Residential lease: what to check before you sign

A lease is a binding contract, usually for a year or more, and often for the biggest bill you pay each month. Most renters skim it at the end of a long search, with a landlord or agent waiting. This guide gives you an order for reading it, what to look for in each part, and what to ask.

The laws behind leases differ widely. A deposit limit, a notice period or an entry rule that applies in one place may not apply in another. Where this guide gives examples from a specific place, they're examples, not the rule where you live. Check with your local tenant service or housing agency.

Before you start: get the whole lease

Ask for the full document before the day you sign:

• the lease itself
• any house rules, building rules or community rules
• addenda: pets, parking, utilities, smoking, mold, lead paint or other disclosures your area requires
• the condition report or inventory, if there is one
• special conditions added by the landlord or agent

Then check the basics. Are the landlord's name and contact details correct? Is every adult who will live there named as a tenant? Are the address, unit number, start date and end date right? If something is wrong now, it will be harder to fix later.

1. Rent and rent increases

• Amount, due date and how to pay. Is there a grace period? Which payment methods are accepted?
• Late fees. How much, and from which day? Is it a one-time fee or a daily charge?
• Increases during the lease. Some leases fix the rent for the term. Others allow increases on a schedule or "with notice". Find the clause and the notice period.
• Increases at renewal. Is there a cap or a formula, or can the landlord set any new rent?

2. The deposit

Deposits are where renters most often lose money, and where local law most often sets limits.

• How much. Many places cap deposits. California generally limits a security deposit to one month's rent, with some small landlords allowed two (Civil Code 1950.5). New York limits it to one month's rent (New York Attorney General). In the Philippines, the Rent Control Act limits covered units to one month's advance rent and two months' deposit (Republic Act 9653, section 7). India's Model Tenancy Act proposes two months' rent for homes, but it applies only where a state adopts it (PRS India).
• Where it's held. Some places require the deposit to be held in a separate account, or with a government scheme.
• When it comes back. The lease or the law usually sets a deadline after you move out: 21 days in California, 14 days in New York, for example.
• What can be deducted. Unpaid rent and damage beyond normal wear and tear are typical. Watch for clauses that deduct automatic cleaning or repainting charges.
• Proof of condition. Complete the condition report, take dated photos and videos of every room when you move in, and keep copies.

3. The term, renewal and auto-renewal

• Fixed term or periodic? A fixed-term lease runs to an end date. A periodic one (month to month, for example) continues until someone gives notice.
• What happens at the end. Does the lease end, renew for another full term, or roll over to month to month? An automatic renewal for another year is the clause renters most often miss.
• Notice deadlines. How much notice must you give if you don't want to renew, and in what form? Put the deadline in your calendar the day you sign. In New York, for example, a landlord relying on an automatic renewal clause must remind the tenant before the tenant's notice deadline (New York Attorney General). Many places have no such rule.

4. Ending the lease early

Life changes: a new job, a family need, a bad neighbour. Find out now what leaving early would cost.

• Is there a break clause? Some leases let you leave early by paying a set fee, often a number of weeks' or months' rent.
• If there isn't, you may owe rent until the end of the term or until a new tenant moves in, plus advertising or re-letting costs.
• Does the landlord have to look for a new tenant? In some places they must try to re-let and reduce your bill; in others the lease decides.
• Special situations. Some laws let tenants end a lease early in specific circumstances. A local tenant service can tell you if any apply to you.

5. Repairs and maintenance

• Who fixes what. Structure, plumbing, heating, appliances, pests, gardens, smoke alarms.
• How to report. Most leases require repair requests in writing. Use email or the agent's portal, and keep a copy.
• How fast. Is there a timeframe for urgent and non-urgent repairs?
• What you pay for. Damage you or your guests cause is usually yours. Watch for clauses that make you pay for all repairs under a certain amount, or for wear and tear.

In many places, a landlord's duty to keep a home safe and livable comes from law, and a lease can't remove it. That's a reason to ask, not a reason to sign a clause that says otherwise.

6. Subletting, assignment and guests

• Subletting or assignment. Usually needs the landlord's written consent. Check whether consent can be "unreasonably withheld".
• Short-term rentals. Many leases ban listing the home on short-stay sites.
• Guests. Some leases limit how long a guest can stay before they count as an occupant.
• Roommates. If several people sign, each may be responsible for the full rent, not just their share. Ask what happens if one roommate leaves.

7. Pets

If you have a pet, or might get one, get the answer in writing. Look for:

• whether pets are allowed, and which ones (number, size, breed)
• a pet deposit, pet fee or monthly pet rent
• cleaning or fumigation charges at the end
• rules about noise, damage and common areas

If the lease says "no pets" and the landlord says "a cat is fine", ask for that to be written into the lease or a signed addendum.

8. When the landlord can enter

• Notice. How much, and in what form? California presumes 24 hours' written notice is reasonable for most visits (Civil Code 1954). New York requires reasonable prior notice, with exceptions for emergencies (New York Attorney General).
• Reasons. Repairs, inspections and showing the home to new tenants or buyers are typical. Is there a limit on how often?
• Times. Reasonable hours, or any time?

9. Utilities and services

• Who pays what. Electricity, gas, water, sewer, trash, internet, building services.
• Whose name. If a bill stays in the landlord's name and is passed on to you, how is your share worked out?
• Shared meters. In shared houses, how are bills split?
• Included services. If rent includes water or internet, is there a limit, or can the landlord start charging later?

10. Fees and other charges

Fees add up. List every one before you sign.

Some places limit which fees a landlord may charge. If a fee looks unusual, ask your local tenant service whether it's allowed.

Also worth checking

• Renters insurance. Some leases require it. The landlord's policy usually doesn't cover your belongings.
• Alterations. Hanging pictures, painting, installing shelves or a washing machine.
• Rules. Noise, smoking, parking, bins, balconies, shared laundry.
• Notices. How and where you and the landlord must send formal notices.
• Changes to the rules. Can the landlord change building rules during the lease?

Questions to ask the landlord or agent

1. Is the rent fixed for the whole term? When and how can it go up?
2. How much is the deposit, where will it be held, and when will I get it back?
3. What happens at the end of the term? Does the lease renew automatically?
4. How much notice do I need to give, and how do I give it?
5. Can I end the lease early? What would it cost?
6. Who handles repairs, how do I report them, and how quickly are they fixed?
7. Can I sublet, or have a roommate or guest stay?
8. Are pets allowed, and are there any extra pet charges?
9. How much notice do you give before entering?
10. Which utilities do I pay, and which accounts do I set up?
11. What fees could I be charged during or at the end of the lease?
12. Can you put any promise you've made to me into the lease?

Before you sign

• Ask for changes in writing, in the lease or a signed addendum. Both sides should initial changes made by hand.
• Don't sign a lease with blank spaces.
• Keep a full signed copy, with every attachment.
• Pay by a method that leaves a record, and keep the confirmation.
• Photograph the home on move-in day, before you unpack.

Check your lease with FileAI

Upload your lease as a PDF or Word file and ask questions in plain English, like "How much notice do I need to give to end this lease?" or "What can be deducted from my deposit?". Each answer has numbered sources: click one to see the passage it came from, highlighted on the page in PDFs. If the lease doesn't mention something, like pets, FileAI says so.

FileAI reads only what's in your file. It doesn't know your local tenancy law, and it can be wrong, so always read the highlighted passage before you rely on an answer. Scanned leases without selectable text aren't supported yet.

Try the sample contract demo first, no signup needed, or read how FileAI helps with contracts and leases. You can start free; see pricing. Our guide on checking an AI answer against the source walks through a lease example step by step.

Sources

• California Civil Code, section 1950.5 (security deposits) and section 1954 (landlord entry)
• New York State Attorney General, Residential tenants' rights guide
• Philippines, Republic Act No. 9653, Rent Control Act of 2009 (via the Lawphil Project)
• PRS Legislative Research, The Model Tenancy Act, 2021

This guide is general information, not legal advice. Tenancy law differs by state and country and changes over time: check with a local tenant service, housing agency or lawyer before you rely on a clause.