Landlord Resource Guide
Lease
185 articles15 sections10 state guides
Lease basics
- What Is a Lease Agreement?Start here A lease rents a home for a fixed term, often 12 months, on terms neither side can change mid-term without written agreement. State law overrides conflicting clauses.
- Is a Verbal Rental Agreement Legally Binding? Yes, oral rental agreements can be binding, but state limits apply. In California, oral fixed terms must end within one year of making the agreement.
- What Are the Advantages and Disadvantages of Leases and Rental Agreements? A lease gives you fixed rent and a committed tenant for the term. A month-to-month agreement lets you change or end it with notice, unless just-cause laws apply.
- What Is a Rental Agreement? A rental agreement is a month-to-month or week-to-week tenancy that continues automatically until lawfully ended under state and local rules.
Problems during the tenancy
- Can You Cut Off Utility Services From the Tenant? No. Shutting off a tenant's utilities to force rent or a move-out is illegal self-help, with penalties such as 3 months' rent in Florida. Use an eviction case.
- Can You Enter Your Rental in Case of an Emergency? Yes. You can enter without notice for a real emergency such as fire, flooding, or a gas leak. Repairs that can wait need the normal notice, and tell the tenant after.
- How Do You Deal With a Tenant's Illegal Activity in Your Property? Document it, report it to police, and serve your state's eviction notice. You need evidence, not a conviction, and ignoring drug activity risks fines or forfeiture.
- What Do You Do When a Neighbor Is a Nuisance? Log the problem, ask the neighbor in writing, then use code enforcement, the HOA, mediation, or court. If the neighbor is your own tenant, enforce the lease.
- What Do You Do When a Tenant Damages Your Property? Document it, demand repair or payment in writing, deduct from the deposit by your state's deadline, sue for the rest, and use a notice for serious damage.
Co-tenants, lodgers, and subtenants
- Can You Lease Your Property and Live There at the Same Time? Yes, if local rules permit the rental. Renter protections depend on state law, some fair housing rules ease, and you split expenses for taxes.
- Can You Sign a Lease With More Than One Person? Yes. Every adult who signs becomes a co-tenant, usually jointly and severally liable for the full rent and damage until the lease ends or you release them in writing.
- What Should You Do If a Tenant Wants to Sublet? Check the lease and state law, screen the proposed subtenant like any applicant, then approve a sublease or sign a direct lease, with your consent in writing.
- What Should You Do If the Sub-Tenant Does Not Pay Rent? Collect from your original tenant, who stays liable for the full rent. Serve your state's pay-or-quit notice, and an eviction removes the subtenant too.
Writing the lease
- Can You Require Your Tenant to Pay Rent in a Specific Form? Usually yes, but state law limits it. California bars cash-only and electronic-only rent, Washington bars electronic-only, and Rhode Island limits convenience fees.
- How Do You Negotiate Lease Terms With Non-English Speaking Tenants? In California, a lease negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean needs a full written translation before signing, or the tenant can cancel.
- How Should You Determine the Rent Price? Price from recently rented comparable units, adjust for size, condition, and amenities, check HUD's Fair Market Rent, and confirm local rent control first.
- What Tenant Rights Can't Be Waived in a Lease? State law determines which tenant rights a lease cannot waive, including whether a landlord can waive liability for negligence.
- What Terms Are Usually Included in a Rental Agreement or Lease? A lease should state the parties, unit, term, rent, deposit, fees, utilities, repairs, occupants, entry, pets, and subletting, plus lead and state disclosures.
When a lease ends early
- Can Your Tenant Find a Replacement When They Want to Finish the Lease Early? Yes, a tenant can propose one, but your lease and state law decide if you can refuse. The original tenant stays liable unless you sign a release.
- What Can You Do When a Tenant Breaks the Lease Early? The tenant usually owes rent until you re-rent or the lease ends, and most states require you to try to re-rent. Military orders and abuse can end liability.
- What Happens to the Lease Agreement If Your Tenant Dies? A lease usually survives a tenant's death as a debt of the estate; Texas and Minnesota let it end early on set notice, and Virginia ends it at death.
Free rental property management tools. Manage rentals from your phone.
There are no fees for opening or using Tellus. Available on iOS and Android.