Simple Rental Agreement Draft
How it works
A rental agreement (lease) formalizes the landlord-tenant relationship by documenting rent, term, security deposit, and rules for occupancy. The Simple Rental Agreement Draft generates a month-to-month or fixed-term residential lease template covering the core provisions required in most US jurisdictions.
**Fixed-term vs. month-to-month** A fixed-term lease (typically 12 months) cannot be terminated early without cause or mutual agreement — landlord cannot raise rent mid-term. A month-to-month tenancy requires only the state-required notice period (usually 30 days) to terminate but allows rent increases with notice. For landlords wanting stability: fixed-term. For tenants wanting flexibility: month-to-month.
**Required provisions** Every residential lease should address: names of all tenants; property address; lease term and start date; monthly rent amount, due date, and accepted payment methods; late fee amount and grace period; security deposit amount, conditions for deduction, and return timeline; maintenance responsibilities; pet policy; smoking policy; early termination terms; notice requirements.
**State-specific mandatory disclosures** Many states require specific disclosures in leases: California requires an EPA lead paint disclosure for pre-1978 housing, a mold and pest inspection disclosure, and others. New York requires a Housing Rights Notice. Failure to include required disclosures can invalidate certain lease terms or create landlord liability.
**Security deposit limits** State law limits security deposits: California (2 months unfurnished), New York (1 month since 2019 HSTPA), Texas (no statutory limit). Exceeding statutory limits exposes landlords to penalties of 2–3x the excess amount.
This tool generates a starting draft. Consult your state's landlord-tenant statutes and consider review by a licensed attorney before execution.
Frequently Asked Questions
- Essential clauses: names of all tenants, property address, lease term (start/end dates or month-to-month), rent amount and due date, grace period and late fee, security deposit amount and conditions for return, rules on guests, pets, smoking, and alterations, utilities responsibility (which party pays what), entry notice requirements (typically 24–48 hours), and termination/notice requirements. Missing any of these creates ambiguity that can lead to disputes.
- In most US states, landlords must give 24–48 hours advance notice before entering (except emergencies). California requires 24 hours written notice. Emergency entry (fire, flooding, gas leak) is permitted without notice. Lease clauses cannot waive this tenant right in most jurisdictions — a lease saying 'landlord may enter at any time' is typically unenforceable. Always include the required notice period in the lease.
- A lease is a fixed-term contract (commonly 12 months) — neither party can change terms or terminate early without penalty. A rental agreement is typically month-to-month — either party can terminate with proper notice (usually 30 days). Leases provide stability for both parties; rental agreements offer flexibility. Month-to-month agreements allow rent increases with notice; fixed leases lock in rent for the term.
- Most states require: holding deposits in a separate account (not commingling with personal funds), providing a written receipt, returning the deposit within a statutory period after move-out (14–30 days depending on state), and providing an itemized written statement of any deductions. Deductions are limited to unpaid rent and damages beyond normal wear and tear. Failing to follow deposit rules can result in the landlord owing the tenant 2–3× the deposit amount in penalties.