Signing a lease is an exciting step toward securing your next home, but do you fully understand what you’re agreeing to? Lease agreements outline everything from rent and fees to maintenance responsibilities and building policies—details that can directly impact your experience as a renter. Taking the time to review your lease before signing can help you avoid unexpected costs and ensure a smooth rental experience, whether you’re moving into an apartment in New York or a rental home in Los Angeles.
Lease basics: What every renter should know
Before signing a lease, it’s important to understand how different types of leases work and what key terms to look for. A lease is a legally binding agreement that outlines the responsibilities of both the landlord and tenant, covering everything from rent payments to maintenance policies. Knowing the basics of a lease can help you avoid unexpected costs, breach of contracts, or misunderstandings.
Types of leases
- Fixed-term lease: A lease agreement for a set period (e.g., 6 months, 12 months, or longer). Rent and terms remain the same until the lease ends.
- Month-to-month lease: A more flexible agreement that renews automatically each month. Either party can terminate it with proper notice (usually 30 days).
Key components of a lease
- Rent amount & due date: Specifies how much rent is and when it’s due each month.
- Security deposit: A refundable deposit that covers potential damages or unpaid rent.
- Lease term & renewal: States how long the lease lasts and whether it renews automatically.
- Maintenance policies: Defines who is responsible for repairs and how to report maintenance issues.
- Rules & restrictions: May include policies on pets, subletting, guests, or property modifications.
Legal considerations
- Tenant rights: The lease must comply with state and local landlord-tenant laws regarding deposits, eviction procedures, and lease termination rules.
- Fair housing laws: Landlords must follow regulations that prohibit discrimination against tenants based on legally protected characteristics.
- Local regulations: Some cities have rent control laws or specific guidelines on lease agreements.
By understanding the different types of leases, key terms, and legal protections, you’ll be better prepared to review and negotiate your lease before signing. If anything seems unclear, ask questions or seek legal advice to ensure you’re making an informed decision.
Key lease terms to review before signing a lease
Before signing your lease, carefully review the following terms to ensure you understand your financial commitments, responsibilities, and rights as a tenant.
Rent & fees
- Monthly rent amount: Confirm the agreed-upon rent and payment due date.
- Late fees & grace periods: Find out if there’s a penalty for late payments and whether there’s a grace period.
- Included utilities/services: Ask if rent covers water, gas, electricity, trash removal, or parking.
Lease term & renewal
- Length of lease: Check how long the lease lasts (e.g., 6 months, 12 months, or month-to-month).
- Renewal policy: Does the lease automatically renew, or do you need to sign a new agreement?
Security deposit
- Deposit amount: Know how much you need to pay upfront.
- Refund conditions: Understand what deductions may apply when you move out.
- State laws on deposits: Some states require landlords to return deposits within a set time frame.
- Pet fees: Some landlords charge non-refundable pet fees or refundable pet deposits to cover potential pet-related damage—check your lease for details.
Notice to vacate
- Move-out notice period: Check how much advance notice you need to give before leaving (typically 30-60 days).
- Early lease termination: Learn about penalties if you need to move out before the lease ends.
Breaking the lease & subletting
- Early termination fees: Find out the financial consequences of breaking the lease.
- Subletting policy: See if you’re allowed to rent out the unit and under what conditions.
Maintenance & repairs
- Landlord vs tenant responsibilities: Know who handles routine maintenance and what’s expected from you.
- Reporting urgent repairs: Check how to request emergency maintenance and response times.
Reviewing these key terms before signing ensures you fully understand your financial commitments, responsibilities, and rights as a tenant. If anything is unclear, ask your landlord for clarification before agreeing to the lease.
Who signs the apartment lease?
A lease is a legally binding contract that outlines the responsibilities of all parties involved. It should include everyone who will be financially responsible for the rent, such as you, your spouse, roommates, and the landlord.
Anyone not listed on the lease is not legally liable for rent payments. For example, if you bring in a new roommate after signing, they won’t be responsible for rent unless the landlord updates the lease to include their name. If the lease remains unchanged, you are legally responsible for the full rent amount, even if your new roommate fails to pay their share.
Hidden lease terms you should check
Every apartment lease is unique, so reviewing the details carefully can help you avoid surprises. If needed, you may also be able to negotiate certain terms with your landlord before signing. Here are key details to check:
- Guest and overnight visitor rules: Does the lease limit how long guests can stay? Some landlords have restrictions on long-term visitors or require approval for extended stays.
- Smoking restrictions: Many buildings have designated smoking areas or prohibit smoking inside apartments and common areas. Check for rules on guest smoking as well.
- Parking rules: Find out where you are allowed to park, how many spots you get, and whether there are guest parking restrictions.
- Modification policies: Most leases prohibit major changes like painting, replacing flooring, or structural modifications.
Pro tip: If you want to make changes to the apartment, try to negotiate with your landlord upfront. Any approved modifications should be clearly written into the lease to avoid disputes later.
Keep a record of your lease
Always save a copy of your signed lease agreement, as it serves as the primary document outlining your rental terms. If any disputes arise regarding rent, security deposits, maintenance responsibilities, or lease terms, having a written record can help protect your rights as a tenant. Keeping digital and physical copies ensures you can reference it easily if needed.
Understand your lease before signing it FAQs
1. What is included in a furnished apartment?
If your apartment comes furnished, check the lease for a detailed list of included items and rules about damage. Any damage to provide furniture or appliances may result in security deposit deductions.
2. Who is responsible for apartment repairs?
Your lease should outline who is responsible for repairs. Some landlords require tenants to handle minor fixes, while they take care of major repairs like plumbing or electrical issues. If a property management company runs the building, they may handle all maintenance requests.
3. Which utilities and expenses are covered by the landlord?
Most leases specify which utilities are covered by the landlord and which are the tenant’s responsibility. Electricity, gas, and Wi-Fi are usually paid by the tenant, while landlords may cover water and trash. Some buildings offer utilities included in rent, so check before signing.
4. Are tenants allowed to make modifications to the apartment?
Some leases prohibit modifications like painting walls or installing shelves. If you plan to make changes, get written permission from the landlord to avoid violating the lease. Even if allowed, you may be responsible for restoring the apartment to its original condition before moving out. Always check your lease for specific rules and discuss any alterations with your landlord in advance.
5. What happens if I need to break my lease early?
Breaking a lease early can result in penalties, such as losing your security deposit or being responsible for remaining rent. Some leases include an early termination clause with specific fees, while others require you to find a replacement tenant. Review your lease for these terms before signing.
6. Can my landlord increase my rent during my lease?
In most cases, landlords cannot increase rent during a fixed-term lease unless a rent increase clause is included in your agreement. For month-to-month leases, landlords typically must provide advance notice before raising rent, based on local laws.
