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Residential lease agreement template

A balanced lease for renting a home: rent, deposit, term, utilities, repairs and notice, with the duties of landlord and tenant side by side. Housing law is local and largely mandatory, so read the section on local rules before you use it.

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Residential Lease Agreement

1. Parties and property

This residential lease (the Lease) is made between ______________ (the Landlord) and ______________ (the Tenant; if several people sign as Tenant, each of them is a Tenant). The Landlord rents to the Tenant the following property, for use as a private residence only: ______________ (the Property). Only the Tenant and the Tenant's household may live at the Property; subletting or assigning the Lease requires the Landlord's prior written consent, unless applicable law provides otherwise.

2. Term and ending the Lease

The Lease runs for ______________. The Tenant may end the Lease at the end of the term by giving at least ______________ written notice, and earlier where applicable law allows it or the Landlord agrees in writing. The Landlord may end the Lease or refuse to renew it only on the grounds, at the times and with the notice that applicable law permits. If neither Party ends the Lease, it renews or continues as provided by applicable law.

3. Rent

The rent is ______________. The Landlord will give the Tenant a receipt for each payment on request. The rent may only be increased as permitted by applicable law and with any written notice it requires. No late fee, penalty or other charge may be applied beyond what applicable law permits.

4. Security deposit

On signing, the Tenant pays a security deposit of ______________. It secures the Tenant's obligations, is not a payment of rent, and is held as required by applicable law. After the Tenant has moved out and returned the keys, the Landlord returns the deposit within the period set by applicable law, less any amounts that are due and justified (unpaid rent or charges, or the cost of repairing damage beyond normal wear and tear), with a written itemized statement of any deduction.

5. Utilities and charges

Any utility or service not allocated in this section is paid by the Party in whose name it is contracted, and the Landlord will provide supporting details for any charges the Tenant reimburses. Allocation of utilities and charges: ______________

6. Condition, use and insurance

Before the Tenant moves in, the Parties will inspect the Property together and sign a dated report on its condition (with an inventory if it is furnished), which is attached to the Lease; the same inspection is made when the Tenant moves out. The Tenant will use the Property with care, keep it clean, carry out minor routine upkeep and make no alterations without the Landlord's written consent. Each Party will hold the insurance that applicable law requires of it.

7. Repairs and access

The Landlord will deliver and keep the Property safe, habitable and in compliance with applicable housing standards, and will carry out within a reasonable time the repairs that are not the Tenant's responsibility. The Tenant will promptly report any defect or damage in writing and is responsible for damage caused by the Tenant, the household or guests, beyond normal wear and tear. The Landlord may enter the Property for inspections, repairs or viewings only as permitted by applicable law, at reasonable times and after giving at least 24 hours' notice or any longer notice the law requires, except in an emergency.

8. Required disclosures, governing law and general terms

The Landlord will provide the disclosures, certificates and notices required by applicable law (for example on energy performance, lead-based paint or safety), which form part of the Lease. Where a mandatory rule of applicable law conflicts with the Lease, that rule prevails and the rest of the Lease remains in force. The Lease is governed by the laws of ______________. It may only be amended in writing signed by both Parties and may be signed electronically.

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What a residential lease does

A residential lease (or rental agreement) gives a tenant the right to live in a property in exchange for rent, and sets the rules both sides follow until the tenant moves out. It is the first document a court or mediator reads in a dispute about rent, the deposit or repairs.

This template is for a home rented by an individual landlord or company to people who will live in it. It is not suited to commercial premises, holiday lets or a room in the landlord's own home, which follow different rules in many countries.

Local law comes first

Residential tenancies are among the most regulated contracts. In many countries and US states, the law fixes the minimum term, the maximum deposit and the deadline to return it, how rent can rise, how notice is given and which documents must be attached. A clause that contradicts these rules is generally void, and some places require an official form.

This template states that mandatory local rules prevail, but it cannot list them for you. Some examples:

  • France: the lease of a main home must follow the standard model lease (bail type) set by decree, with mandatory annexes such as the technical diagnostics file. Use that official model rather than this template.
  • United States: for housing built before 1978, federal law requires a lead-based paint disclosure and the EPA lead hazard pamphlet before the tenant is bound by the lease. Many states also cap deposits, set deadlines for returning them and require other disclosures.
  • Elsewhere: check rent control, registration, deposit protection and notice rules with a local housing authority, a tenants' or landlords' association, or a lawyer.

Clauses to get right

Most rental disputes turn on a handful of clauses. Fill them in precisely.

  • Parties: every adult tenant who will live in the property should sign, because only the people who sign are bound by the lease.
  • Property: the full address, the unit, and any parking space, storage or furniture included (with an inventory if it is furnished).
  • Rent: the amount, the due date, the payment method and which charges are included.
  • Deposit: an amount within the legal cap, how it is held, and what can be deducted from it.
  • Move-in report: a dated description of the condition of the property, ideally with photos, signed by both sides. Without it, damage is hard to prove at move-out.
  • Repairs and access: who repairs what, and how much notice the landlord gives before entering.
  • Notice: how and when each party may end the lease.

Signing a lease electronically

In the EU and the US, a lease can generally be signed with an electronic signature. In the US, the ESIGN Act excludes some documents, including notices of default or eviction under a rental agreement for a primary residence, so follow your state's rules for delivering those; the lease itself is not excluded.

Click Send it for signature and add the landlord and each tenant as signers; a free send covers up to 3 signers, and 5 sends a month are free with a free account. Tenants sign from their e-mail invitation without an account, or on the same device during an in-person signing.

SignQuick provides a simple electronic signature with an audit trail and a certificate, but no identity verification. If a local authority, a housing agency or a lender asks for a handwritten, notarized or qualified signature, follow their requirement, and remember to hand over the mandatory disclosures and annexes as well.

Questions

Can a lease be signed online?

In most cases, yes. Electronic signatures are recognised for leases in the EU (eIDAS) and the US (ESIGN Act and UETA). Check whether your country or state requires an official form, specific disclosures or a particular way of delivering them, which still apply when the lease is signed electronically.

Do all tenants need to sign the lease?

It is strongly advised. Only the people who sign are bound by the lease, so an adult occupant who does not sign may owe the landlord nothing under it. Some laws also give a tenant's spouse rights in the home regardless of who signed.

How much security deposit can a landlord ask for?

It depends on where the property is. Many jurisdictions set a cap, for example one month's rent excluding charges for an unfurnished main home in France, and several US states limit deposits to one or two months' rent. Check your local rule before filling in the amount.

Is this lease template valid in my country?

Its clauses are generic and balanced, but residential leases are governed by mandatory local rules and sometimes by an official form. Where those rules differ, they prevail over the template. In France, use the official standard lease for a main home; elsewhere, check with a local housing authority or a lawyer.

What is a move-in inspection report?

It is a dated written record of the condition of the property, room by room, signed by the landlord and the tenant when the tenant moves in, and compared with a second report at move-out. It is the main evidence used to decide whether deductions from the deposit are justified.

These templates are general starting points, not legal advice. Laws differ between countries and states: for anything important, have the final text checked by a professional.