Important Clauses to Include in Any Fair Lease Agreement

You might be wondering, “Where can I get a rental agreement form that has everything I need?”. Luckily, online templates let you add common extra clauses to keep everything fair. In this post, we’ll look at nine lease clauses worth adding to your agreement.

1. Repair Responsibility Clarification

Too many leases are vague about who’s responsible for repairs, leaving tenants to pick up after a landlord’s mess. They might rely on the tenant fixing the issue themselves, even when it’s undeniably the landlord’s responsibility.

Your lease should clarify the landlord’s duties, up to and including repairs. If the tenant must pay for repairs for any reason, there should be a maximum cap, so make sure this is also included in your rental lease.

2. The Right to Withhold Rent

Withholding rent is a risky move in any situation, even ones where the landlord has failed to live up to their responsibilities. However, you may enshrine it in your lease to give yourself recourse, especially if they don’t repair the property.

Your lease will ideally give a timeframe for when you’ll start withholding rent. This could be 7-10 days after bringing a problem to their attention. Alternatively, repair-and-deduct means you’ll pay for repairs using your rent.

3. Early Termination Clause

Any big life change (such as a new career, a death in the family, or your financial situation) could make staying where you are impractical, if not impossible. Without the right clause, though, you won’t be able to end the lease.

Negotiate a clause that lets you leave early, perhaps in return for 1-2 months’ rent or needing to find a replacement. Your lease must outline valid reasons that allow you to end the contract, and any compromises you’ll make.

4. Subletting Flexibility

Most leases say nothing about subletting, leaving it up to the landlord’s discretion when the time comes. Putting this in your contract early on helps if you need to leave for a while or simply want the extra company.

Be prepared for your landlord to push back against these requests. After all, they wouldn’t make money from this. Don’t sublet the property without discussing it first, or your landlord might take legal action in response.

5. Pest-Free Guarantee

Your landlord has a general responsibility to keep the property free of pests, bedbugs, and other similar issues (such as mold). However, you can use your lease to request that they perform an inspection proving this before you move in.

If there are any problems, the landlord will then have to cover treatment costs. This should also be the case for any infestations that aren’t the tenant’s fault, even if they begin after the tenancy.

6. Entry Notice Requirements

Under US law, most states forbid landlords from entering the property for non-essential reasons unless they give 24-48 hours’ notice. If you’re in a state without this (such as Idaho or Missouri), put it in your lease.

You shouldn’t have to worry about your landlord doing random inspections or otherwise entering your space at any time. However, it’s worth stating that they can only come in during reasonable hours, such as between 9 a.m. and 6 p.m.

7. Rent Increase Cap

Try to negotiate a cap on annual rent increases; this can help the property remain affordable for much longer. Most leases with a clause like this usually go for a 5% cap, though some landlords will argue for higher.

Even if you can’t get a fair cap, you should still have the right of first refusal. This lets you refuse the landlord’s offer before they seek out other tenants, letting you find another place on short notice.

8. Rent Grace Period

On the topic of rent, most tenancies have a 3-5 day grace period where late rent payments don’t incur an extra charge. Putting this in your contract stops you from paying extortionate sums just one day after the deadline.

You should also try to cap the late fee, or the landlord may simply ask for too much. A maximum of $50 or 5% of the original payment is usually a fair compromise for everyone.

9. “No Waiver” Clause

This provision helps guarantee that your or your landlord’s leniency with the lease doesn’t void it entirely. For example, landlords won’t be able to selectively enforce rules or ignore them for a long while before randomly starting to enforce them.

Similarly, if you let a landlord come into the property unannounced once, they won’t suddenly be allowed to do so whenever they desire. You’ll still have the right to privacy, and can enforce this as you wish.

Final Thoughts

An online template lets you customize your lease and add extra clauses that fit your situation, or give you the protections you need as a renter. With enough negotiation, you’ll get a contract that you’re happy to sign.