Rental and Lease Agreement Templates

A lease agreement is a contract between the landlord and the tenant. It defines the terms under which the tenant can use a certain property. On the other side, it provides the amount of rent the tenant should pay. 

Although many people use the terms “rental agreement” and “lease agreement” as synonyms, they are different. Open Access Government points out that the key difference is in the length of the contractual obligation.

A lease agreement is more suitable for a yearly commitment. A rental agreement renews every month, and each side can change or terminate it. 

In this article, we covered the basic differences, and we will help you find the exact type of lease agreement you need!

So, let’s get straight to it!

Lease Agreements By Type

When choosing the right type of lease agreement, ask yourself the following questions:

Depending on how you answered these questions, you might need a different type of lease agreement.

Residential Lease Agreement Forms [for Landlords]

Standard Lease Agreement

Are you planning to lease your property for a fixed period of one year or longer? So do most of the landlords. This is the most common type of lease agreement. It is suitable for a long-term property lease with fixed terms and a fixed duration of lease.

Month-to-month lease agreement

As we already mentioned, this type of agreement is also called a rental agreement. 

Unlike the standard lease agreement, this type is more suitable for a short-term lease. Therefore, you can use it if you want to rent out your property for a period shorter than one year. Also, this agreement will enable you to change or terminate the lease agreement each month. 

Vacation Lease Agreement

This type of agreement can also fit under the rental agreement category. But unlike month-to-month rental agreements, this type is best for vacation visits. Vacation visits are usually one-off visits, with guests staying no more than a few days. They often have more detailed provisions about the rental rules and restrictions.

Sublease Agreement Forms [for Tenants]

Sublease agreements are usually drafted in case the tenant wants to leave the property before the lease period is over. In that case, the tenant finds a third party that is willing to take over the property as a tenant. The contract that is then signed between the old and new tenants is the sublease agreement. 

If you are a first tenant, ensure the lease agreement allows the sublease of the property. Most of the lease agreements would require at least approval from the landlord in the case of a sublease. So make sure you do your due diligence on that. 

There is another difference you should be aware of before choosing the right sublease agreement form. That is the difference between the sublease and the sublet.

Sublease Agreement

In the case of a sublease, the new tenant replaces the old tenant as the contractual party. From that moment on, the old tenant has no responsibility for the property.

Sublet Agreement

In the case of a sublet, the old tenant remains responsible for the property owner until the main lease agreement is over. So there is a main lease agreement between the landlord and the old tenant and a sublease agreement between the old and new tenants. The new tenant will be responsible for the old tenant, while the old tenant will be responsible for the landlord.

Commercial / Other Lease Agreement Forms

Besides the residential lease agreements, there are many other forms of lease agreements, mostly categorized according to the type of property that is being leased and the purpose of the lease.

Commercial Lease Agreement

If you are leasing office space, you should have a commercial lease agreement. Lessors also use it for any other property rented out to businesses. It can be anything from a shop or a restaurant to an industrial complex. Compared to a residential lease agreement, it has fewer tenant protection clauses. 

Land Lease Agreement

Most of the landowners choose this type of lease agreement. It is suitable for different kinds of land leases, depending on the purpose you will be using the land for. 

Agricultural land leasing is the most common purpose. It is usually a long-term type of lease. Investopedia claims that these agreements are usually signed for a 50 to 99-year period. 

Yet, long-term land leases are not always the case. Short-term land lease agreements are popular among mobile homeowners. However, the nature of their living habits makes leasing more suitable than buying the land. These agreements are a blend between a residential and a land rental agreement. 

Rent-To-Own Lease Agreement

The main feature of this type of agreement is that it enables the tenant to buy the property after the lease is over. The tenant can then buy the property without paying the full amount up front. 

On the other side, the landlord is often in the position of a creditor. Usually, it is benefits landlords offer to tenants, depending on the situation on the market. 

Lease Agreements by State

How to Fill Out a Lease / Rental Agreement (Step-by-Step)

If you choose to download the lease agreement template, you will still have to fill out the details about the contractual parties, the leased property, and other details specific to your lease agreement. Follow this simple step-by-step guide, to make sure you don’t miss any of the sections. 

#1. Name the Parties

One of the essential terms in the lease agreement is to name the parties. 

Under the “Landlord” section, enter their full name and address. If the landlord is a company, enter their business name and address.

After that, enter the same details in the “Tenant” section.

#2. Describe the Property

After defining who is leasing the property to whom, it is necessary to determine the object of the lease. Then, define that under the section “Premises” and enter the address and type of the property. 

#3. Define the Lease Duration

You can define the lease duration as the period of time from the moment of signing the lease agreement (e.g., one year). Another way is to enter the exact start and end dates of the lease (e.g., from the 1st of January until the 31st of December). 

Another option is to rent the property on a month-to-month basis. In this case, you will only enter the start date of the lease.

#4. Enter the Rent Amount

This clause is one of the most important elements of the lease agreement. It is about the rental amount and the due date of the payment. Remember to include the form of payment and to define if the rent amount includes utilities.

#5. Enter the amount of the Security Deposit

This provision will protect the landlord in case the property gets damaged. Besides the deposit amount, you should also define what kind of damage allows the landlord to keep the deposit. Lastly, define when the deposit is returned if there is no damage done to the property. 

Remember to pay attention to the state-specific regulations since each state defines the deposit amount, how the landlord can use the deposit, where to save it, and when to return it. 

#6. Provide a Late Fee and Utilities Policy.

In the “Utilities” section, you can define if the tenant has to pay any additional fees for the late rent payment. Determine the day of the month after which the tenant has to pay the late fee. Also, indicate if the late fee will be a fixed amount or a percentage of the rent amount.

It is also necessary to list all the utilities that must be covered during the lease period. Apart from that, specify which utilities are covered by the landlord and which ones by the tenant. 

#7. Define Landlords and Tenants Rights and Duties

This section should include all the other clauses regulating landlord-tenant relationships. It contains house rules, property maintenance rules, etc. The parties can enter any provision they consider necessary for the particular lease. 

Here you can also define the rules for the repairs. For example, define what kinds of repairs are the responsibility of the tenant and which ones are the responsibility of the landlord.

Most rental lease agreements also include a military clause. This means the tenant can end the lease early if they are called up to serve in the U.S. military.

Another optional clause is about smoking and pets. The landlord can specify if pets or smoking are allowed or prohibited at the property.

#8. Provide Subletting and Subleasing Option

Here, you can specify whether the tenant can sublet or sublease a portion of the property or the entire property. If you allow the sublet or sublease, ensure that the landlord's written consent is required.

#9. Provide the Lease Termination Clauses

In this section, we should define the circumstances under which the parties can end the lease. Usually, the parties define a list of reasons for the lease termination. Others provide that they can end the lease without any reason as long as they send a notice in advance. In that case, they only define how far in advance they should send the notice to the other party.

#10. Provide the Governing Law and Dispute Settlement Clauses

Parties will refer to this section only in case something goes wrong. Still, it is better to be safe than sorry. 

Here, you want to figure out the best way to settle a possible dispute, such as through arbitration or court. Also, by determining the governing law, parties will know which law will regulate the matters that are not covered by the lease agreement.

#11. Provide Miscellaneous Clauses if Needed

Here you can enter any provisions or clauses that aren’t provided in the lease agreement template. 

How to Lease a Residential Property [Step by Step]

Here you will find all the steps you need to take before the lease even starts, as well as the steps that need to be taken after the lease is over

Step #1. Show the Property to Potential Tenants

Showing the property to potential tenants is almost always the first step before leasing it. A property owner is usually the one showing the property to potential tenants. This step can often be very time-consuming for property owners, so many hire an agent or a property manager. 

Step #2. Start the Application Process With the Shortlisted Tenant

Once the price negotiations between the landlord and tenant are over, step two begins. The tenant then starts the application process by filling out the rental application form. In the form, tenants will fill out the necessary information:

These details will help the landlord determine if the potential tenant is suitable. For example, the tenant will usually have to pay a certain fee for the application's processing. 

Step #3. Sign the Lease Agreement

Once you've made sure the tenant is suitable, it’s time to sign the lease agreement. Ensure your lease agreement has all the important clauses listed in the last section. It’s always good to go through all the terms with your tenant. This way, you will make sure both parties understand their rights and duties.

Step #4. Do a Rental Inspection With the Tenant 

This step is usually done before the tenant moves into the property. Here, you will physically check the property to make sure everything is working, clean, and in good shape. 

If everything is in order, you may sign the handover report with the tenant. The report will have a short description of the property and a list of the items in it. 

Step #5. Collect the Rent and Deposit

After doing all the paperwork, it’s time to complete the process by giving the keys to the tenant and collecting the first month's rent and deposit. Some landlords will have only one general deposit that will serve as general security. Others might have a special deposit for utilities and a pet deposit, if applicable. 

Step #6. Manage the Leased Property

As a landlord, you will have to::

It seems like a lot, right? You may choose to take care of it on your own or hire a property manager. 

Common Lease Agreement Disclosures and Addendums

Every lease agreement is different, taking into account the characteristics of each property and different state laws. Therefore, you will need to include additional disclosures and addenda to cover all the possibilities during the lease. 

Below you can find the most commonly used addenda and disclosures and download them as an MS Word or PDF file.

Landlord and Tenant Laws by State

Federal law provides the most general rules about tenants' and landlords' rights and responsibilities. However, every state has specific laws regulating property leases. In the table below, you can find the detailed rules that apply in your state.

Advance Notice Requirements By State

Most states require the landlord to notify the tenant before visiting the leased property. This kind of regulation protects tenants' rights to privacy and defines when the landlord can visit the property. 

When it comes to how many days in advance the landlord must send the notice before accessing the property, the rules are different in every state. See the table below to find out what rules apply in your state:

Security Deposit Laws

Most of the state laws will regulate security deposits in terms of:

On the other hand, landlords can use a security deposit for covering:

Regulations about the maximum amount of the security deposit and the deadline for returning it to the tenant are very different from state to state. Check the table below to see what rules apply in your state:

Eviction Laws By State

Most state laws protect the tenant in the event of an eviction. Protection is usually provided if:

Each state provides different deadlines for notice and eviction. In the table below, you can find which deadlines, if any, apply in your state:

Rental/Lease Agreement Glossary

Lease agreements can be pretty confusing sometimes. 

In the list below, you can find some of the most commonly used terminology that will help you better understand your property lease agreement.

Lease Agreement Frequently Asked Questions