What to include in an apartment lease: the clauses that matter
An apartment lease needs the parties, the unit, the term, the rent and how it is paid, late fees, the deposit, utilities, repairs, entry, occupancy, pets, renewal and early termination, plus every disclosure your building requires. The one federal disclosure most owners face is lead-based paint for buildings built before 1978, under the federal lead disclosure rule. States then cap or shape several clauses, such as late fees and deposits, so a lease from one state can be partly void in another.
The core clauses
| Clause | What it should say | Common gap |
|---|---|---|
| Parties | Every adult tenant by full name, and the owner (the LLC, if one LLC owns the property) with a notice address | Lease signed in the owner's personal name when the LLC owns the building |
| Premises | Unit number, address, parking space, storage | Parking left out, then disputed |
| Term | Start and end dates; what happens at the end | No rule for staying past the end date |
| Rent | Amount, due date, where and how to pay, the memo to use | No payment method named |
| Late fee | Grace period and amount, within your state's cap | A fee your state does not allow |
| Deposit | Amount, where held, how and when it is returned | Amount above the state cap |
| Utilities | Which the owner pays and which the tenant pays | "Tenant pays utilities" with shared meters |
| Repairs and requests | How to report a problem and what counts as an emergency | No emergency contact |
| Entry | Notice you give before entering, and emergencies | Notice shorter than state law |
| Occupancy | Who may live there, guest limits | Limits that target families rather than space |
| Pets and animals | Pet rules, fees, and that assistance animal requests follow the law | A ban with no reference to disability rules |
| Renewal and notice | How either side ends or renews | No notice period |
| Early termination | Any buyout option or fee, as your state allows | Missing, so a move-out turns into a dispute |
The lead paint disclosure (buildings built before 1978)
Under the federal disclosure rule described on the EPA's real estate disclosure page, before a tenant is bound by a lease on most housing built before 1978 you must:
- Give the EPA pamphlet 'Protect Your Family From Lead in Your Home'.
- Disclose any known lead-based paint or hazards, including where they are and their condition.
- Provide all available records and reports, including, in a multi-unit building, reports on common areas and other units from building-wide checks.
- Include a Lead Warning Statement in the lease or as an attachment, in the same language as the lease.
- Keep a signed copy of the disclosure for three years after the lease begins.
EPA lists exemptions: zero-bedroom units such as studios, leases of 100 days or less with no renewal, housing for older people or people with disabilities (unless a child under six lives there or is expected to), and housing certified lead-based paint free. You do not have to test for lead to comply, and skipping the disclosure can bring penalties.
State limits that rewrite lease clauses
Some of the most common lease clauses are capped by state law. New York shows how specific the limits get:
- Late fees: only after rent is five days late, and no more than $50 or 5 percent of the monthly rent, whichever is less (RPL 238-a).
- Late notice: if rent is not received within five days of the due date, the landlord must send written notice by certified mail; failing to do so can be raised as a defense in a nonpayment case (RPL 235-e).
- Deposits: no more than one month's rent for most units (GOL 7-108).
- Waivers: a lease clause that waives the RPL 238-a protections is void.
Example a made-up New York lease sets rent at $1,450. Five percent of that is $72.50, so the late fee is capped at $50, the lesser amount, and it can only be charged once rent is five days late. The deposit can be at most $1,450. A lease template copied from another state with a $100 late fee and a two-month deposit would break both rules.
Washington requires a written lease whenever you collect a deposit (RCW 59.18.260). Florida lets the lease include an early termination fee only through a separate signed addendum, capped at two months' rent (Fla. Stat. 83.595). Use a lease written for your state, and have your attorney review it once.
Write it so it gets followed
- Put the money terms (rent, due date, late fee, deposit, other fees) in a summary box on page one.
- Name one payment method and the memo the tenant should use, so payments are easy to match.
- Use the same lease for every unit in a building, changing only the unit facts.
- List every attachment: lead disclosure, house rules, move-in condition report, parking addendum.
- Give every signer a complete copy, attachments included.
Leases and DoorKeeping
DoorKeeping sends the lease for e-signature and handles the money side too: tenants pay your own bank directly by bank transfer, or Zelle where your bank supports it, with a memo like 12B SMITH and an exact amount with its own cents, and DoorKeeping never holds the rent. Each property's own books record the deposit it holds. DoorKeeping costs $2 per unit per month and gives no legal advice about lease terms.
Sources
- EPA, Real Estate Disclosures about Potential Lead Hazards, read Oct 29, 2026
- New York Real Property Law 238-a, read Oct 29, 2026
- New York Real Property Law 235-e, read Oct 29, 2026
- New York General Obligations Law 7-108, read Oct 29, 2026
- Washington RCW 59.18.260, read Oct 29, 2026
- Florida Statutes 83.595, read Oct 29, 2026
Questions
- Do I need a lead paint disclosure for every apartment?
- Only for housing built before 1978, minus EPA's exemptions such as zero-bedroom units, leases of 100 days or less, and housing certified lead-based paint free.
- How long must I keep the lead disclosure?
- Three years after the lease begins, according to EPA. Keep the copy signed by the tenant.
- Can I use a free lease template from the internet?
- Only if it is written for your state and you check its fees, deposit and notice clauses against your state law. A clause your state forbids can be void.