TopDoc Templates is reader-supported. When you buy through links on our site, we may earn an affiliate commission — at no extra cost to you. Learn more

Lease Agreement Guide: Deposit, Term & Duties Explained

Most landlord-tenant fights are about the same three things: money, time, and who fixes what. A written lease answers all three before they become disputes. Here is what must be inside — for landlords and tenants alike.

1. Parties and property

Full legal names and the exact address including unit number. Sounds obvious; missing unit numbers have voided claims.

2. Term and renewal

Start and end dates, plus what happens after: auto-renewal, month-to-month, or move out. Notice periods for non-renewal (often 30–60 days) must be written, not assumed.

3. Rent, due date, late fees

Amount, due day, accepted methods, grace period, and the late fee. State laws cap or restrict late fees — an excessive penalty can be thrown out.

Get a lease template →

4. Security deposit (the #1 dispute)

Amount (many states cap it at 1–2 months’ rent), where it’s held, what can be deducted (unpaid rent, damage beyond wear and tear — never routine cleaning in most states), and the return deadline after move-out, often 14–30 days depending on the state. Always do a signed move-in/move-out checklist with photos.

5. Duties: who fixes what

Landlord: structure, major systems, legal compliance. Tenant: daily upkeep, minor fixes, timely reporting. Gray areas (appliances, yard, pests) must be assigned explicitly — silence here is where fights start.

6. Utilities, pets, smoking, subletting

Who pays which bills, pet deposits and breed rules, smoking policy, and whether subletting or Airbnb-style stays are allowed. Each “we never discussed it” is a future conflict.

7. Entry and termination

Landlord entry needs advance notice except emergencies (often 24–48 hours by state law). Termination: breach notice, cure period, and the exact exit procedure.

3 expensive mistakes

  1. Verbal lease or handshake renewal — terms evaporate on day one of a dispute.
  2. No move-in checklist with photos — deposit deductions become your word against theirs.
  3. Copying another state’s lease — deposit caps, notice periods, and fee rules differ by state.

The bottom line

Start from a template with all seven sections, then adjust to your state: Legal Templates.

Compare lease templates →