A lease agreement is a binding contract between a landlord that allows a tenant to use their property in exchange for the payment of rent. The tenant will be responsible for maintaining the property in its same condition as move-in, wear-and-tear excepted. After signing, both parties will be bound to the terms of the lease until its termination.
Table of Contents
- Lease Agreements: By State
- Lease Agreements: By Type (6)
- What is a Lease?
- How Does a Lease Work? (5 Steps)
- Landlord-Tenant Laws
By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
By Type (6)
- Commercial Lease Agreement
- Month-to-Month Lease Agreement
- Rent-to-Own Lease Agreement
- Roommate Lease Agreement
- Standard Lease Agreement
- Sublease Agreement
Commercial Lease Agreement – For any non-residential purpose.
Download: Adobe PDF, MS Word, Rich Text Format
Month-to-Month Rental Agreement – A lease with no end date and typically continues until the landlord or tenant terminates with thirty (30) days’ notice.
Download: Adobe PDF
Rent-to-Own Lease Agreement – A lease with an option to purchase the property according to the terms of the agreement.
Download: Adobe PDF, MS Word, Rich Text Format
Roommate Lease Agreement – When only bedrooms are rented while sharing common areas such as living rooms, kitchen, and any other areas.
Download: Adobe PDF, MS Word, Rich Text Format
Standard Lease Agreement – Most popular type of lease with a start and end date and usually for a term of one (1) year.
Download: Adobe PDF, MS Word, Rich Text Format
Sublease Agreement – When a tenant decides to re-rent the property to a sub-tenant. Permission is required from the landlord through a consent form.
Download: Adobe PDF, MS Word, Rich Text Format
What is a Lease?
A lease is a mutual agreement made between a landlord and tenant to use a property in exchange for the payment of rent. The landlord will give standard rights to use the property for residential or commercial use. The tenant will be required to maintain the property until the end of the lease term.
How Does a Lease Work? (5 Steps)
A simple step-by-step guide on how to properly verify a tenant and sign a legally binding lease agreement.
These generic instructions are applicable in all fifty (50) States.
Step 1 – Tenant Views the Property
The first step is the tenant views and sees if they like the property. If so, they will be asked to give their details to the agent or landlord through a rental application.
Rental Application – Contains the personal and employment details of the tenant. It also gives consent to the landlord to run a credit check and other consumer reports on the tenant. A non-refundable fee is usually required by the landlord.
Download: Adobe PDF, MS Word, Rich Text Format
Step 2 – Landlord Screens the Tenant
After obtaining the tenant’s details, it’s time to screen the tenant. View the top 11 tenant screening services and view the tenant’s report.
A landlord should seek tenants with a credit score of 670 or higher*. For context, the average credit score in the USA is 711*.
Step 3 – Negotiate the Lease
Unless the rent was agreed to prior, it’s time to negotiate the terms of the lease. The landlord will usually not commit to any terms until the tenant’s credit is verified. If the tenant’s credit is poor, the landlord may require an extra security deposit or prepaid rent.
Step 4 – Writing the Agreement
The landlord will write the lease and give the tenant a finished copy along with any attachments. Depending on the State, the landlord may be required to add disclosures.
Common Disclosures
- Lead-Based Paint – A disclosure that will be provided by the landlord if the property was built prior to 1978. Any property constructed before January 1, 1978, may contain lead paint within the walls. Learn more about lead paint by reading the Protect Your Family From Lead in Your Home brochure.
- Move-in Checklist – A requirement by the State or the landlord that requires a thorough inspection of the premises prior to move-in. This is intended to protect the tenant’s security deposit at the end of the lease from any unfounded maintenance claims by the landlord.
Step 5 – Signing
Both the landlord and tenant must sign for the lease to be legally binding. No witnesses or notary is required. When ready, the landlord can e-mail the tenant using an e-signature service.
e-Signature Services
- eSign.com (free)
- DocuSign.com (fee required after 5 signatures)
Landlord-Tenant Laws
Security Deposit Laws
| State | Maximum Amount | Returning to Tenant (after lease ends) | Statutes |
| Alabama | 1 month’s rent | 60 days | Section 35-9A-201(a), Section 35-9A-201(b) |
| Alaska | 2 months’ rent | 14 days | § 34.03.070(a), § 34.03.070(g) |
| Arizona | 1.5 months’ rent | 14 days | §33-1321(B), §33-1321(D) |
| Arkansas | 2 months’ rent | 60 days | §18-16-304, §18-16-305 |
| California | 3 months’ rent | 21 days | §1950.5(c), §1950.5(g) |
| Colorado | None | 30 days | C.R.S. 38-12-103 |
| Connecticut | 2 months’ rent | 30 days | §47a-21(b), §47a-21(d) |
| Delaware | 1 month’s rent | 20 days | Tit. 25 § 5514(a), Tit. 25 § 5514(e) |
| Florida | None | 15 days | §83-49(3)(a) |
| Georgia | None | 30 days | § 44-7-34 |
| Hawaii | 1 month’s rent | 14 days | §521-44(b), §521-44(c) |
| Idaho | None | 30 days | § 6-321 |
| Illinois | None | 30 days | 765 ILCS 710 |
| Indiana | None | 45 days | § 32-31-3-12 |
| Iowa | 2 months’ rent | 30 days | § 562A.12.1, § 562A.12.3.a |
| Kansas | 2 months’ rent | 30 days | § 58-2550(a), § 58-2550(b) |
| Kentucky | None | 60 days | § 383.580 |
| Louisiana | None | 30 days | R.S. § 9:3251 |
| Maine | 2 months’ rent | 21 days | § 6032, § 6033 |
| Maryland | 2 months’ rent | 45 days | § 8–203 |
| Massachusetts | 1 month’s rent | 30 days | ch. 186, § 15(B)(iii), ch. 186, §15B(4) |
| Michigan | 1.5 months’ rent | 45 days | §554.602, §554.613(1) |
| Minnesota | None | 21 days | § 504B.178 |
| Mississippi | None | 45 days | § 89-8-21 |
| Missouri | 2 months’ rent | 30 days | § 535.300.1, § 535.300.3 |
| Montana | None | 30 days | § 70-25-202 |
| Nebraska | 1.25 months’ rent | 14 days | § 76-1416(1), § 76-1416(2) |
| Nevada | 3 months’ rent | 30 days | §118A.242.1, §118A.242.4 |
| New Hampshire | 1 month’s rent | 30 days | §540-A:6, §540-A:7 |
| New Jersey | 1.5 months’ rent | 30 days | §46:8-21.2, §46:8-21.1 |
| New Mexico | 1 month’s rent | 30 days | §47-8-18-A(1), §47-8-18-C |
| New York | 1 month’s rent | 14 days | Real Prop. § 7-108-1(a), Real Prop. § 7-108(e) |
| North Carolina | 2 months’ rent | 30 days | §42-51, §42-52 |
| North Dakota | 1 month’s rent | 30 days | §47-16-07.1 |
| Ohio | None | 30 days | §5321.16 |
| Oklahoma | None | 45 days | § 41-115 |
| Oregon | None | 31 days | § 90.300 |
| Pennsylvania | 2 months’ rent | 30 days | §250.511a, § 250.512 |
| Rhode Island | 1 month’s rent | 20 days | § 34-18-19(a), § 34-18-19(b) |
| South Carolina | None | 30 days | § 27-40-410 |
| South Dakota | 1 month’s rent | 14 days | § 43-32-6.1, §43-32-24 |
| Tennessee | None | 60 days | § 66-29-301 |
| Texas | None | 30 days | § 92.103 |
| Utah | None | 30 days | §57-17-3 |
| Vermont | None | 14 days | § 4461, § 4461(c) |
| Virginia | 2 months’ rent | 45 days | § 55.1-1204, § 55.1-1226 |
| Washington | None | 21 days | §59.18.270 |
| Washington D.C. | 1 month’s rent | 45 days | § 14-308.2, § 14-309.1 |
| West Virginia | None | None | §37-6A-2 |
| Wisconsin | None | 21 days | § 704.28 |
| Wyoming | None | 30 days | § 1-21-1208 |
When is Rent Due?
| State | Grace Period | Maximum Fees | NSF Fees |
| Alabama | The day mentioned in the lease agreement (§ 35-9A-161) | No maximum. | $30 (§ 12-17-224) |
| Alaska | The day mentioned in the lease agreement (AS 34.03.020(c)) | No maximum. | $30 (§ 09.68.115(a)(2)) |
| Arizona | The day mentioned in the lease agreement (§ 33-1368(B)). | Must be “reasonable” and mentioned in the lease agreement (§ 33-1368(B)). | $25 (§ 44-6852) |
| Arkansas | The day mentioned in the lease agreement, with a five (5) day grace period (§ 18-17-401(b)(1), § 18-17-701(b)). | No maximum. | $30 (AR Code § 5-37-304(a)(2)(A)(ii)) |
| California | The day mentioned in the lease agreement (CIV Code 1947). | Must be a “good faith estimate of the damages likely to be suffered by the landlord in the case of late payment,” and the amount must be written in the lease agreement (Orozco v. Casimiro, 121 Cal. App.4th Supp. 7 (2004), CIV Code 1962). | $25 (CA Penal Code § 476a(h)) |
| Colorado | Not defined (no statute). | No maximum. | $20 (CO Rev. Stat. § 13-21-109) |
| Connecticut | The day mentioned in the lease agreement, with a nine (9) day grace period (§ 47a-3a(a), § 47a-15a). | No maximum. | $20 (CT Gen Stat § 52-565a(i)) |
| Delaware | The day mentioned in the lease agreement, with a five (5) day grace period (Title 25, § 5501(b), Title 25, § 5501(d)). | No more than five percent (5%) of the monthly rent (Title 25, § 5501(d)). | Unspecified (11 DE Code § 900) |
| Florida | The day mentioned in the lease agreement (§ 83.46(1)). | No maximum. | $25 if amount due is $50 or less; $30 if amount due is between $50 and $300; $40 if amount due is more than $300 (FL Stat § 832.08(5)). |
| Georgia | Not defined (no statute). | No maximum, but the landlord can charge interest on the monthly rent amount (Ga. Code § 44-7-16). | $30 or five percent (5%) of the amount due (GA Code § 13-6-15(b)). |
| Hawaii | The day mentioned in the lease agreement (§ 521-21(b)). | No more than eight percent (8%) of the monthly rent (§ 521-21(f)). | Not defined (no statute). |
| Idaho | Not defined (no statute). | No maximum. | Whichever is greater between $20 and the amount overdue (ID Code § 28-22-105). |
| Illinois | Not defined (no statute). | No maximum outside Chicago. In Chicago, the maximum is $10.00 per month for the first $500.00 in monthly rent, plus five percent (5%) of any amount in excess of $500.00 per month (5-12-140(h)). | Between $100 and $1,500 (720 ILCS 5/17-1a). |
| Indiana | Not defined (no statute). | No maximum. | Three (3) times the amount due if the amount is $250 or less. The amount due plus $500 if the amount is more than $250 (IN Code § 26-2-7-6(b)). |
| Iowa | The day mentioned in the lease agreement (562A.9(3)). | If the monthly rent is $700.00 or less, the maximum late fee is $12.oo per day or $60.00 per month. If the monthly rent is more than $700.00, the maximum late fee is $20.00 per day or $100.00 per month (562A.9(4)). | Three (3) times the amount due, not to exceed $500 plus the amount due (IA Code § 554.3513). |
| Kansas | The day mentioned in the lease agreement (§ 58-2545(c)). | No maximum. | Three (3) times the amount due not to exceed $500 plus the amount due; or $100, whichever is greater (KS Stat § 60-2610(a)). |
| Kentucky | The day mentioned in the lease agreement (§ 383.565(2)). | No maximum. | $50 (KY Rev Stat § 514.040) |
| Louisiana | The day mentioned in the lease agreement (La. Civ. Code art. 2703(1)). | No maximum. | Whichever is greater between $25 and five percent (5%) of the amount due (LA RS § 9:2782). |
| Maine | The day mentioned in the lease agreement, with a fifteen (15) day grace period (Chapter 710, §6028(1)). | No more than four percent (4%) of the monthly rent (Chapter 710, §6028(2)). | The amount due plus 12% interest per annum (14 M.R.S.A. § 6071). |
| Maryland | The day mentioned in the lease agreement (§ 8-401(a)). | No more than five percent (5%) of the monthly rent (Md. Code, Real. Prop. § 8-208(d)(3)). | $35 (MD Comm L Code § 15-802) |
| Massachusetts | The day mentioned in the lease agreement, with a thirty (30) day grace period (Chapter 186, Section 15B(1)(c)). | No maximum. | Between $100 and $500 (G.L.c. 93, § 40A) |
| Michigan | The day mentioned in the lease agreement (§ 554.131). | No maximum. | $25 (§ 600.2952) |
| Minnesota | Not defined (no statute). | No more than eight percent (8%) of the monthly rent (504B.177(a)). | $30 (MN Stat § 604.113) |
| Mississippi | Not defined (no statute). | No maximum. | Between $25 and $500 (MS Code § 97-19-67) |
| Missouri | The day mentioned in the lease agreement (Rev. § 535.060). | No maximum. | $25 for amounts less than $100; $50 for amounts between $100 and $250; and Ten percent (10%) of the amount not to exceed $75 for amounts over $250 (MO Rev Stat § 570.120(5)). |
| Montana | The day mentioned in the lease agreement (§ 70-24-201(2)(c)). | No maximum. | $30 (MT Code § 27-1-717) |
| Nebraska | The day mentioned in the lease agreement (§ 76-1414(3)). | No maximum. | $10 (NE Rev. Stat § 28-611) |
| Nevada | The day mentioned in the lease agreement (NRS 118A.210(1)). | No more than five percent (5%) of the monthly rent (NRS 118A.210(4)(a)). | Between $100 and $500 (NRS § 41.620 ) |
| New Hampshire | Not defined (no statute). | No maximum. | $25 (NH Rev Stat § 358-C:5) |
| New Jersey | The day mentioned in the lease agreement, with a five (5) business day grace period (§ 2A:42-6.1(1)). | No maximum outside Jersey City. $35.00 in Jersey City (Ord. 20-036). | Three (3) times the amount due or $100, whichever is greater, not to exceed $500 total (NJ Rev Stat § 2A:32A-1) |
| New Mexico | The day mentioned in the lease agreement (§ 47-8-15(B)). | No more than ten percent (10%) of the monthly rent (§ 47-8-15(B)). | Between $100 and $500 (NM Rev Stat § 56-14-1(A)) |
| New York | The day mentioned in the lease agreement, with a five (5) day grace period (Housing Stability and Tenant Protection act of 2019). | Whichever is less between $50.00 and five percent (5%) of the monthly rent (Housing Stability and Tenant Protection act of 2019). | Whichever is less between twice the amount due and $400 (NY Gen Oblig L § 11-104 (3)) |
| North Carolina | The day mentioned in the lease agreement, with a four (4) day grace period (§ 42-46(a)). | Whichever is greater between $15.00 and five percent (5%) of the monthly rent (§ 42-46(a)(1)). | Between $100 and $500 (NC Gen Stat § 6-21.3 (a)(ii)) |
| North Dakota | Not defined (no statute). | No maximum. | Not defined (no statute). |
| Ohio | Not defined (no statute). | No maximum. | Not defined (no statute). |
| Oklahoma | The day mentioned in the lease agreement (§ 41-109(B)). | No maximum. | Not defined (no statute). |
| Oregon | The day mentioned in the lease agreement, with a four (4) day grace period (§ ORS 90.220(7)(a), ORS 90.260(1)(a)). | Five percent (5%) of the monthly rent every five days (ORS 90.260(2)(c)). | Whichever is greater between three (3) times the amount due and $100 (ORS § 30.701). |
| Pennsylvania | Not defined (no statute). | No maximum. | Whichever is greater between three (3) times the amount due and $100 (42 Pa.C.S.A. § 8304) |
| Rhode Island | The day mentioned in the lease agreement (§ 34-18-15(c)). | No maximum. | $25 (RI Gen L § 6-42-3(b)(2)) |
| South Carolina | The day mentioned in the lease agreement (§ 27-40-310(c)). | No maximum. | $30 (SC Code § 34-11-70(a)) |
| South Dakota | Not defined (no statute). | No maximum. | $40 (SDLRC § 57A-3-421) |
| Tennessee | The day mentioned in the lease agreement, with a five (5) day grace period (§ 66-28-201(c), § 66-28-201(d)). | No more than ten percent (10%) of the monthly rent (§ 66-28-201(d)). | Not defined (no statute). |
| Texas | Not defined (no statute). | No more than twelve percent (12%) of the monthly rent when the property has four (4) or less units. No more than ten percent (10%) of the monthly rent when the property has more than four (4) units (). | Not defined (no statute). |
| Utah | Not defined (no statute). | No maximum. | Not defined (no statute). |
| Vermont | The day mentioned in the lease agreement (9 V.S.A. § 4455). | No maximum. | $5 (13 VSA § 2022) |
| Virginia | The day mentioned in the lease agreement, with a five (5) day grace period (§ 55.1-1204(C)(4), § 55.1-1204(C)(5)). | No more than ten percent (10%) of the monthly rent (§ 55.1-1204(E)). | Not defined (no statute). |
| Washington | The day mentioned in the lease agreement, with a five (5) day grace period (RCW 59.18.170). | No maximum. | Up to $1,125 (RCW § 9A.56.060) |
| Washington D.C. | |||
| West Virginia | Not defined (no statute). | No maximum. | $25 (WV Code §61-3-39e) |
| Wisconsin | Not defined (no statute). | No maximum. | Not defined (no statute). |
| Wyoming | Not defined (no statute). | No maximum. | Not defined (no statute). |
