To make your own lease agreement, write a document that names the landlord and every adult tenant, describes the property, sets the term and rent, spells out the practical rules of the tenancy, includes the disclosures federal law requires, leaves out clauses courts won’t enforce, and is signed and dated by everyone. The rest is detail. Most DIY landlords handle the basics without trouble; where they get into expensive problems is the required disclosures, the security deposit rules, and the unenforceable provisions they didn’t know to avoid.
Gather Your Information First
Before you open a document, collect what you’ll be writing down. You need the full legal name of every adult who will sign, your own legal name or the name of the entity that owns the property, and the property’s complete address including any unit number. A federal sample lease shows the pattern: landlord name, tenant name, and unit address all appear in the opening paragraph before any terms are discussed.1Consumer.gov. Sample Rental Agreement
Pin down the numbers too: monthly rent, the day it is due, the security deposit amount, and any recurring charges like pet or parking fees. Decide who pays each utility, how long the lease will run, and whether it is fixed-term or month-to-month. Settling these upfront keeps vague placeholder language out of the draft, which is where many disputes start.
The Core Terms Every Lease Needs
A lease without these is either unenforceable or so ambiguous a court will have to guess what you meant.
Parties and Property
Name every adult tenant who will live in the unit. Someone who lives there without being on the lease is hard to hold accountable for rent or damage. On the landlord side, list the legal owner or management entity and a mailing address for formal notices. Follow with a precise description of the property: street address, unit number, and whether specific storage spaces, parking spots, or common areas are included.
Term
Specify whether the agreement runs for a fixed period or renews month-to-month, and include exact start and end dates for a fixed term.1Consumer.gov. Sample Rental Agreement Say what happens if neither side acts at the end: most fixed-term leases convert to month-to-month unless somebody gives written notice. Define the notice required to end a month-to-month arrangement. Thirty days is a common baseline, though some jurisdictions require longer notice for tenancies that have lasted more than a year.
Rent and Payment
Spell out the exact monthly rent, the due date, acceptable payment methods, and where payment should be sent or delivered.1Consumer.gov. Sample Rental Agreement If you accept electronic transfers, name the platform. Ambiguity about how to pay rent is a common source of early conflict.
Joint and Several Liability
When two or more tenants sign one lease, add a joint and several liability clause. Each tenant becomes individually responsible for the full rent and all damages, not just their share. If a roommate stops paying or moves out, the remaining tenants owe the whole balance. Without this language, collecting from one defaulting co-tenant gets complicated fast.
Signatures
Every adult tenant and the landlord (or an authorized representative) must sign and date. An unsigned lease is a set of suggestions. Each party should receive a complete signed copy immediately after execution.
Protective Clauses Worth Adding
The core terms make the lease enforceable. The clauses below make it workable.
Late Fees
State the grace period after the due date, the dollar amount or percentage charged, and whether the fee compounds. Many states cap late fees at a percentage of the monthly rent, commonly around 5 percent, or require a grace period of three to five days before any fee can be assessed. An unreasonably high late fee risks a court striking the clause entirely, so keep it proportional to the actual cost of processing a late payment. Add a separate fee for returned checks or failed electronic payments.
Maintenance and Repairs
Assign responsibility by category. Landlords generally handle structural issues, plumbing, heating, and anything affecting habitability. Tenants typically handle minor upkeep like light bulbs and air filters. Say how tenants should report problems (in writing is best) and set an expected response time for urgent repairs. Skip vague promises to “maintain the premises in good condition” without defining what that means.
Utilities
List every utility by name and state who pays. If utilities are included in rent, say so explicitly. If the tenant is responsible, specify whether they must put accounts in their own name and by when after move-in. A couple of clear sentences here prevents a disproportionate share of landlord-tenant complaints.
Pet Policy
If you allow pets, specify any size or breed restrictions, the number permitted, and whether you charge a pet deposit, a monthly pet fee, or both. If you prohibit pets, say so. Silence creates an argument either way. Where pets are allowed, requiring renters insurance with pet liability coverage is a practical safeguard.
Right of Entry
Explain when and how you can enter. Most states require landlords to give advance written notice, typically 24 to 48 hours, before entering for non-emergency reasons like inspections or repairs. Emergency entry, such as a burst pipe or fire, generally does not require advance notice. Writing this into the lease sets expectations early.2Justia. When Landlords Have a Legal Right of Entry to Rental Units
Subletting and Assignment
Decide whether tenants can transfer their lease to someone else, either by subletting part of the term or assigning the whole thing. If you want to prohibit it, say so. If you allow it with written approval, say that. One detail many DIY leases miss: even after an assignment, the original tenant often remains liable for rent and damages unless you specifically release them in writing. Address this in the lease so a tenant can’t walk away just by finding a replacement.
Renters Insurance
Requiring renters insurance is legal in most states and increasingly common. A standard policy covers the tenant’s personal property and includes liability coverage that protects both the tenant and, indirectly, the landlord. If a guest is injured in the unit or a tenant causes a fire that damages neighboring units, the tenant’s policy responds first. Specify a minimum coverage amount, require the tenant to name you as an interested party, and ask for proof at move-in and renewal.
Default and Termination
Outline what counts as a lease violation, how many days the tenant has to fix the problem after written notice, and what happens if they don’t. Common defaults include nonpayment of rent, unauthorized occupants, illegal activity, and material damage. Address early termination too: whether you charge a fee, require the tenant to find a replacement, or both. State eviction law governs the actual process and lease language can’t override it, but your lease should describe what you’ll do up to that point.
Federal Disclosures You Have to Include
Two federal obligations apply to every residential lease in the country, regardless of state.
Lead-Based Paint
If the property was built before 1978, you must disclose any known lead-based paint or lead hazards before the tenant signs.3Office of the Law Revision Counsel. United States Code Title 42 – 4852d Disclosure of Information Concerning Lead Upon Transfer of Residential Property The requirements are specific: give the tenant the EPA pamphlet “Protect Your Family From Lead in Your Home,” share any inspection reports or records you have, and include a lead warning statement either in the lease or as an attachment.4U.S. Environmental Protection Agency. Real Estate Disclosures about Potential Lead Hazards The tenant signs the disclosure confirming they received everything, and you keep that signed copy for at least three years from the start of the lease.5eCFR. 24 CFR Part 35 Subpart A – Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property Penalties for knowingly skipping the disclosure include fines of over $22,000 per violation and potential liability for up to three times the tenant’s actual damages.6eCFR. 24 CFR 30.65 – Failure to Disclose Lead-Based Paint Hazards Short-term rentals of 100 days or less and housing built after 1977 are exempt.
Fair Housing
The Fair Housing Act prohibits discrimination in any term, condition, or privilege of a rental because of race, color, religion, sex, national origin, familial status, or disability.7Office of the Law Revision Counsel. United States Code Title 42 – 3604 Discrimination in the Sale or Rental of Housing Your lease cannot include provisions that treat tenants differently based on those characteristics. Rules that single out families with children, impose different security deposits based on national origin, or restrict reasonable modifications for tenants with disabilities all violate federal law.
A common DIY mistake is occupancy limits, guest policies, or pet rules that fall harder on families or people with disabilities. An occupancy cap of “no more than two people” in a two-bedroom apartment effectively excludes most families. Service animal and emotional support animal rules override any no-pet clause. Apply every lease term uniformly, and review your draft with the protected classes in mind before anyone signs.
Security Deposit Terms
Security deposits are the most heavily regulated piece of the landlord-tenant relationship, and the rules vary enormously by state. Getting this part wrong is the fastest way to turn a straightforward tenancy into a legal headache.
About half of states cap the amount, most commonly at one to two months’ rent. The other half impose no statutory maximum but may allow courts to scrutinize a deposit that looks unreasonable. Beyond the amount, many states require landlords to hold deposits in a separate bank account, and roughly ten jurisdictions require interest on the deposit. The lease should state the deposit amount, identify where the deposit will be held, and describe the conditions under which deductions will be made.
Return deadlines after a tenant moves out range from 14 to 60 days depending on the state. Your lease can restate the applicable deadline but cannot shorten the tenant’s rights. If you deduct, most states require an itemized list of damages with the remaining balance. Explain that process in the lease. The more specific you are about what counts as deductible damage versus normal wear and tear, the fewer disputes you’ll face.
Clauses to Leave Out
A clause doesn’t become enforceable just because both parties signed it. Certain provisions are void as a matter of law, and including them can undermine your credibility with a judge even on the valid parts of the lease.
- Waivers of habitability. You cannot shift the basic obligation to keep the property safe and livable onto the tenant. “As-is” language or clauses requiring tenants to waive their right to repairs are unenforceable in the vast majority of jurisdictions.
- Excessive or mislabeled deposits. Charging more than the state cap, or labeling a deposit “nonrefundable” when state law doesn’t allow that, makes the entire deposit clause vulnerable.
- Waivers of the right to sue. Clauses that bar tenants from legal action, or that force tenants to pay all attorney fees regardless of who prevails, are generally unenforceable.
- Unreasonable late fees. A late fee bearing no relationship to the landlord’s actual cost of a late payment may be struck as a penalty. Courts look at whether the amount is proportional, not just whether the tenant agreed.
- Restrictions on emergency calls. Any provision discouraging or penalizing a tenant for calling 911 or other emergency services is illegal in every state that has addressed the question.
- Discriminatory restrictions. Lease terms that violate the Fair Housing Act are void.
Safe rule: if a clause limits a right the tenant would otherwise have under state or federal law, confirm the right can be waived by contract before you include it. If you can’t find a clear answer, leave the clause out. A shorter lease that holds up entirely is worth more than a long one that falls apart at the first challenge.
Move-In and Move-Out Documentation
The move-in inspection checklist may be the single most valuable document a landlord creates outside the lease itself. Walk the property with the tenant before move-in, note every existing scratch, stain, and defect, and have both parties sign.8U.S. Department of Housing and Urban Development. Appendix 5 – Move-In/Move-Out Inspection Form This becomes your baseline when the tenant moves out and you need to separate their damage from pre-existing conditions.
Repeat the process at move-out. Take date-stamped photos at both inspections. Some states require landlords to offer a pre-move-out walkthrough so the tenant has a chance to fix problems before the final inspection; even where it isn’t required, doing it voluntarily reduces disputes and shows good faith in small claims court. Reference the inspection process in the lease and state that tenants are expected to participate.
Signing and Keeping Records
Before anyone picks up a pen, every party should read the entire document. The most common source of post-signing disputes is a tenant who didn’t realize what they agreed to or a landlord who put contradictory terms in different sections. Read it aloud if that helps you catch awkward phrasing or gaps.
All parties sign and date every copy. If the lease includes attachments like a lead paint disclosure, a move-in checklist, or a pet addendum, sign those separately as well. Notarization is not required for residential leases in most states, though having signatures witnessed can help if a party later claims they never signed. A few states require notarization for leases longer than one year to be recorded, though recording a residential lease is uncommon.
Give each tenant a complete copy of the lease and all attachments after signing. Keep the original for at least the duration of the tenancy and any applicable statute of limitations afterward. For properties requiring lead paint disclosures, federal law requires you to keep that signed disclosure for a minimum of three years.5eCFR. 24 CFR Part 35 Subpart A – Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property Keeping everything for at least five years is a reasonable habit that costs nothing and prevents scrambling if a dispute surfaces years later.