Your lease explained: what to check before you sign

Signing a lease is easy; understanding it takes more work. This guide is for anyone about to rent in the United States, or who already signed and wants to know what they agreed to. It covers which clauses to read, what some federal and state laws say, how a lease is renewed or ended, and where to get free help.

If the home was built before that year, you generally must get the lead disclosure before you sign

1978⁵

For a California landlord to give you a copy of the signed lease

15 days¹³

Of written notice to enter, in public housing

2 days¹⁰

To file a housing discrimination complaint with HUD

1 year⁹

What a lease is, and the two common kinds

A leaseleaseA lease, or rental agreement, is the contract in which the owner or landlord gives you the right to live in and use a property for a set period of time in exchange for payment, usually rent. While the lease lasts you have possession, but the landlord still owns the property. The lease says how much you pay and when, who handles maintenance and how the agreement can end. Your rights as a tenant are usually spelled out in the lease and in your state and local laws. Before complaining to the landlord, it helps to read the lease and make sure you are also following the rules you agreed to.See the full definitionClose, or rental agreement, is the contract between you, the tenant, and the owner or landlord. According to the CFPB (the federal consumer financial protection agency), you have local, state and federal rights as a renter, and your rights as a tenant are usually spelled out in your lease and in state or local laws.¹

The New York Attorney General’s guide explains it well. A lease holds the terms and conditions of the rental, and it cannot be changed while it is in effect unless both parties agree. At a minimum, it should identify the home, the names and addresses of the parties, the rent and its due dates, how long it lasts, the conditions of occupancy and each side’s rights and obligations. If you change something, you both initial it. For units that are not rent stabilized a lease can be oral, but a written one helps avoid disputes.¹⁴

There are two common kinds. New York’s rules serve as an example; your state’s may differ.

Fixed-term or month-to-month

Has an end date

Fixed-term lease

• You sign for a set term: the lease states how long it lasts.¹⁴
• If you move out before the term ends, you may face financial penalties.²
• In New York it cannot be changed while in effect unless both sides agree.¹⁴

No end date

Month-to-month

• In New York, a tenant who stays past the end of a lease becomes month-to-month if the landlord accepts the rent.¹⁴
• Either side can end it with notice; outside New York City, the tenant gives one month's notice.¹⁴
• In New York, the landlord needs your consent to raise the rent; if you do not agree, they can end the tenancy with notice.¹⁴

Check which one your lease is and how it ends: your rights are in the lease and in your state's law.¹

Either way, look for how it ends: whether it renews automatically, whether it rolls over to month-to-month and how much notice you must give to leave. Rent can also go up; the CFPB explains that prior notice is required and that how much notice varies by state and local laws.²

USAGov advises reading your lease carefully before seeking outside help and making sure you are following the rules you agreed to; your state’s tenant rights agency may have a tenant handbook.³ Find your state under Places.

The money: rent, fees, deposit and utilities

Before you sign, find these clauses:

Clause	What to check
Rent and due date	How much, which day, to whom and how. Ask for a receipt.
Late fees	How much and starting which day.
Security depositsecurity depositA security deposit is money you pay the landlord when you start renting as security that you will follow the lease: pay the rent and take care of the home. The money still belongs to you. The landlord holds it and, when you move out, must return it minus the charges the law allows, such as past-due rent or damage beyond normal wear and tear. You should not be charged for damage that was already there when you moved in. The maximum amount and the deadline to return it depend on your state's law and sometimes your city's.See the full definitionClose	How much and when it comes back.
Utilities	Which ones you pay and which ones the landlord pays.
Pets	Whether they are allowed and with what deposit.
Renters insurancerenters insuranceRenters insurance, also called tenants insurance, protects your belongings and protects you when you rent. The landlord's insurance covers the building, but not your furniture, clothes or electronics. It usually includes three coverages: your personal property, even if it is stolen away from home; additional living expenses if a covered loss forces you to move out for a while; and personal liability if someone is hurt in your home. A standard policy does not cover floods, which are insured separately. Some landlords require it.See the full definitionClose	Whether the lease requires it.

According to the CFPB, your landlord cannot demand fees, interest or other charges you did not agree to or that state or local law prohibits, and cannot fail to pay for utilities under their control.¹ Check what your monthly payment covers: water, sewer, garbage, internet, television and phone are generally not included.²

Some states limit late fees. In New York, for example, a payment only counts as late if it arrives more than five days after the due date, and the maximum fee is $50 or 5% of the monthly rent, whichever is less.¹⁴ There too, if you pay in cash, by money order or by cashier’s check, the landlord must give you a written receipt with the date, the amount, the period covered and the apartment number.¹⁴

On the deposit, the CFPB notes that a lower credit score may mean a higher deposit or a rejected application.² Whether there is a cap, and how quickly the deposit must come back, is up to your state’s law;¹ the security deposits guide explains more. With pets, the type and number are usually limited, and an extra deposit is often required.²

Is the rent you are being asked normal? Typical rent varies a lot from state to state. This table shows each state’s median according to the Census; your state’s and county’s pages have more detail.

Typical rent by state

State	Typical rent
Alabama	$1,007
Alaska	$1,419
Arizona	$1,543
Arkansas	$947
California	$2,036
Colorado	$1,761
Connecticut	$1,488
Delaware	$1,401
District of Columbia	$1,954
Florida	$1,669
Georgia	$1,393
Hawaii	$1,971
Idaho	$1,238
Illinois	$1,274
Indiana	$1,062
Iowa	$972
Kansas	$1,060
Kentucky	$967
Louisiana	$1,064
Maine	$1,139
Maryland	$1,705
Massachusetts	$1,762
Michigan	$1,129
Minnesota	$1,280
Mississippi	$954
Missouri	$1,033
Montana	$1,081
Nebraska	$1,072
Nevada	$1,597
New Hampshire	$1,491
New Jersey	$1,720
New Mexico	$1,067
New York	$1,621
North Carolina	$1,228
North Dakota	$954
Ohio	$1,034
Oklahoma	$1,014
Oregon	$1,525
Pennsylvania	$1,209
Puerto Rico	$578
Rhode Island	$1,342
South Carolina	$1,180
South Dakota	$946
Tennessee	$1,189
Texas	$1,403
Utah	$1,496
Vermont	$1,234
Virginia	$1,579
Washington	$1,760
West Virginia	$872
Wisconsin	$1,087
Wyoming	$992

This is each state's median gross rent (rent plus utilities); your city may differ. Source: Census Bureau (ACS)

The how much rent can I afford calculator helps you see whether it all fits your income.

The home: repairs, entry, occupants and subletting

• Repairs. Who fixes what and how to ask (in writing is best). According to the CFPB, renters do not pay for most regular maintenance and repair costs,² and the landlord cannot refuse to make necessary repairs or endanger your health and safety.¹
• Landlord entry. When the landlord may come in and with how much notice. In private housing, your lease and your state’s law decide. In public housing, federal regulation treats a written notice stating the purpose, delivered at least two days ahead, as reasonable notice, and the agency may enter without notice when there is reasonable cause to believe there is an emergency.¹⁰
• Occupants and guests. Who may live there and how long a guest may stay. The Fair Housing Act does not prevent reasonable local, state or federal limits on the maximum number of occupants,⁸ but a landlord generally cannot set different rules for you because you have children or are pregnant.¹
• SublettingsubletTo sublet, or sublease, is to rent all or part of the home you rent to another person, for a shorter time than your own lease. It is a new contract between you and that person: you become their landlord, but the owner has no contract with them. You remain responsible to the owner for meeting your lease. The owner can forbid subletting, although some places allow it in certain cases despite that ban. In public housing, the federal rule requires the lease to prohibit subletting.See the full definitionClose. Whether you may rent part or all of the home to someone else. In public housing, the tenant agrees not to sublease.¹⁰ If your lease is not clear, ask in writing first.

Inspect the home when you move in. Do a move-in inspectionmove-in inspectionA move-in inspection is the walk-through of the home done before you move in to record in writing the condition of the unit and the equipment that comes with it. In public housing, the federal rule requires the agency and the tenant to inspect it together and sign a statement of its condition. Another inspection is done when you move out. The difference between the condition at move-in and at move-out is the basis for any charge against your deposit, if the damage goes beyond normal wear and tear. That record helps keep you from being charged for damage that was already there.See the full definitionClose: walk through every room with the landlord, write down what is already broken and take dated photos. In public housing it is part of the lease: the agency and the tenant inspect the unit before move-in and sign a written statement of its condition.¹⁰

If HUD manages the property where you live, USAGov points to HUD’s Multifamily Housing Complaint Line: 1-800-685-8470 (press 5 for Spanish).⁴

A copy, in a language you understand

Keep a signed copy of the lease, on paper and as a photo. Some states have rules about the copy and the language. California is one example; other states have different rules.

• The copy. In California, the owner (or whoever signs for the owner) must give you a copy within 15 days after you sign, and another once a year if you ask. The lease must also say whom you pay rent to, with name, phone number and address.¹³
• The language. If the landlord negotiates primarily in Spanish, Chinese, Tagalog, Vietnamese or Korean, orally or in writing, California law requires them to give you, before you sign, a translation with every term and condition. It covers residential leases longer than one month, and not cases where you negotiated through your own interpreter (an adult fluent in both languages who does not work for the landlord). The English lease is the one that sets your rights, but if the landlord does not comply, you may rescind (cancel) the lease. This protection cannot be waived.¹²
• Plain words. In New York, a lease must use words with common, everyday meanings and be clear.¹⁴

If the home was built before 1978, the lead attachment is in the language of the lease, for example English or Spanish.⁶

If the home was built before 1978: the lead disclosure

Lead from paint, paint chips and dust can pose health hazards if not managed properly, especially for young children and pregnant women.⁶ The federal disclosure rule applies to most housing built before 1978. According to the EPA, before you sign, the landlord or property manager must:⁵

1. Give you the pamphlet Protect Your Family From Lead in Your Home, available in multiple languages.
2. Disclose any known information about lead-based paint or its hazards in the home or building.
3. Give you all available records and reports.
4. Include a Lead Warning Statement in the language of the lease. That attachment carries your signature confirming you received the information and the pamphlet.⁶

The rule does not apply, for example, to zero-bedroom units or to housing specifically for older adults or people with disabilities (unless a child under six lives or is expected to live there), to leases of 100 days or less with no renewal, or to homes a certified inspector found free of lead-based paint.⁵

The rule does not require the landlord to get an inspection, but you can ask them to get one from a certified inspector before you sign. If you did not receive the disclosure, the EPA asks you to report it at epa.gov/lead/violation.⁵

Renewing or ending the lease

How a lease renews and how it ends are set by the lease and your state’s law.¹ The CFPB warns that if you move out before the term ends, you may face financial penalties.² In New York, for example, the landlord of a non-regulated apartment does not have to renew, and the Attorney General explains which notices you must receive:

The end of the lease, step by step

1. 1. Find the end date and the renewal clause

   When you sign

   Write down when it ends, whether it renews automatically and how much notice it requires for you to leave.¹

2. 2. If it renews automatically, expect the landlord's reminder

   15 to 30 days before your date to give notice (New York)

   In New York, the landlord must remind you of the automatic renewal clause before the date you have to tell them you will not renew.¹⁴

3. 3. If the landlord will not renew or raises rent more than 5%

   30, 60 or 90 days ahead, depending on how long you have lived there (New York)

   They must tell you in writing: 90 days if you have lived there two years or more, 60 if more than one, 30 if less.¹⁴

4. 4. If you stay without a new lease

   When the term ends

   In New York you become a month-to-month tenant if the landlord accepts your rent; outside New York City, you give one month's notice to leave.¹⁴

5. 5. If you leave, hand the home back with proof

   The day you move out

   Take dated photos, give your new address in writing and read the deposit guide to get it back.

A notice ending the tenancy is not an eviction order: in New York, the Attorney General notes that such a notice does not automatically allow the landlord to evict.¹⁴ Already received a notice to leave? Read What to do if you get an eviction notice and use the eviction timeline tool.

What a lease cannot take away

Signing does not mean accepting anything. According to the CFPB, the landlord cannot force you out by changing the locks without a court order, which is called an illegal lockoutillegal lockoutAn illegal lockout happens when the landlord shuts you out of your home by changing the locks without a court order. A landlord cannot force you out that way, or pressure you by cutting off utilities under the landlord's control. To evict you, the landlord must follow the legal process: written notice, a court case and a judge's order. Most states prohibit removing or shutting out a tenant without a court order. Depending on your state's law, you may be able to get back into the home, end the lease or recover damages.See the full definitionClose.¹

The Fair Housing ActFair Housing ActThe Fair Housing Act is the federal law that makes it illegal to refuse to sell or rent a dwelling, or to discriminate in its terms, because of race, color, religion, sex, familial status (having children), national origin or disability. It applies to landlords, real estate agents and managers, and also to banks and lenders when their practices make housing or credit unavailable for those reasons. National origin covers your language and the country you come from, regardless of immigration status. If you believe you were discriminated against, you can file a complaint with HUD at no cost; many states add protections.See the full definitionClose prohibits discrimination in the terms or conditions of a rental because of race, color, religion, sex, familial status, national origin or disability, and publishing notices that show a preference on those grounds.⁷ According to the CFPB, a landlord generally also cannot sexually harass you, refuse to rent to you, evict you or set different rules for you on those grounds. National origin includes your country of origin or ancestry; familial status includes pregnancy and families with children. If you or your landlord receive federal housing assistance, you are also protected based on age.¹

If you have a disability, refusing reasonable accommodations in the rules when you need them to use the home on equal terms is also discrimination, as is refusing reasonable modifications that you pay for.⁷ According to the CFPB, those accommodations include service and emotional support animals.² A complaint to HUD must be filed no later than one year after the practice occurred or ended.⁹

Some states also ban certain clauses. In New York, a lease cannot release the landlord from liability for damage caused by their negligence, make you waive a jury trial in those suits, require you to pledge your furniture as security, waive the warranty of habitability or stop you from living with your immediate family. And if the lease lets the landlord collect attorney’s fees from you, you have the same right.¹⁴

If this is you

You live with your children or are expecting a baby

A landlord generally cannot set different rules for you because of that.¹ Reasonable limits on the number of occupants can apply.⁸

You or a family member has a disability

You can ask for reasonable accommodations in the rules, including service and emotional support animals.²

You negotiated in Spanish

In California, the landlord must give you a translation of the lease before you sign.¹² In other states, ask for time to read it with someone you trust.

You live in public housing

Federal regulation bars clauses such as waiving a jury trial or paying the landlord's legal costs even if you win.¹¹

Costly mistakes

• Mistake: Signing the same day you get the lease, without reading the attachments.

  Instead: Ask for it ahead of time and read it calmly: your rights are in the lease and in your state's law.¹

• Mistake: Accepting fees that are not in the lease.

  Instead: The landlord cannot demand charges you did not agree to or that the law prohibits.¹

• Mistake: Signing without the lead disclosure in a home built before 1978.

  Instead: Ask for the pamphlet and attachment before you sign; if you did not get them, report it to the EPA.⁵

• Mistake: Paying rent in cash without a receipt.

  Instead: Ask for a receipt for every payment; in New York, the landlord is required to give one.¹⁴

• Mistake: Missing the date to say you will not renew.

  Instead: Read the renewal clause when you sign and put the date on your calendar.¹⁴

• Mistake: Subletting a room without asking.

  Instead: Check what your lease says and ask in writing; in public housing, the tenant agrees not to sublease.¹⁰

What to do this week

1. Ask for the full lease, with every attachment, before signing day.¹
2. Mark the rent and due date, fees, deposit, utilities, repairs, entry, occupants, subletting and how the lease ends.²
3. If the home was built before 1978, ask for the lead pamphlet and attachment before you sign.⁵
4. On move-in day, do the inspection with photos and keep a signed copy of the lease.¹⁰
5. If something is unclear or seems unfair, get free help from a legal aid office or a HUD-approved housing counselor (links at the end).