Common use of Limits on Occupation Clause in Contracts

Limits on Occupation. Having this outlined in the agreement guarantees a landlord’s right to determine who should be occupying the dwelling unit. If a person’s name is not on the agreement, it could potentially be grounds for eviction. Type of Tenancy – The agreement should clearly state what type of tenancy arrangement a landlord will have with the tenant (e.g., month-to-month, fixed term, etc.). Include the start date, tenancy length and expiration date (if there is one). Payment of Rent – Details of how the rent should be paid (i.e., mailing a check, paying online, etc.), acceptable payment methods, the amount of rent owed, the date the rent is due (i.e., the first of every month) should all be explained in the agreement. If a landlord is charging a late fee or charging for a bounced check, this should be outlined in the lease or rental agreement. Deposits and Fees – To avoid any confusion or conflict, it is recommended to describe how the security deposit will be used (i.e., damages), the amount of the security deposit being collected, how the security deposit will be returned and depending on state laws, where the security deposit will be held and if any interested will be paid to the tenant. Any non-refundable fees should be clearly stated such as a pet deposit or cleaning fee. Repairs and Maintenance – The agreement should clearly layout the landlord and tenant’s responsibilities to maintain the dwelling unit (i.e., keep the premises clean, changing the batteries in a smoke detector, maintaining the yard, etc.). This should also outline any restrictions imposed on tenant’s making repairs to the dwelling unit. Landlord’s Access to the Property – To avoid any discrepancies regarding a landlord’s right to access the premises and to avoid any privacy issues, it must be clarified in the lease agreement of how much notice must be provided to the tenant. A landlord may access the property to make necessary repairs or in some states to show the unit to potential renters. Rules and Policies – Important rules, regulations, and policies (i.e., smoking restrictions, rent control ordinances, health/safety codes, prohibiting illegal activity, or permitting pets, etc.) should be outlined in the agreement. This helps limit a landlord’s liability. Disclosures – Depending on the state, federal, state or local laws might require landlords to disclose information in the agreement. State Lease Agreement Laws After a lease agreement is signed by both parties, the landlord may be required by state law to provide a copy of the rental agreement upon request. Below are some examples of state requirements for providing copies to tenants. State Requirement California Within 15 Days of Execution Delaware Upon Execution Hawaii Provide a Copy Kansas Provide a Signed Copy New Mexico Prior to Move-In New York Within 30 Days of Signing Tennessee Provide a Copy for All Lease Terms 3 Years or Longer Utah Upon Execution Oregon Provide a Copy and All Amendments/Additions Washington Distribute an Executed Copy to Every Tenant Who Signs the Agreement Wisconsin At the Time of the Agreement Required Disclosures and Addendums Required disclosures and addendums vary by state. Disclosures may be made in the lease or rental agreement and addendums may be attached separately to the lease or rental agreement. Below are the most common required disclosures. Lead-Based Paint – It is a federal law that landlords provide notice of the potential risks of lead-based paint in homes built prior to 1978 with a specific disclosure form and pamphlet in addition to any known hazards in the building. Asbestos – Informs tenants if there is asbestos at the property so that a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. This disclosure is required for properties build before 1981. Bed Bugs – For rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord. Landlord’s Name & Address -Landlords or any individual authorized to manage the rental property must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered. Mold Disclosure– Informing the tenant of the current mold status of a property to protect against future liability of mold damages which might be caused by a tenant’s negligence during the lease term. Shared Utilities Arrangements – For rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month. Move-in Checklist – An itemized list of damages to the property before the tenant moves in will clarify that the tenant is responsible for any serious damages that occur during the lease term. Refundable/Non-Refundable Fees- If nonrefundable fees are charged, such as a pet fees or other one-time expenses like access to amenities, they must be stated as “nonrefundable” in the lease. Otherwise, they may be subject to a refund upon termination of the lease. Smoking – It is recommended to state where smoking or medical marijuana use is and isn’t allowed on the property so that expectations are clear. Late and Returned Check Fees – Landlords are recommended to disclose any late fees or returned (bounced) check fees that they intend to charge. Some states limit how high these fees can be and should reflect the actual expenses incurred by the landlord because of a late payment. Illegal Clauses It is unlawful for a landlord to require a tenant to waive any of their rights or place discriminatory conditions in a lease or rental agreement. Illegal provisions may result in the landlord being liable for damages. Here are a few examples of illegal provisions: Warranty of Habitability – Every state (except for Arkansas) has an implied warranty of habitability meaning that landlords have an obligation to keep the dwelling unit in a livable condition. Landlords are required to follow specific health and safety codes that provide minimum standards for rental units. This right to a livable dwelling unit cannot be waived. Tenant Responsible for Maintenance and Repairs – Landlords need to pay for the property’s maintenance and repairs; however, many leases and rental agreements are written to purposely confuse tenants when describing the landlord’s responsibilities. This is to make tenants feel that the maintenance and repair responsibilities are theirs.

Limits on Occupation. Having this outlined in the agreement guarantees a landlord’s right to determine who should be occupying the dwelling unit. If a person’s name is not on the agreement, it could potentially be grounds for eviction. Type of Tenancy – The agreement should clearly state what type of tenancy arrangement a landlord will have with the tenant (e.g., month-to-month, fixed term, etc.). Include the start date, tenancy length and expiration date (if there is one). Payment of Rent – Details of how the rent should be paid (i.e., mailing a check, paying online, etc.), acceptable payment methods, the amount of rent owed, the date the rent is due (i.e., the first of every month) should all be explained in the agreement. If a landlord is charging a late fee or charging for a bounced check, this should be outlined in the lease or rental agreement. Deposits and Fees – To avoid any confusion or conflict, it is recommended to describe how the security deposit will be used (i.e., damages), the amount of the security deposit being collected, how the security deposit will be returned and depending on state laws, where the security deposit will be held and if any interested will be paid to the tenant. Any non-refundable fees should be clearly stated such as a pet deposit or cleaning fee. Repairs and Maintenance – The agreement should clearly layout the landlord and tenant’s responsibilities to maintain the dwelling unit (i.e., keep the premises clean, changing the batteries in a smoke detector, maintaining the yard, etc.). This should also outline any restrictions imposed on tenant’s making repairs to the dwelling unit. Landlord’s Access to the Property – To avoid any discrepancies regarding a landlord’s right to access the premises and to avoid any privacy issues, it must be clarified in the lease agreement of how much notice must be provided to the tenant. A landlord may access the property to make necessary repairs or in some states to show the unit to potential renters. Rules and Policies – Important rules, regulations, and policies (i.e., smoking restrictions, rent control ordinances, health/safety codes, prohibiting illegal activity, or permitting pets, etc.) should be outlined in the agreement. This helps limit a landlord’s liability. Disclosures – Depending on the state, federal, state or local laws might require landlords to disclose information in the agreement. State Lease Agreement Laws After a lease agreement is signed by both parties, the landlord may be required by state law to provide a copy of the rental agreement upon request. Below are some examples of state requirements for providing copies to tenants. State Requirement California Within 15 Days of Execution Delaware Upon Execution Hawaii Provide a Copy Kansas Provide a Signed Copy New Mexico Prior to Move-In New York Within 30 Days of Signing Tennessee Provide a Copy for All Lease Terms 3 Years or Longer Utah Upon Execution Oregon Provide a Copy and All Amendments/Additions Washington Distribute an Executed Copy to Every Tenant Who Signs the Agreement Wisconsin At the Time of the Agreement Required Disclosures and Addendums Required disclosures and addendums vary by state. Disclosures may be made in the lease or rental agreement and addendums may be attached separately to the lease or rental agreement. Below are the most common required disclosures. Lead-Based Paint – It is a federal law that landlords provide notice of the potential risks of lead-based paint in homes built prior to 1978 with a specific disclosure form and pamphlet in addition to any known hazards in the building. Asbestos – Informs tenants if there is asbestos at the property so that a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. This disclosure is required for properties build before 1981. Bed Bugs – For rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord. Landlord’s Name & Address -Landlords or any individual authorized to manage the rental property must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered. Mold Disclosure– Informing the tenant of the current mold status of a property to protect against future liability of mold damages which might be caused by a tenant’s negligence during the lease term. Shared Utilities Arrangements – For rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month. Move-in Checklist – An itemized list of damages to the property before the tenant moves in will clarify that the tenant is responsible for any serious damages that occur during the lease term. Refundable/Non-Refundable Fees- If nonrefundable fees are charged, such as a pet fees or other one-time expenses like access to amenities, they must be stated as “nonrefundable” in the lease. Otherwise, they may be subject to a refund upon termination of the lease. Smoking – It is recommended to state where smoking or medical marijuana use is and isn’t allowed on the property so that expectations are clear. Late and Returned Check Fees – Landlords are recommended to disclose any late fees or returned (bounced) check fees that they intend to charge. Some states limit how high these fees can be and should reflect the actual expenses incurred by the landlord because of a late payment. Illegal Clauses It is unlawful for a landlord to require a tenant to waive any of their rights or place discriminatory conditions in a lease or rental agreement. Illegal provisions may result in the landlord being liable for damages. Here are a few examples of illegal provisions: Warranty of Habitability – Every state (except for Arkansas) has an implied warranty of habitability meaning that landlords have an obligation to keep the dwelling unit in a livable condition. Landlords are required to follow specific health and safety codes that provide minimum standards for rental units. This right to a livable dwelling unit cannot be waived. Tenant Responsible for Maintenance and Repairs – Landlords need to pay for the property’s maintenance and repairs; however, many leases and rental agreements are written to purposely confuse tenants when describing the landlord’s responsibilities. This is to make tenants feel that the maintenance and repair responsibilities are theirs.

Limits on Occupation. Having this outlined in the agreement guarantees a landlord’s right to determine who should be occupying the dwelling unit. If a person’s name is not on the agreement, it could potentially be grounds for eviction. Type of Tenancy – The agreement should clearly state what type of tenancy arrangement a landlord will have with the tenant (e.g., month-to-month, fixed term, etc.). Include the start date, tenancy length and expiration date (if there is one). Payment of Rent – Details of how the rent should be paid (i.e., mailing a check, paying online, etc.), acceptable payment methods, the amount of rent owed, the date the rent is due (i.e., the first of every month) should all be explained in the agreement. If a landlord is charging a late fee or charging for a bounced check, this should be outlined in the lease or rental agreement. Deposits and Fees – To avoid any confusion or conflict, it is recommended to describe how the security deposit will be used (i.e., damages), the amount of the security deposit being collected, how the security deposit will be returned and depending on state laws, where the security deposit will be held and if any interested will be paid to the tenant. Any non-refundable fees should be clearly stated such as a pet deposit or cleaning fee. Repairs and Maintenance – The agreement should clearly layout the landlord and tenant’s responsibilities to maintain the dwelling unit (i.e., keep the premises clean, changing the batteries in a smoke detector, maintaining the yard, etc.). This should also outline any restrictions imposed on tenant’s making repairs to the dwelling unit. Landlord’s Access to the Property – To avoid any discrepancies regarding a landlord’s right to access the premises and to avoid any privacy issues, it must be clarified in the lease agreement of how much notice must be provided to the tenant. A landlord may access the property to make necessary repairs or in some states to show the unit to potential renters. Rules and Policies – Important rules, regulations, and policies (i.e., smoking restrictions, rent control ordinances, health/safety codes, prohibiting illegal activity, or permitting pets, etc.) should be outlined in the agreement. This helps limit a landlord’s liability. Disclosures – Depending on the state, federal, state or local laws might require landlords to disclose information in the agreement. State Lease Agreement Laws After a lease agreement is signed by both parties, the landlord may be required by state law to provide a copy of the rental agreement upon request. Below are some examples of state requirements for providing copies to tenants. State Requirement California Within 15 Days of Execution Delaware Upon Execution Hawaii Provide a Copy Kansas Provide a Signed Copy New Mexico Prior to Move-In New York Within 30 Days of Signing Tennessee Provide a Copy for All Lease Terms 3 Years or Longer Utah Upon Execution Oregon Provide a Copy and All Amendments/Additions Washington Distribute an Executed Copy to Every Tenant Who Signs the Agreement Wisconsin At the Time of the Agreement Required Disclosures and Addendums Required disclosures and addendums vary by state. Disclosures may be made in the lease or rental agreement and addendums may be attached separately to the lease or rental agreement. Below are the most common required disclosures. Lead-Based Paint – It is a federal law that landlords provide notice of the potential risks of lead-based paint in homes built prior to 1978 with a specific disclosure form and pamphlet in addition to any known hazards in the building. Asbestos – Informs tenants if there is asbestos at the property so that a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. This disclosure is required for properties build before 1981. Bed Bugs – For rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord. Landlord’s Name & Address -Landlords or any individual authorized to manage the rental property must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered. Mold Disclosure– Informing the tenant of the current mold status of a property to protect against future liability of mold damages which might be caused by a tenant’s negligence during the lease term. Shared Utilities Arrangements – For rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month. Move-in Checklist – An itemized list of damages to the property before the tenant moves in will clarify that the tenant is responsible for any serious damages that occur during the lease term. Refundable/Non-Refundable Fees- If nonrefundable fees are charged, such as a pet fees or other one-time expenses like access to amenities, they must be stated as “nonrefundable” in the lease. Otherwise, they may be subject to a refund upon termination of the lease. Smoking – It is recommended to state where smoking or medical marijuana use is and isn’t allowed on the property so that expectations are clear. Late and Returned Check Fees – Landlords are recommended to disclose any late fees or returned (bounced) check fees that they intend to charge. Some states limit how high these fees can be and should reflect the actual expenses incurred by the landlord because of a late payment. Illegal Clauses It is unlawful for a landlord to require a tenant to waive any of their rights or place discriminatory conditions in a lease or rental agreement. Illegal provisions may result in the landlord being liable for damages. Here are a few examples of illegal provisions: Warranty of Habitability – Every state (except for Arkansas) has an implied warranty of habitability meaning that landlords have an obligation to keep the dwelling unit in a livable condition. Landlords are required to follow specific health and safety codes that provide minimum standards for rental units. This right to a livable dwelling unit cannot be waived. Tenant Responsible for Maintenance and Repairs – Landlords need to pay for the property’s maintenance and repairs; however, many leases and rental agreements are written to purposely confuse tenants when describing the landlord’s responsibilities. This is to make tenants feel that the maintenance and repair responsibilities are theirs. It is important to note that in certain circumstances, a tenant may be responsible for a repair if they negligently or deliberately destroy part of the premises. Charging Penalties Instead of Fees – All late fees and nonrefundable fees must be outlined in the lease or rental agreement. Late fees cannot be seen as a penalty for paying rent late, instead, the fee should reflect a reasonable estimate of the amount that the late payment will cost the landlord. Security Deposit – Security deposit deductions are the most common cause of lease disagreements. Tenants cannot be charged for damage they did not cause, costs the landlord did not incur, or normal wear and tear of the property. Many states regulate how a landlord can use a security deposit. How to Write Below is a step-by-step process on how to fill out a lease agreement. Section I. The Parties Date –Include the date when the agreement was written.

Limits on Occupation. Having this outlined in the agreement guarantees a landlord’s right to determine who should be occupying the dwelling unit. If a person’s name is not on the agreement, it could potentially be grounds for eviction. Type of Tenancy – The agreement should clearly state what type of tenancy arrangement a landlord will have with the tenant (e.g., month-to-month, fixed term, etc.). Include the start date, tenancy length and expiration date (if there is one). Payment of Rent – Details of how the rent should be paid (i.e., mailing a check, paying online, etc.), acceptable payment methods, the amount of rent owed, the date the rent is due (i.e., the first of every month) should all be explained in the agreement. If a landlord is charging a late fee or charging for a bounced check, this should be outlined in the lease or rental agreement. Deposits and Fees – To avoid any confusion or conflict, it is recommended to describe how the security deposit will be used (i.e., damages), the amount of the security deposit being collected, how the security deposit will be returned and depending on state laws, where the security deposit will be held and if any interested will be paid to the tenant. Any non-refundable fees should be clearly stated such as a pet deposit or cleaning fee. Repairs and Maintenance – The agreement should clearly layout the landlord and tenant’s responsibilities to maintain the dwelling unit (i.e., keep the premises clean, changing the batteries in a smoke detector, maintaining the yard, etc.). This should also outline any restrictions imposed on tenant’s making repairs to the dwelling unit. Landlord’s Access to the Property – To avoid any discrepancies regarding a landlord’s right to access the premises and to avoid any privacy issues, it must be clarified in the lease agreement of how much notice must be provided to the tenant. A landlord may access the property to make necessary repairs or in some states to show the unit to potential renters. Rules and Policies – Important rules, regulations, and policies (i.e., smoking restrictions, rent control ordinances, health/safety codes, prohibiting illegal activity, or permitting pets, etc.) should be outlined in the agreement. This helps limit a landlord’s liability. Disclosures – Depending on the state, federal, state or local laws might require landlords to disclose information in the agreement. State Lease Agreement Laws After a lease agreement is signed by both parties, the landlord may be required by state law to provide a copy of the rental agreement upon request. Below are some examples of state requirements for providing copies to tenants. State Requirement California Within 15 Days of Execution Delaware Upon Execution Hawaii Provide a Copy Kansas Provide a Signed Copy New Mexico Prior to Move-In New York Within 30 Days of Signing Tennessee Provide a Copy for All Lease Terms 3 Years or Longer Utah Upon Execution Oregon Provide a Copy and All Amendments/Additions Washington Distribute an Executed Copy to Every Tenant Who Signs the Agreement Wisconsin At the Time of the Agreement Required Disclosures and Addendums Required disclosures and addendums vary by state. Disclosures may be made in the lease or rental agreement and addendums may be attached separately to the lease or rental agreement. Below are the most common required disclosures. Lead-Based Paint – It is a federal law that landlords provide notice of the potential risks of lead-based paint in homes built prior to 1978 with a specific disclosure form and pamphlet in addition to any known hazards in the building. Asbestos – Informs tenants if there is asbestos at the property so that a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. This disclosure is required for properties build before 1981. Bed Bugs – For rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord. Landlord’s Name & Address -Landlords or any individual authorized to manage the rental property must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered. Mold Disclosure– Informing the tenant of the current mold status of a property to protect against future liability of mold damages which might be caused by a tenant’s negligence during the lease term. Shared Utilities Arrangements – For rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month. Move-in Checklist – An itemized list of damages to the property before the tenant moves in will clarify that the tenant is responsible for any serious damages that occur during the lease term. Refundable/Non-Refundable Fees- If nonrefundable fees are charged, such as a pet fees or other one-time expenses like access to amenities, they must be stated as “nonrefundable” in the lease. Otherwise, they may be subject to a refund upon termination of the lease. Smoking – It is recommended to state where smoking or medical marijuana use is and isn’t allowed on the property so that expectations are clear. Late and Returned Check Fees – Landlords are recommended to disclose any late fees or returned (bounced) check fees that they intend to charge. Some states limit how high these fees can be and should reflect the actual expenses incurred by the landlord because of a late payment. Illegal Clauses It is unlawful for a landlord to require a tenant to waive any of their rights or place discriminatory conditions in a lease or rental agreement. Illegal provisions may result in the landlord being liable for damages. Here are a few examples of illegal provisions: Warranty of Habitability – Every state (except for Arkansas) has an implied warranty of habitability meaning that landlords have an obligation to keep the dwelling unit in a livable condition. Landlords are required to follow specific health and safety codes that provide minimum standards for rental units. This right to a livable dwelling unit cannot be waived. Tenant Responsible for Maintenance and Repairs – Landlords need to pay for the property’s maintenance and repairs; however, many leases and rental agreements are written to purposely confuse tenants when describing the landlord’s responsibilities. This is to make tenants feel that the maintenance and repair responsibilities are theirs. It is important to note that in certain circumstances, a tenant may be responsible for a repair if they negligently or deliberately destroy part of the premises. Charging Penalties Instead of Fees – All late fees and nonrefundable fees must be outlined in the lease or rental agreement.

Limits on Occupation. Having this outlined in the agreement guarantees a landlord’s right to determine who should be occupying the dwelling unit. If a person’s name is not on the agreement, it could potentially be grounds for eviction. Type of Tenancy – The agreement should clearly state what type of tenancy arrangement a landlord will have with the tenant (e.g., month-to-month, fixed term, etc.). Include the start date, tenancy length and expiration date (if there is one). Payment of Rent – Details of how the rent should be paid (i.e., mailing a check, paying online, etc.), acceptable payment methods, the amount of rent owed, the date the rent is due (i.e., the first of every month) should all be explained in the agreement. If a landlord is charging a late fee or charging for a bounced check, this should be outlined in the lease or rental agreement. Deposits and Fees – To avoid any confusion or conflict, it is recommended to describe how the security deposit will be used (i.e., damages), the amount of the security deposit being collected, how the security deposit will be returned and depending on state laws, where the security deposit will be held and if any interested will be paid to the tenant. Any non-refundable fees should be clearly stated such as a pet deposit or cleaning fee. Repairs and Maintenance – The agreement should clearly layout the landlord and tenant’s responsibilities to maintain the dwelling unit (i.e., keep the premises clean, changing the batteries in a smoke detector, maintaining the yard, etc.). This should also outline any restrictions imposed on tenant’s making repairs to the dwelling unit. Landlord’s Access to the Property – To avoid any discrepancies regarding a landlord’s right to access the premises and to avoid any privacy issues, it must be clarified in the lease agreement of how much notice must be provided to the tenant. A landlord may access the property to make necessary repairs or in some states to show the unit to potential renters. Rules and Policies – Important rules, regulations, and policies (i.e., smoking restrictions, rent control ordinances, health/safety codes, prohibiting illegal activity, or permitting pets, etc.) should be outlined in the agreement. This helps limit a landlord’s liability. Disclosures – Depending on the state, federal, state or local laws might require landlords to disclose information in the agreement. State Lease Agreement Laws After a lease agreement is signed by both parties, the landlord may be required by state law to provide a copy of the rental agreement upon request. Below are some examples of state requirements for providing copies to tenants. State Requirement California Within 15 Days of Execution Delaware Upon Execution Hawaii Provide a Copy Kansas Provide a Signed Copy New Mexico Prior to Move-In New York Within 30 Days of Signing Tennessee Provide a Copy for All Lease Terms 3 Years or Longer Utah Upon Execution Oregon Provide a Copy and All Amendments/Additions Washington Distribute an Executed Copy to Every Tenant Who Signs the Agreement Wisconsin At the Time of the Agreement Required Disclosures and Addendums Required disclosures and addendums vary by state. Disclosures may be made in the lease or rental agreement and addendums may be attached separately to the lease or rental agreement. Below are the most common required disclosures. Lead-Based Paint – It is a federal law that landlords provide notice of the potential risks of lead-based paint in homes built prior to 1978 with a specific disclosure form and pamphlet in addition to any known hazards in the building. Asbestos – Informs tenants if there is asbestos at the property so that a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. This disclosure is required for properties build before 1981. Bed Bugs – For rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord. Landlord’s Name & Address -Landlords or any individual authorized to manage the rental property must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered. Mold Disclosure– Informing the tenant of the current mold status of a property to protect against future liability of mold damages which might be caused by a tenant’s negligence during the lease term. Shared Utilities Arrangements – For rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month. Move-in Checklist – An itemized list of damages to the property before the tenant moves in will clarify that the tenant is responsible for any serious damages that occur during the lease term. Refundable/Non-Refundable Fees- If nonrefundable fees are charged, such as a pet fees or other one-time expenses like access to amenities, they must be stated as “nonrefundable” in the lease. Otherwise, they may be subject to a refund upon termination of the lease. Smoking – It is recommended to state where smoking or medical marijuana use is and isn’t allowed on the property so that expectations are clear. Late and Returned Check Fees – Landlords are recommended to disclose any late fees or returned (bounced) check fees that they intend to charge. Some states limit how high these fees can be and should reflect the actual expenses incurred by the landlord because of a late payment. Illegal Clauses It is unlawful for a landlord to require a tenant to waive any of their rights or place discriminatory conditions in a lease or rental agreement. Illegal provisions may result in the landlord being liable for damages. Here are a few examples of illegal provisions: Warranty of Habitability – Every state (except for Arkansas) has an implied warranty of habitability meaning that landlords have an obligation to keep the dwelling unit in a livable condition. Landlords are required to follow specific health and safety codes that provide minimum standards for rental units. This right to a livable dwelling unit cannot be waived. Tenant Responsible for Maintenance and Repairs – Landlords need to pay for the property’s maintenance and repairs; however, many leases and rental agreements are written to purposely confuse tenants when describing the landlord’s responsibilities. This is to make tenants feel that the maintenance and repair responsibilities are theirs.

Limits on Occupation. Having this outlined in the agreement guarantees a landlord’s right to determine who should be occupying the dwelling unit. If a person’s name is not on the agreement, it could potentially be grounds for eviction. Type of Tenancy – The agreement should clearly state what type of tenancy arrangement a landlord will have with the tenant (e.g., month-to-month, fixed term, etc.). Include the start date, tenancy length and expiration date (if there is one). Payment of Rent – Details of how the rent should be paid (i.e., mailing a check, paying online, etc.), acceptable payment methods, the amount of rent owed, the date the rent is due (i.e., the first of every month) should all be explained in the agreement. If a landlord is charging a late fee or charging for a bounced check, this should be outlined in the lease or rental agreement. Deposits and Fees – To avoid any confusion or conflict, it is recommended to describe how the security deposit will be used (i.e., damages), the amount of the security deposit being collected, how the security deposit will be returned and depending on state laws, where the security deposit will be held and if any interested will be paid to the tenant. Any non-refundable fees should be clearly stated such as a pet deposit or cleaning fee. Repairs and Maintenance – The agreement should clearly layout the landlord and tenant’s responsibilities to maintain the dwelling unit (i.e., keep the premises clean, changing the batteries in a smoke detector, maintaining the yard, etc.). This should also outline any restrictions imposed on tenant’s making repairs to the dwelling unit. Landlord’s Access to the Property – To avoid any discrepancies regarding a landlord’s right to access the premises and to avoid any privacy issues, it must be clarified in the lease agreement of how much notice must be provided to the tenant. A landlord may access the property to make necessary repairs or in some states to show the unit to potential renters. Rules and Policies – Important rules, regulations, and policies (i.e., smoking restrictions, rent control ordinances, health/safety codes, prohibiting illegal activity, or permitting pets, etc.) should be outlined in the agreement. This helps limit a landlord’s liability. Disclosures – Depending on the state, federal, state or local laws might require landlords to disclose information in the agreement. State Lease Agreement Laws After a lease agreement is signed by both parties, the landlord may be required by state law to provide a copy of the rental agreement upon request. Below are some examples of state requirements for providing copies to tenants. State Requirement California Within 15 Days of Execution Delaware Upon Execution Hawaii Provide a Copy Kansas Provide a Signed Copy New Mexico Prior to Move-In New York Within 30 Days of Signing Tennessee Provide a Copy for All Lease Terms 3 Years or Longer Utah Upon Execution Oregon Provide a Copy and All Amendments/Additions Washington Distribute an Executed Copy to Every Tenant Who Signs the Agreement Wisconsin At the Time of the Agreement Required Disclosures and Addendums Required disclosures and addendums vary by state. Disclosures may be made in the lease or rental agreement and addendums may be attached separately to the lease or rental agreement. Below are the most common required disclosures. Lead-Based Paint – It is a federal law that landlords provide notice of the potential risks of lead-based paint in homes built prior to 1978 with a specific disclosure form and pamphlet in addition to any known hazards in the building. Asbestos – Informs tenants if there is asbestos at the property so that a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. This disclosure is required for properties build before 1981. Bed Bugs – For rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord. Landlord’s Name & Address -Landlords or any individual authorized to manage the rental property must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered. Mold Disclosure– Informing the tenant of the current mold status of a property to protect against future liability of mold damages which might be caused by a tenant’s negligence during the lease term. Shared Utilities Arrangements – For rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month. Move-in Checklist – An itemized list of damages to the property before the tenant moves in will clarify that the tenant is responsible for any serious damages that occur during the lease term. Refundable/Non-Refundable Fees- If nonrefundable fees are charged, such as a pet fees or other one-time expenses like access to amenities, they must be stated as “nonrefundable” in the lease. Otherwise, they may be subject to a refund upon termination of the lease. Smoking – It is recommended to state where smoking or medical marijuana use is and isn’t allowed on the property so that expectations are clear. Late and Returned Check Fees – Landlords are recommended to disclose any late fees or returned (bounced) check fees that they intend to charge. Some states limit how high these fees can be and should reflect the actual expenses incurred by the landlord because of a late payment. Illegal Clauses It is unlawful for a landlord to require a tenant to waive any of their rights or place discriminatory conditions in a lease or rental agreement. Illegal provisions may result in the landlord being liable for damages. Here are a few examples of illegal provisions: Warranty of Habitability – Every state (except for Arkansas) has an implied warranty of habitability meaning that landlords have an obligation to keep the dwelling unit in a livable condition. Landlords are required to follow specific health and safety codes that provide minimum standards for rental units. This right to a livable dwelling unit cannot be waived. Tenant Responsible for Maintenance and Repairs – Landlords need to pay for the property’s maintenance and repairs; however, many leases and rental agreements are written to purposely confuse tenants when describing the landlord’s responsibilities. This is to make tenants feel that the maintenance and repair responsibilities are theirs.

Limits on Occupation. Having this outlined in the agreement guarantees a landlord’s right to determine who should be occupying the dwelling unit. If a person’s name is not on the agreement, it could potentially be grounds for eviction. Type of Tenancy – The agreement should clearly state what type of tenancy arrangement a landlord will have with the tenant (e.g., month-to-month, fixed term, etc.). Include the start date, tenancy length and expiration date (if there is one). Payment of Rent – Details of how the rent should be paid (i.e., mailing a check, paying online, etc.), acceptable payment methods, the amount of rent owed, the date the rent is due (i.e., the first of every month) should all be explained in the agreement. If a landlord is charging a late fee or charging for a bounced check, this should be outlined in the lease or rental agreement. Deposits and Fees – To avoid any confusion or conflict, it is recommended to describe how the security deposit will be used (i.e., damages), the amount of the security deposit being collected, how the security deposit will be returned and depending on state laws, where the security deposit will be held and if any interested will be paid to the tenant. Any non-refundable fees should be clearly stated such as a pet deposit or cleaning fee. Repairs and Maintenance – The agreement should clearly layout the landlord and tenant’s responsibilities to maintain the dwelling unit (i.e., keep the premises clean, changing the batteries in a smoke detector, maintaining the yard, etc.). This should also outline any restrictions imposed on tenant’s making repairs to the dwelling unit. Landlord’s Access to the Property – To avoid any discrepancies regarding a landlord’s right to access the premises and to avoid any privacy issues, it must be clarified in the lease agreement of how much notice must be provided to the tenant. A landlord may access the property to make necessary repairs or in some states to show the unit to potential renters. Rules and Policies – Important rules, regulations, and policies (i.e., smoking restrictions, rent control ordinances, health/safety codes, prohibiting illegal activity, or permitting pets, etc.) should be outlined in the agreement. This helps limit a landlord’s liability. Disclosures – Depending on the state, federal, state or local laws might require landlords to disclose information in the agreement. State Lease Agreement Laws After a lease agreement is signed by both parties, the landlord may be required by state law to provide a copy of the rental agreement upon request. Below are some examples of state requirements for providing copies to tenants. State Requirement California Within 15 Days of Execution Delaware Upon Execution Hawaii Provide a Copy Kansas Provide a Signed Copy New Mexico Prior to Move-In New York Within 30 Days of Signing Tennessee Provide a Copy for All Lease Terms 3 Years or Longer Utah Upon Execution Oregon Provide a Copy and All Amendments/Additions Washington Distribute an Executed Copy to Every Tenant Who Signs the Agreement Wisconsin At the Time of the Agreement Required Disclosures and Addendums Required disclosures and addendums vary by state. Disclosures may be made in the lease or rental agreement and addendums may be attached separately to the lease or rental agreement. Below are the most common required disclosures. Lead-Based Paint – It is a federal law that landlords provide notice of the potential risks of lead-based paint in homes built prior to 1978 with a specific disclosure form and pamphlet in addition to any known hazards in the building. Asbestos – Informs tenants if there is asbestos at the property so that a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. This disclosure is required for properties build before 1981. Bed Bugs – For rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord. Landlord’s Name & Address -Landlords or any individual authorized to manage the rental property must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered. Mold Disclosure– Informing the tenant of the current mold status of a property to protect against future liability of mold damages which might be caused by a tenant’s negligence during the lease term. Shared Utilities Arrangements – For rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month. Move-in Checklist – An itemized list of damages to the property before the tenant moves in will clarify that the tenant is responsible for any serious damages that occur during the lease term. Refundable/Non-Refundable Fees- If nonrefundable fees are charged, such as a pet fees or other one-time expenses like access to amenities, they must be stated as “nonrefundable” in the lease. Otherwise, they may be subject to a refund upon termination of the lease. Smoking – It is recommended to state where smoking or medical marijuana use is and isn’t allowed on the property so that expectations are clear. Late and Returned Check Fees – Landlords are recommended to disclose any late fees or returned (bounced) check fees that they intend to charge. Some states limit how high these fees can be and should reflect the actual expenses incurred by the landlord because of a late payment. Illegal Clauses It is unlawful for a landlord to require a tenant to waive any of their rights or place discriminatory conditions in a lease or rental agreement. Illegal provisions may result in the landlord being liable for damages. Here are a few examples of illegal provisions: Warranty of Habitability – Every state (except for Arkansas) has an implied warranty of habitability meaning that landlords have an obligation to keep the dwelling unit in a livable condition. Landlords are required to follow specific health and safety codes that provide minimum standards for rental units. This right to a livable dwelling unit cannot be waived. Tenant Responsible for Maintenance and Repairs – Landlords need to pay for the property’s maintenance and repairs; however, many leases and rental agreements are written to purposely confuse tenants when describing the landlord’s responsibilities. This is to make tenants feel that the maintenance and repair responsibilities are theirs. It is important to note that in certain circumstances, a tenant may be responsible for a repair if they negligently or deliberately destroy part of the premises. Charging Penalties Instead of Fees – All late fees and nonrefundable fees must be outlined in the lease or rental agreement. Late fees cannot be seen as a penalty for paying rent late, instead, the fee should reflect a reasonable estimate of the amount that the late payment will cost the landlord. Security Deposit – Security deposit deductions are the most common cause of lease disagreements.