Top 50 Lease Clauses Every Landlord and Tenant Needs
- Dec 23, 2025
- 12 min read
A Landlord & Tenant Guide to Key Lease Clauses
Whether you’re a seasoned property manager or a first-time landlord creating your own lease, understanding the right lease clauses is essential. The fine print in a lease can prevent legal issues, reduce confusion, and protect your investment. This guide breaks down 50 of the most important lease clauses—each explained in plain English, with both landlord and tenant in mind.
Lease & Payment Terms (Core Financials)
1. Lease Term Clause
Defines the length of the rental period (e.g., 12 months, 6 months, or month-to-month) and includes the official start and end dates. This clause also sets expectations for when rent ends, when tenants must vacate, and what happens if either party wants to renew or terminate.
2. Lease Renewal & Non-Renewal Clause
Outlines whether the lease will automatically renew at the end of the term or require a written agreement. It should specify the notice period required by both landlord and tenant to renew or terminate, and whether terms—like rent amount—can change upon renewal. This clause prevents confusion, avoids automatic extensions, and gives both parties time to plan ahead.
3. Rent Due Date Clause
Specifies when rent is due each month and how tenants must pay—typically the 1st of the month. This clause eliminates confusion and gives landlords legal grounds for action if rent isn’t paid on time. It may also include acceptable payment methods like checks, ACH transfers, or online portals. Learn More »
4. Late Fee Clause
Outlines when a late fee applies, how much is charged, and if there's a grace period. This encourages on-time payments and protects landlords from cash flow disruptions. Without this clause, enforcing penalties for late rent becomes harder and legally murky.
5. Rent Increases Clause
Outlines how and when rent may be increased—usually tied to lease renewal or market reviews. This helps landlords raise rent predictably and legally, while giving tenants time to adjust or relocate.
6. Security Deposit Clause
Outlines the amount of the tenant’s security deposit, how it will be held, and what it may be used for—such as unpaid rent, property damage beyond normal wear and tear, or cleaning costs. It should specify when and how the deposit will be returned, any required interest, banking information (if mandated by law), and conditions for lawful deductions. A detailed clause protects both parties and ensures compliance with local and state regulations. Learn More »
7. Lease Buyout / Early Termination Clause
Provides tenants a way to terminate their lease early by paying a pre-set fee. While optional, this clause gives landlords a controlled way to release a tenant without waiving future claims or suffering income loss.
8. Holding Over Clause
This clause addresses what happens if a tenant stays in the rental unit after the lease has expired without signing a renewal. It may automatically convert the lease to a month-to-month tenancy or impose additional charges—often higher than the original rent. Including this clause helps landlords prevent unauthorized occupancy and ensures continued rent collection under clear terms.
Tenant Responsibilities & Occupancy
9. Occupancy Limit Clause
Limits the number of people who can legally live in the unit. This protects against overcrowding and reduces wear and tear on the property. In many areas, this also helps the landlord comply with local housing codes and zoning laws.
Pro-Tip: Roommates, guests, and occupancy limits can get complicated fast. Check out NOLO’s Tenant Rights Guide on Occupancy & Roommates for practical legal advice on how shared housing affects your lease and responsibilities.
10. Joint and Several Liability Clause
States that if multiple tenants sign the lease, each one is individually and collectively responsible for the full rent and any damages. This means the landlord can seek the total amount owed from any one tenant, regardless of internal agreements between roommates. It's a critical clause for landlords to ensure full accountability in shared rentals.
11. Guest Policy Clause
Outlines what constitutes a 'guest', how long guests can stay, how often they can visit, and when landlord approval is needed for extended stays. Helps prevent unauthorized occupants, excess wear, or lease violations. May also assign tenant responsibility for guest behavior and property damage. A strong guest policy balances tenant flexibility with landlord control.
"...first lease or a seasoned tenant reviewing a renewal, understanding lease clauses isn’t just helpful—it’s essential."
12. Guarantor or Cosigner Clause
Requires a third party to guarantee rent and lease obligations if the tenant defaults. Particularly useful for students or applicants with limited credit, this clause offers landlords added financial protection and peace of mind.
13. Use of Premises Clause
Specifies how the rental unit may (and may not) be used—typically for residential purposes only. This clause prevents tenants from operating unauthorized businesses, hosting illegal activities, or misusing the space in ways that violate zoning laws or insurance policies.
14. Subletting Clause
Outlines whether subleasing is allowed, and under what conditions—usually requiring written landlord approval. This helps landlords retain control over who lives in their property and ensures the original tenant remains liable for the lease.
15. Assignment Clause
Restricts the tenant from transferring the lease to another party without landlord approval. It protects the landlord from being stuck with an unknown or unqualified tenant, maintaining full control over tenancy changes.
Property Rules & Restrictions
16. Pets & Animals Clause
Outlines whether pets are permitted, and if so, specifies allowed species, breeds, sizes, and the number of animals. It should include details on pet deposits, monthly pet rent, and rules around noise, damage, and waste disposal. A well-drafted pet clause helps prevent unauthorized animals, reduces liability, and protects property integrity.
17. Smoking Policy Clause
Specifies whether smoking is allowed inside the unit, on balconies, or anywhere on the property. This clause helps reduce fire risk, odors, health concerns, and cleanup costs. In multi-unit buildings, it also helps prevent disputes between neighbors and protects shared air quality.
Pro-Tip: Want to make your building smoke-free the right way? Check out How to Go Smoke-Free: A Toolkit for Multi-Unit Housing — a step-by-step resource for property owners, managers, and residents looking to implement smoke-free policies that are both legal and enforceable.
18. House Rules Clause
Outlines day-to-day behavioral expectations for tenants and guests to help maintain a safe, quiet, and respectful environment. This may include rules on noise levels, trash disposal, parking, use of common areas, laundry facilities, and compliance with posted building policies. Violating house rules may be considered a lease violation and subject to penalties or eviction. While "House Rules" can be summarized in a clause, they are often included as a separate attachment or addendum to the lease.
19. Parking Clause
Covers whether parking is included, assigned, or requires an extra fee—and what happens if a vehicle is towed or improperly parked. Especially important in multifamily buildings or downtown areas where parking is limited.
20. HOA/COA Compliance Clause
If the property is part of a Homeowners or Condominium Owners Association, tenants must follow all applicable rules and bylaws. Tenants may be liable for fines caused by their actions or guests. Landlords should provide a copy of the rules to avoid misunderstandings and ensure community compliance.
21. Relocation Clause
Gives the landlord the right to relocate a tenant to a different unit (usually within the same property), often in commercial, mixed-use or multi-unit settings. Must be used carefully to avoid violating quiet enjoyment or appearing retaliatory.
Property Condition & Maintenance
22. Maintenance & Repairs Responsibility Clause
Outlines which maintenance tasks and repairs are the landlord’s responsibility (e.g., structural issues, HVAC, plumbing) versus the tenant’s (e.g., replacing light bulbs, keeping the unit clean). It should also clarify how and when tenants must report issues. This clause helps prevent disputes, ensures timely upkeep, and protects the property from neglect. Learn More »
23. Habitability & Repairs Clause
Reinforces the landlord’s duty to provide a livable, safe unit while setting boundaries on when and how tenants must report issues. This clause is often legally required and protects both parties by ensuring compliance with housing codes.
24. Repairs & Emergencies Clause
Clarifies what to do when something breaks and how apartment emergency repairs should be handled—including what is a maintenance emergency, who to call, response times, and acceptable costs. This prevents confusion during urgent situations and protects the landlord from unnecessary or unauthorized expenses.
25. Mold & Moisture Disclosure Clause
Outlines tenant and landlord responsibilities for preventing and addressing mold or excess moisture. Tenants must report leaks or signs of mold promptly, while landlords are required to remediate per health codes. The clause may also disclose potential mold risks and tips for prevention, helping reduce health hazards and legal liability.
26. Cleaning Clause
Outlines the tenant’s responsibility to maintain a clean unit during the lease and return it in good condition upon move-out. It may require tasks like professional carpet cleaning or full removal of belongings. The clause can also include a cleaning fee, used to cover deep cleaning or restoring the unit to rentable condition. A clear cleaning clause helps reduce turnover costs and avoid deposit disputes.
27. Utilities & Services Clause
Specifies which utilities—such as electricity, gas, water, internet, and trash—are covered by the landlord and which must be paid by the tenant. If utilities are included in the rent, the clause should also outline any usage limits or caps to prevent excessive consumption. Clear terms help avoid confusion, unexpected charges, or disputes over responsibility. Learn More »
28. Pest Control Clause
Clarifies who is responsible for pest prevention and remediation. Helps avoid finger-pointing when issues arise and ensures quick resolution to maintain habitability standards.
29. Exterior Structures & Additions Clause
Covers safety, liability, and maintenance for outdoor features like decks, patios, sheds, playsets, and pools. Tenants must report unsafe conditions and avoid use until repairs are made. Use is at the tenant’s own risk, and landlords aren’t liable for injuries or damage. This clause limits landlord liability and clarifies tenant responsibility for high-risk exterior areas.
Access, Insurance & Legal Framework
30. Insurance Requirement Clause
Requires tenants to carry renter’s insurance, often with a specified minimum coverage amount. This protects both the tenant and landlord in case of fire, theft, or liability claims. Landlords benefit by reducing legal exposure and avoiding disputes over damaged personal items. Proof of insurance may be required at move-in and periodically during the lease. Learn More »
31. Entry, Inspections & Showings Clause
Outlines when and why the landlord may legally enter the rental unit—such as for repairs, inspections, emergencies, or showings to prospective tenants or buyers. Typically requires 24–48 hours’ written notice unless urgent. This clause protects tenant privacy while allowing the landlord to maintain and market the property in compliance with state laws.
32. Loss of Use Clause
Explains that if the rental becomes uninhabitable due to events like fire or flooding, the landlord isn’t responsible for alternative housing unless legally required. It may also clarify if rent is reduced during repairs. This clause limits landlord liability—and highlights why tenants should carry renters insurance, which often covers temporary housing.
Pro-Tip: Renters insurance doesn’t just protect your belongings—it can also help cover temporary housing if your rental becomes uninhabitable. Learn more from the NAIC’s guide: Renting Your Home? Protect Your Belongings with Renters Insurance.
33. Quiet Enjoyment Clause
Guarantees the tenant’s legal right to peacefully occupy the rental without unreasonable disturbance from the landlord, neighbors, or other tenants. It also requires tenants to avoid disruptive behavior that infringes on others' peace. This mutual protection ensures a respectful living environment and reduces conflict in multi-unit properties.
34. Subordination Clause
States that the lease is subordinate to the mortgage, meaning a lender can terminate it in case of foreclosure. Often required by banks, this clause protects the landlord’s financing while informing tenants of the risk.
35. Right to Mortgage Clause
Gives the landlord the right to place or refinance a mortgage or deed of trust on the rental property during the lease term. This clause notifies tenants that their lease may be subject to the rights of a lender, especially in the case of foreclosure. While it doesn’t affect daily tenancy, it protects the landlord’s ability to secure or restructure financing. Learn More »
36. Lead Based Paint Disclosure Clause
For properties built before 1978, landlords must disclose any known lead-based paint or hazards. This includes providing tenants with a federal disclosure form, the EPA’s Protect Your Family from Lead in Your Home pamphlet, and any inspection reports. This clause ensures legal compliance and helps protect tenants—especially young children—from health risks.
Legal Protections & Disputes
37. Default & Remedies Clause
Defines what constitutes a lease default—like missed rent, unauthorized occupants, or illegal activity—and outlines the landlord’s remedies, including notices, eviction, or recovering damages. It includes the landlord’s rights to terminate the lease, pursue legal action, or recover damages. It’s a legal backbone for lease enforcement.
38. No Waiver Clause
States that if one party overlooks a violation of the lease (like a late payment), it doesn’t mean the rule is waived permanently. Protects landlords from inadvertently weakening enforcement of lease terms.
39. Liens Clause
Prohibits tenants from allowing any liens—like contractor or mechanics’ liens—to be placed on the property due to unpaid work or services. This protects the landlord’s ownership and requires tenants to resolve such claims quickly and cover any related costs or legal issues.
40. Surrender of Premises Clause
At the end of the lease term or upon early termination, the tenant agrees to vacate and return the rental unit in good, clean condition, free of personal belongings and trash. All keys, fobs, garage remotes, and access devices must be returned. Failure to surrender the premises properly may result in continued rent charges, additional fees, or legal action.
"Use this guide as a checklist, a reference point, or even a negotiation tool."
41. Severability Clause
States that if one part of the lease is found invalid or unenforceable in court, the rest of the lease still stands. This clause is a legal safeguard that protects the agreement as a whole.
42. Attorney’s Fees & Legal Costs Clause
This clause specifies that in the event of a legal dispute arising from the lease, the prevailing party is entitled to recover reasonable attorney’s fees and court costs. It helps discourage frivolous lawsuits and reinforces the lease’s enforceability, particularly benefiting landlords pursuing lease violations.
43. Estoppel Certificate Clause
Requires the tenant to confirm key facts about the lease—like rent amount, term, and that there are no disputes—if the landlord or lender requests it. Often used during property sales or refinancing, this clause helps third parties verify lease terms. Tenants typically must sign the certificate within a set number of days or risk default.
Pro-Tip: Estoppel certificates aren’t just paperwork—they help landlords verify lease terms during a sale or refinance. Learn what tenants need to know before signing in What is a Tenant Estoppel Certificate, and Why Is It Needed? by CommLoan.
44. Force Majeure Clause
Excuses both parties from fulfilling lease obligations due to unforeseeable events like natural disasters or government shutdowns. Especially relevant post-COVID, this clause can prevent legal battles over situations beyond anyone’s control.
45. Successors and Assigns Clause
Specifies that all lease rights and responsibilities extend to future owners, heirs, or assigned parties. This ensures the lease stays valid if the property is sold or inherited, providing continuity and clarity for both landlord and tenant.
Risk, Exit & Edge Case Clauses
46. Governing Law Clause
Specifies which state’s laws will govern the interpretation, enforcement, and validity of the lease agreement. This is essential when the landlord resides in a different state than the rental property or operates in multiple jurisdictions. A clear governing law clause ensures that all disputes are resolved under a known and relevant legal framework, reducing ambiguity and simplifying legal proceedings.
47. Abandonment Clause
Defines what constitutes abandonment (e.g., absence + unpaid rent + empty unit) and what the landlord may do—like re-enter, re-rent, or dispose of property. Helps prevent legal gray areas in “ghost tenant” situations.
48. Alterations & Modifications Clause
States that tenants may not make changes to the property—like painting, remodeling, or installing fixtures—without written consent. This clause helps landlords protect their property’s condition and avoid unauthorized renovations that might reduce value or violate building codes.
Pro-Tip: Repainting? Use our Rental Paint Approval System — a free, automated form for tenants and landlords. Submit paint details (room, color, sheen), and it instantly time-stamps, emails your landlord, and sends you a copy. No PDFs, no setup — just fast, secure approval from anywhere, on any property.
49. Miscellaneous Terms & Conditions Clause
Covers additional provisions required by law or specific to the rental. This may include early termination rights, subletting policies, flood or chemical hazard disclosures, anti-discrimination statements, permitted use of common areas, official move-in dates, and whether tenants are allowed to operate a business from the property. These terms help fill in legal or logistical gaps not covered in other clauses.
50. Entire Agreement Clause
States that the lease (and any attached addenda) represents the full agreement between the parties. Prevents tenants from later claiming that verbal promises or side agreements were part of the deal.
Wrap-Up: Use These Lease Clauses to Strengthen Any Rental Agreement
Whether you're a first-time landlord drafting your first lease or a seasoned tenant reviewing a renewal, understanding lease clauses isn’t just helpful—it’s essential. These 50 terms can be the difference between smooth sailing and costly disputes.
Use this guide as a checklist, a reference point, or even a negotiation tool. And remember, while this post helps break down complex concepts, it’s not a substitute for professional legal advice—when in doubt, consult an attorney who specializes in landlord-tenant law. Protect your interests, stay informed, and write (or sign) smarter leases.
Related Reads You Might Like:
Want more lease insights?
About the Author Ricardo Reis - Learn About Ricardo
Entrepreneur, Inventor, Investor, Military Veteran. Ricardo is a member of G3 Management & Investments a division of Great Lakes Real Estate and a real estate professional. He is a successful real estate investor and property professional with over 15 years of experience.
DISCLAIMER - NOT INVESTMENT, FINANCIAL, LEGAL, TAX, OR OTHER ADVICE: This blog is for informational purposes only and not a substitute for professional advice. We do not offer advice, solicitation, recommendations, or endorsements. You are solely responsible for evaluating the information's merits and risks. Always consult a qualified professional before acting.