease?

If a Lease Agreement is violated by a tenant, the landlord may have the right to terminate the contract with the resident and to serve an eviction notice.

If this happens, most contracts and state laws require the landlord to serve a “cure or quit” notice, which requires the tenant to correct the violation or leave within a set period.

However, in some states, more serious violations involving property damage and illegal activity on the property could lead to the instant termination of a contract.

It is therefore important to review your local property legal codes to determine in what situations you are entitled to cancel the contract immediately or when a notice period must be given.

Do I Need to Notarize My Residential Lease Agreement?

Usually, a Residential Lease Agreement doesn’t need to be notarized or witnessed according to most state and federal laws. Yet, it is still recommended as a means of combatting fraud.

Signing a residential lease agreement in front of witnesses or a notary public ensures that all parties are seen to be fully aware of the terms of the contract being signed. Furthermore, it ensures that both the tenant and landlord are who they say they are and also makes the document and signatures harder to falsify.

What Happens When a Residential Lease Ends?

When a Residential Lease ends, the landlord and tenant have the option to either continue with their current agreement or to end it permanently.

In most situations, the landlord may adjust some contract conditions, such as the amount of rent that’s paid during each rental term. The tenant then has the option to accept the new contract or leave the property within a certain amount of time.

However, sometimes this is not an option, as the landlord may no longer wish to rent the property to the tenant. If this occurs, a lease termination eviction notice will usually be served.

Yet be aware, if a landlord continues to collect rent for rental terms after the contract has ended you will enter a lease holdover situation and not have the right to evict the tenant legally. You will instead have to wait until the rental term that has been paid for has ended.

How To Write a Lease Termination Letter?

If you are a landlord, and you wish to end your rental contract with a tenant, you should first send the renter a lease termination letter. This clearly states your desire to end the tenancy.

The letter must contain the following information:

The start date and the termination date of the contract
How many days’ notice is being given of the lease termination
The reason that the contract will not be continued
Where the security deposit can be paid (if a tenant is ending the tenancy)

Either a landlord or tenant can write this letter to indicate a desire to end a Residential Lease Agreement or a rental agreement. However, if the renter wishes to end the contract early, the landlord may still hold them to the full term unless there are clear early termination clauses that allow the agreement to be ended early.

Where Can I Get a Lease Agreement Form?

A lawyer can provide you with a Lease Agreement document, however this is a costly option.

A Lease Agreement form can be created, customized, and completed online using our step-by-step legal document making tools.

Draft a Rental Agreement in minutes with our valid legal template.

All you need to do is follow the state-specific guided instructions and enter the precise information for your rental property and prospective tenant.

Preview of your Residential Lease Agreement

California
Residential Lease Agreement

This Lease Agreement (hereinafter, the "Lease Agreement") is dated as of _________ (hereinafter, the "Effective Date") and is entered into by and between _________ (hereinafter, the "Landlord") and the following residents:

_________
(hereinafter, the "Tenant(s)").

The Landlord and the Tenant(s) agree as follows:

1. PROPERTY AND OCCUPANTS

A. The Landlord rents to the Tenant(s) and the Tenant(s) rents from the Landlord the real property and improvements described as a house (the "Premises"), located at _________, _________, California _________. The Property is further described as follows: _________.

B. The premises are for the sole use as a personal residence by the Tenant(s) mentioned above only.

2. TERM

The term of this Residential Lease Agreement begins on _________ (the "Commencement Date") and shall terminate on _________ at 1 PM (the "Termination Date").

The Tenant(s) shall vacate the Premises upon termination of the Residential Lease Agreement, unless: (i) the Landlord and the Tenant(s) have, in writing, extended this agreement or signed a new agreement; (ii) mandated by local rent control law; or (iii) the Landlord accepts Rent from the Tenant(s) (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate. In this case, the Tenant(s) may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date. The Landlord may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date. Rent shall be at a rate agreed to by the Landlord and the Tenant(s), or as allowed by law. All other terms and conditions of this Agreement shall remain in full force and effect.

3. RENT; LEASE PAYMENTS

"Rent" shall mean all monetary obligations of the Tenant(s) to the Landlord under the terms of this Agreement, except the Security Deposit.

(a) The Tenant(s) agrees to pay $_________, on first day of each calendar month, and is delinquent on the next day. Payments of rent shall be made to the Landlord at the address herein provided. This address may be changed from time to time by the Landlord provided that the Tenant(s) is given notice of such change by the Landlord.

If the Commencement Date falls on any day other than the day Rent is payable under this paragraph, and the Tenant(s) has paid one full month's Rent in advance of the Commencement Date, Rent for the second calendar month shall be prorated based on a 30-day period.

(b) Rent shall be paid by the following method(s):

4. SMOKING

The Tenant(s) shall not smoke in or on any area of the premises, including individual units and common areas, both indoors or outdoors, nor allow their guests to do so. The Tenant(s) shall be held responsible for any breach of this provision and for the reasonable costs of rectification of any damage which may have been caused as a result of smoking on the Premises, for any appropriate cleaning, ozone treatment, fogging, or duct cleaning, required. Any breach of this provision shall be understood as just cause to entitle the Landlord to any and all remedies available by law.

If the Tenant(s) contravenes this provision by smoking in or on any place on the property, then such Tenant(s) shall be held liable for any damages caused to the Premises or the Property. The violation of this provision shall be considered a just cause for the eviction of the Tenant by the Landlord.

5. MANAGEMENT

The Tenant(s) is hereby notified that the Owner or Landlord _________ is the property manager in charge of repairs and maintenance of the Property. If the Tenant(s) has any complaint regarding any issue about the Property, the Owner or Landlord _________ shall be contacted at _________, _________, _________.

6. OCCUPANTS

Unless otherwise consented by the Owner or Landlord, there shall be no more than _________ person(s) residing on the Premises.

All the provisions of the Residential Lease Agreement are binding on each person herein mentioned as Tenant(s) and/or Occupants of the Premises.

Authorized Tenants/Occupants:

_________

Each Tenant is individually and jointly liable for all the obligations in this Residential Lease Agreement, including, but not limited to, full payment of Rent. There shall be no other persons living or permanently staying on the Premises other than the Tenant(s) and any Occupants herein explicitly mentioned. Any and all guests shall only be allowed to stay on the Premises for _________ consecutive days. Unless otherwise consented by the Owner or Landlord, guests of the Tenant(s) shall NOT be allowed to stay on the Premises for a period longer than two (2) weeks. The Tenant (s) must obtain prior written approval of the Owner or Landlord if a guest of the Tenant(s) will be present at the Premises for more than two consecutive weeks.

7. PETS

No animal or pet shall be kept, permanently or temporarily, on or about the Premises without Landlord’s prior written consent. The only exception to this general rule shall be Service Animal(s). The exception to this general rule is provided by California Civil Code § 54.2, under which every individual with a disability shall have a right to have a Service Animal(s) on the Premises.

The Tenant(s) is responsible for all damages caused to the property for having a pet in or on the Premises, including, but not limited to, odors, stains, and pest problems, regardless of the ownership of the said pet, and shall be obliged to restore it to its original condition at their own expense.

8. MAINTENANCE

The Landlord shall maintain the Premises at all times and perform all repairs reasonably necessary. The primary duty of the landlord shall be to meet the implied warranty of habitability of the Property, that the premises are in a safe, livable condition.

Subject to California Civil Code § 1954, the Landlord may only enter the dwelling unit without the consent of the Tenant(s) in case of an emergency. Moreover, a request made by the Tenant(s) to the Landlord for repair or maintenance shall be considered consent for the Landlord or his authorized agent to enter the Premises. However, the Landlord shall only enter the Premises during normal business hours, except in an emergency or if the Tenant(s) consents to an entry during other than normal business hours. If there is no repair request by the Tenant(s), the Landlord shall give the tenant reasonable notice in writing of his or her intent to enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the Tenant(s). Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.

The Landlord shall not use the right to access or use it to harass the Tenant(s). No notice requirement to the Tenant(s) shall be given by the Landlord if the Tenant(s) are present and consent to the entry at the time of entry. The Tenant(s) shall guarantee that the Premises are in a safe and habitable condition upon the Landlord's entry.

The Tenant(s) recognizes that the Landlord may have to enter the Premises from time to time to make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services to keep the Premises in good condition. Thus, the Tenant(s) shall permit the entry to the Premises to the Landlord or Landlord’s authorized agent for these purposes or to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors.

The Landlord and the Tenant(s) agree that 24-hour written notice shall be reasonable and sufficient notice for such circumstances, except as follows: 48-hour written notice is required to conduct an inspection of the Premises prior to the Tenant(s) moving out unless the Tenant(s) waives the right to such notice. Notice may be given orally to show the Premises to actual or prospective purchasers provided the Tenant(s) has been notified in writing within 120 days preceding the oral notice that the Premises are for sale and that oral notice may be given to show the Premises.

TEMPORARY RELOCATION: Subject to local law, the Tenant(s) agrees, upon demand of the Landlord, to temporarily vacate the Premises for a reasonable period, to allow for fumigation (or other methods) to control wood-destroying pests or organisms, or other repairs to the Premises. The Tenant(s) agree to comply with all instructions and requirements necessary to prepare the Premises to accommodate pest control, fumigation, or other work, including bagging or storage of food and medicine, and removal of perishables and valuables. The Tenant(s) shall only be entitled to a credit of Rent equal to the per diem Rent for the period of time the Tenant(s) is required to vacate the Premises.

PERIODIC PEST CONTROL: The Tenant(s) shall assist the Landlord in all efforts to eliminate pests of any sort from the Premises. The Tenant(s) agree to comply with all the Landlord's rules and requests in these regards and any non-compliant conduct from the Tenant(s) shall be considered a nuisance. If the Landlord has entered into a contract for a periodic pest control treatment of the Premises the Tenant(s) shall be given a copy of the notice originally given to the Landlord by the pest control company. If such notice is not given to the Tenant(s) the Landlord may not hold the Tenant(s) liable for non-compliance of any sort or for not consenting to any of the periodic pest control visits to the Premises.

The Tenant(s) shall properly use, operate, and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings and appliances, and all mechanical, electrical, gas, and plumbing fixtures, and keep them and the Premises clean, sanitary, and well ventilated. The Tenant(s) shall be responsible for checking and maintaining all smoke detectors and any additional phone lines beyond the one line and jack that the Landlord shall provide and maintain. The Tenant(s) shall immediately notify the Landlord, in writing, of any problem, malfunction or damage. The Tenant(s) shall be charged for all repairs or replacements caused by the Tenant(s), pets, guests, or licensees of the Tenant(s), excluding ordinary wear and tear. The Tenant(s) shall be charged for all damage to the Premises as a result of failure to report a problem in a timely manner. The Tenant(s) shall also be charged for the repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.

9. UTILITIES AND SERVICES

The Tenant(s) agree to pay for all utilities and services in connection with the Premises. The Tenant(s) agree to comply with all rules and regulations imposed by the Landlord and that are at any time posted on the Premises or delivered to the Tenant(s), including but not limited to any environmental, energy, or water conservation, recycling or waste management plan implemented by the Landlord. If any utilities are not separately metered, the Tenant(s) shall pay Tenant’s proportional share, as reasonably determined, and directed by the Landlord. If utilities are separately metered, the Tenant(s) shall place utilities in the Tenant’s name as of the Commencement Date of this Lease Agreement. If utilities on the Premises are metered by Master Meters, the landlord shall have the right to measure the Tenant(s)'s utilities and to bill the Tenant(s) for the consumption of such utilities, either directly or through a third party. Nothing contained herein prevents the Landlord from passing through to Tenant utility costs as provided by law. However, the Landlord shall give the Tenant(s) evidence of all bills prior to recovering utility costs from the Tenant(s).

The Landlord is only responsible for installing and maintaining one usable telephone jack and one telephone line to the Premises.

The Tenant(s) shall pay any cost for conversion from existing utilities service provider or for any repairs required or charges for any services provided on any utility or fixture.

The Tenant(s) acknowledges that the Landlord has fully explained to the Tenant(s) that all utility rates, charges, and services shall be paid by the Tenant(s).

The Landlord shall not be held liable under this Lease Agreement for damages caused for any interruption or reduction of utilities caused by someone other than the Landlord or due to circumstances unforeseeable to the Landlord or beyond the Landlord's reasonable control.

10. FAILURE TO PAY

Pursuant to California Civil Code section 1785.26, a creditor may submit negative credit information concerning a consumer to a consumer credit reporting agency, only if the creditor notifies the consumer affected. After providing this notice, a creditor may submit additional information to a credit reporting agency respecting the same transaction or extension of credit that gave rise to the original negative credit information without providing additional notice.

The notice shall be in writing and shall be delivered in person or mailed first class, postage prepaid, to the party’s last known address, prior to or within 30 days after the transmission of the negative credit information.

The notice may be part of any notice of default, billing statement, or other correspondence, and may be included as preprinted or standard form language in any of these from the creditor to the consumer.

The notice is sufficient if it is in substantially the following form:

“As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.”

11. EARLY TERMINATION CLAUSE

In the event of termination by the Tenant(s) prior to the completion of the original term of the Lease Agreement, the Tenant(s) shall be responsible for lost Rent, rental commissions, advertising expenses, and painting costs necessary to ready the Premises for re-rental. The Landlord may withhold any such amounts from the Tenant(s)’s security deposit. In addition to the rent due up to the termination day, the Tenant(s) shall pay a termination charge of $_________ for the early termination of the Agreement upon serving on the Landlord a _________ days' written notice, stating that the Tenant(s) wish to terminate the Lease Agreement. The Termination of the Lease Agreement shall take effect on the last day of the month after the expiration of the _________ day notice period.

12. ASBESTOS

This Property may contain asbestos. Some of the original building materials may contain this hazardous substance. Please take notice that any disturbance or damage to certain interior apartment surfaces of asbestos-containing materials may increase the potential exposure to these substances.

The Tenant(s) or the Tenant(s) guests, employees or contractors, shall not take or permit any action which in any way damages or disturbs the Premises or any part thereof, including, but not limited to:

(i)	Piercing the Surface of the ceiling by drilling or any other method.
(ii)	Hanging plants, mobiles or any other objects from the ceiling.
(iii)	Attaching any fixtures to the ceiling.
(iv)	Permitting water or any other liquid, other than ordinary steam condensation, to come into contact with the ceiling.
(v)	Painting, cleaning or undertaking any repairs of any portion of the ceiling.
(vi)	Replacing the light fixtures.
(vii)	Undertaking any activity which results in building vibration that may cause damage to the ceiling.

The Tenant(s) shall notify the Landlord immediately in writing if there is any damage to or deterioration of the ceiling in the Premises or any part thereof, including, without limitation, flaking, loose, cracking, hanging or dislodged material, water leaks, or stains in the ceiling, or upon the occurrence of any event mentioned above.

13. COMPLIANCE WITH REGULATIONS

The Tenant(s) agrees to comply with all laws, rules, orders, ordinances, directions, codes, regulations, and requirements (as interpreted by judicial and administrative decisions) of all governmental agencies, offices, departments of the federal, state, county, municipal and other authorities. However, the Tenant(s) shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.

14. ASSIGNABILITY/SUBLETTING

The Tenant(s) may not assign or sublease any interest in or any part of the Premises, nor assign or transfer this Lease Agreement, or effect a change in the ownership of the Property, or mortgage this Lease.

The Tenant(s) shall not contravene this provision, unless the Landlord expressly waivers this prohibition in writing, the consent of which the Landlord may, in any case, withhold in its sole and absolute discretion.

15. LEAD DISCLOSURE

Many homes and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint chips and dust can pose serious health hazards to tenants, occupants and guests if not taken care of properly. Homebuyers and renters have important rights to know about whether lead is present -- before signing contracts or leases. The law requires that tenants and lessees receive certain information before renting pre-1978 housing. By signing this Lease, the Tenant(s) represents and agrees that the Landlord has provided the Tenant(s) with such information, including, but not limited to the EPA Booklet Entitled Protect Your Family From Lead In Your Home, Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards.

In accordance with federal law, the Landlord gives and the Tenant(s) acknowledges receipt of the disclosures on the attached form (C.A.R. Form FLD) and a federally approved lead pamphlet.

16. MOLD/MILDEW

The Tenant(s) agrees that Mold growth in the Premises largely depends on how the Tenant(s) manages and maintains the Premises. Thus, it shall be the Tenant(s)'s responsibility to maintain the Premises in order to prevent the growth of Mold or Mildew in the Property. The Tenant(s) further agrees to comply with the list of obligations which are included in the addendum entitled Mold Notification. The Tenant(s) also agrees that the Landlord and its authorized agents will not be responsible for any illness, injury, or damage relating to mold if it was caused (or partially caused) by the Tenant(s)'s failure to clean and maintain the Premises or to promptly notify the Landlord of mold or mildew. Lastly, the Tenant(s) agrees that the Landlord has provided the Tenant(s) with a Mold Notification Addendum and Mold/Mildew Disclosure Form.

17. NOTICE

Notices under this Lease Agreement may only be considered valid if served at the following address, or at any other location subsequently designated:

LANDLORD:

_________
_________

TENANT:

_________
_________, _________, California _________

Such addresses may be changed from time to time by either party by providing notice as set forth above.

18. GOVERNING LAW

This Lease Agreement shall be governed, construed, and interpreted by the Laws of the State of California.

IN WITNESS WHEREOF, the Landlord and the Tenant(s) have executed this Lease Agreement in the manner prescribed by law as of the Effective Date.

LANDLORD:

By: ____________________________ Date: ______________
_________

TENANT:

By: ____________________________ Date: ______________
_________

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