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Lease Agreement Guide

What a lease must cover, landlord vs. tenant protections, and the state-specific rules that catch people out.

Updated 2026-08-01·7 min read·Reviewed by AG FinTax

A lease agreement is a binding contract between landlord and tenant. It's also one of the most state-specific documents you can sign — landlord-tenant law, required disclosures, and notice rules differ dramatically from state to state.

Residential vs. commercial

  • Residential leases must include habitability protections, required disclosures, and state-mandated notice rules.
  • Commercial leases add a "use of premises" clause (what the tenant is allowed to do there) and typically shift more maintenance risk to the tenant.

Pick the right one up front — they're different documents with different obligations.

The terms every lease needs

  • Rent, deposit, and due date — plus late fees and a grace period.
  • Lease term — fixed start/end dates, or month-to-month.
  • Entry notice — how much notice the landlord must give before entering (24h vs 48h by state).
  • Pets — allowed or not, and any pet deposit.
  • Utilities — who pays for what.
  • Maintenance — who handles structural vs. appliance issues.
  • Subletting — allowed with consent, or not at all.

The state-specific disclosures that catch people out

  • Lead paint — federal rules require a lead-paint disclosure for *all* pre-1978 housing.
  • Mold — states like TX, CA, NJ, OR, and ME add mold-specific disclosures.
  • Premises alerts — some states (NJ) require notice of unresolved code violations.
  • Security-deposit caps and return deadlines — set by state law, and they vary a lot.
Skipping a required disclosure doesn't just cost goodwill — in many states it can void your right to evict or expose you to statutory damages.

Make it legal

  • Both parties sign (check your state for any wet-signature requirement).
  • Deliver the move-in inspection checklist and lead-paint disclosure (if pre-1978).
  • Issue the security-deposit receipt where your state requires one.

A state-specific lease with the right disclosures built in is what our drafting team does — start here.

Related lease variants

  • [Commercial Lease](/legal-documents/commercial-lease) — office, retail, or industrial space with triple-net and gross lease structures.
  • [Sublease Agreement](/legal-documents/sublease-agreement) — renting all or part of your leased space to a subtenant with landlord consent.
  • [Lease Amendment](/legal-documents/lease-amendment) — modify specific terms of an existing lease without replacing the whole agreement.
  • [Lease Termination Notice](/legal-documents/lease-termination-notice) — formally end a month-to-month or periodic tenancy per state notice rules.

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This guide is general information, not legal, tax, or accounting advice for your specific situation. State rules and fees change. For decisions that matter, review your plan with a licensed professional — AG FinTax's CPAs are available. See our disclaimer.