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Can a Landlord Change a Lease After It Has Been Signed?
If you’re asking, “Can a landlord change a lease after it has been signed?” we’re glad you stopped by to find out....
Key clauses in lease agreements aren’t there to make rental contracts look fancy; they act as a safety net to protect landlords when issues arise.
Accidentally leave one or two of them out, and you could face missed rent, property damage, costly legal disputes, or a landlord’s worst nightmare: squatters. Do you really want to roll the dice on a lease that leaves you vulnerable?
The best way to protect your investment is with a state-specific rental contract that includes clear, legally sound terms. To help, we’ve outlined 15 must-have lease clauses, explaining why each matters and how understanding them will help keep you compliant and conflict-free.
Keep reading to educate yourself about the top lease clauses, or skip the learning curve and use our lease agreement generator to create your next iron-clad rental contract in just 15 minutes or less.
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What is a lease agreement clause, exactly?
A lease agreement clause is a section of the rental contract that outlines a specific right, rule, or responsibility for both landlords and tenants. Each clause covers a single topic and provides clear direction to both parties.
For example, a “Grace Periods and Late Fees” clause will explain when rent is due, outline any allowed grace periods, and specify penalties for late payments.
Well-crafted clauses help prevent mix-ups, reduce the likelihood of legal disputes, and set clear expectations from the get-go. While lease laws vary by state, the clauses below reflect best practices that apply in most rental situations across the country.
15 Essential Lease Agreement Clauses for Landlords
Below are the essential clauses all landlords must include in lease agreements. Without these, rental contracts are liable to implode (and leave a huge mess for you to clean up).
Rent Amount and Due Date
Real estate investment portfolios fall to pieces without rent payments.
That’s why every lease must clearly state the monthly rent amount, due date, and the method by which tenants will make payments. Establishing these terms sets clear expectations, reduces the likelihood of missed payments, and gives landlords the authority to take action when they don’t receive rent.
Security Deposit Terms
Security deposits protect landlords when tenants damage the property, vacate before their lease is up, or fail to pay rent. Add clear terms that follow your state’s deposit laws, including the amount, where you’ll store it, whether it earns interest, and how and when you’ll return it.
Clarifying damage deposit rules in the lease will give you the grounds to recover losses tied to unpaid rent or damage from your tenant.
Grace Periods and Late Fees
For better or worse, tenants can legally pay rent after its due date in certain states without incurring late fees. In others, however, rent is due the moment it’s listed in the lease. Regardless of whether local laws allow extra time or not, be sure to include both the grace period and a late fee policy within your lease.
Setting enforceable rules around late rent encourages on-time payments and outlines clear consequences for tenants who fall behind.
Lease Term and Renewal
When does the lease begin? When does it end? Does it renew automatically? Can the tenant stay month-to-month afterwards? How much notice is required to end the contract?
Answer all of these questions in the lease by outlining the start and end dates, renewal terms, and notice requirements in unambiguous language. Clear terms help you avoid holdover tenants, prevent miscommunication, plan for turnover, and adjust rent as needed.
Occupancy Limits
Overcrowded rentals can lead to property damage, complaints from neighbors, and safety concerns. To avoid overcrowding, define clear occupancy limits in the lease (after reviewing state law) by listing approved tenants and requiring written permission for anyone else who wishes to move in.
Setting occupancy rules ahead of time will help discourage unauthorized residents and give landlords leverage to enforce lease terms if they discover too many people living in the unit.
Maintenance Responsibilities
Who cuts the grass? Who handles pest control? How should tenants report a leaky faucet? What happens if a tenant breaks something? What if repairs take longer than expected?
Every rental requires regular maintenance, and both the landlord and tenant share responsibility for keeping the property in good condition. To keep expectations clear, answer the questions above (and any additional ones) by outlining maintenance responsibilities within the rental contract.
Detailing maintenance duties in writing helps prevent confusion between both parties, limits repair delays, and ensures minor issues don’t turn into major ones.
Urgent Repairs and Emergency Access
Landlords are legally required to maintain safe and habitable rental properties, which means addressing broken appliances, faulty electrical systems, leaky roofs, and more (as promptly as possible).
Cover the landlord’s obligation to maintain habitability standards by clearly defining what qualifies as an emergency and how tenants should report urgent issues. Outline your expected response time and emphasize your right to enter the unit without notice in the event of an emergency.
Utilities and Services
Electricity, gas, heat, trash, sewer, internet…
The list goes on, and the bills keep rolling in. Unless the lease agreement explains who pays for what, you could end up footing all the utility bills. Be clear about which utilities the tenant handles and which, if any, are on you.
Assigning utility responsibilities reduces confusion and ensures tenants pay the bills they’ve agreed to cover.
Pet Policy
Do you allow pets? If so, how many? Are any breeds restricted? Is there a weight limit? What about pet rent or deposits?
Tenants need clear answers to these questions, so lay out your pet rules as clearly as possible in the lease agreement. Clarifying your policy will provide you with solid documentation to enforce your terms when tenants attempt to bend the rules and sneak their furry friends in.
Important legal note: Federal law does not classify service animals or emotional support animals as pets; therefore, landlords must accommodate them regardless.
Smoking/Vaping Policy
Tenants have pesky smoking and vaping habits that can stain walls, stink up a unit, or set off fire alarms. Address these potential issues directly in your rental contract by clearly stating whether smoking or vaping is permitted indoors, outdoors, on balconies, or anywhere else on the property.
Setting clear smoking and vaping rules in the lease will help protect the property, keep odors at bay, and prevent fire risks.
Use of Property and Illegal Activity
Whether running an illegal poker ring, manufacturing drugs, or hosting bareknuckle brawls in the garage, tenants can get creative in all the wrong ways. Stop unlawful activity before it starts by including an explicit use-of-property clause in your next lease.
Setting firm boundaries helps landlords avoid illegal activity, limit property damage, and maintain a safe and livable environment for everyone involved.
Pro tip: Another way to avoid renting to law-breaking tenants is to screen every applicant with a thorough background check.
Alterations to Property
If you’ve ever had to repair a rental unit after a tenant painted the walls or installed a DIY light fixture, you understand how quickly your property’s condition can go south. Avoid costly alterations by requiring tenants to obtain written approval before making any significant changes, such as painting, mounting TVs, or swapping hardware.
Setting clear limits on alterations will help you maintain your property’s value, reduce turnover times, and keep the unit ready for the next round of renters.
Renters Insurance Requirements
Fires, floods, break-ins, you name it; when disaster strikes, tenants often expect landlords to cover the costs. But, for better or worse, a landlord’s insurance won’t cover a tenant’s belongings. As such, every lease should require renters insurance and outline the minimum coverage, the required policyholders, and the due date for getting covered.
Requiring renters insurance shifts liability to the tenant and helps prevent disputes when property damage or loss occurs.
Landlord’s Access to Rental Unit
When can the landlord enter the unit? Do they need to give the tenant notice? How much notice is required? What if there’s an emergency? Can landlords enter for showings?
Answer all of these essential questions by checking your state’s landlord-tenant laws and including clear access rules in the lease. This clause should cover advance notice entry requirements, allowed reasons for entry, and timelines during emergencies.
Clarifying access rights up front builds trust with tenants, helps avoid accusations of landlord harassment, and reminds landlords when they’re allowed to enter the property.
Breaking the Lease and Early Termination Policy
Did you know that tenants are allowed to break their leases and leave early under certain circumstances?
Well, if your lease doesn’t explain how to handle lease-breaking, guess who’s left to pick up the pieces? That’s right. You.
To protect yourself, include a clear early termination policy in your lease by outlining valid reasons for voiding a lease, required notice, fees, and whether the tenant must compensate the landlord for lost rent if they vacate without a qualifying reason. Bracing for early exits provides landlords with a process to follow when tenants up and leave mid-lease.
Protect Your Rental Property with Iron-Clad Clauses
Key clauses only work if you properly implement them into your lease agreements. Thankfully, TurboTenant’s lease agreement generator can help you create solid, legally vetted rental contracts full of all the essential terms and clauses listed above.
Not to mention, our all-in-one software also helps landlords market properties, send rental applications, screen tenants, coordinate maintenance, collect rent, manage accounting, and more completely online.
Sign up for a free account today to streamline your rental operation in a hurry.
FAQ: Key Clauses in Lease Agreements
What are the most important clauses in a lease agreement?
Strong lease agreements include clear clauses regarding the rent amount, due dates, late fees, lease length, security deposits, maintenance responsibilities, rules about pets or prohibited activities, and generally any other terms you’ll find in this article.
Why should you include a late rent payment clause?
Late rent clauses outline grace periods, penalties, and the point at which rent officially becomes overdue. Clear policies help avoid confusion and give landlords a firm foundation to enforce payment rules.
What is a maintenance and repair clause in a lease?
Maintenance and repair clauses clarify who is responsible for fixing what, how to report problems, and which repairs are the tenant’s responsibility.
Why should a lease include a subletting clause?
Subletting clauses lay out if (and how) tenants can rent the unit to someone else. Without clear rules, unauthorized occupants can lead to legal and financial headaches. A strong clause helps landlords stay in control of who’s actually living on the property.
What does a lease termination clause cover?
A lease termination clause outlines the procedures for either party to terminate a lease agreement early, including the required notice periods, qualifying conditions, and any associated fees that may be applicable. Clear terms reduce disputes and help both landlords and tenants plan for unexpected early move-outs.
