Standard Lease Provisions

Most leases have standard provisions which set forth landlord and tenant rights and obligations. Such provisions include:

1. The names of the parties
2. A description of the rental property
3. The term, or length, of the lease
4. The amount of rent
5. The due date of the rent
6. The amount of the security deposit
7. Whether the tenant is subject to late fees
8. Maintenance responsibilities
9. Options to renew
10. Termination notice requirements
11. When the landlord may enter the rental property
12. Rules concerning pets

While leases or rental agreements do not have to be in writing to be valid, the terms of the agreement will be easier to enforce and the responsibilities of the parties will be clearer if the rental agreement is in writing.

Unenforceable Lease Clauses

Some clauses that appear in a written lease or rental agreement are, by the nature of the clause, unenforceable. These include:

• Agreements that the landlord can repossess property if the tenant falls behind in the rent
• Agreements allowing the landlord to enter the rental unit any time (without notice)
• Agreements that tenants will pay for all damages to the rental unit without regard to fault
• Agreements that court action entitles the landlord to more money than can be order by the court.