1. Rent and Fees
- ☐ Is the monthly rent clearly stated — and does it match what was advertised?
- ☐ Are there late fees, and when do they apply? Typically 3-5 day grace period after the due date.
- ☐ Is there an automatic rent increase clause — and if so, how much notice is required (typically 30-60 days)?
- ☐ Are there any hidden fees — amenity fees, trash valet, parking, 'administrative fees'? These should be listed explicitly.
- ☐ Is the payment method specified — and are there fees for certain payment types (ACH vs. credit card)?
- ☐ Is there a rent concession (free month, reduced first month) — and what happens if you break the lease early (do you have to pay it back)?
2. Security Deposit Terms
- ☐ How much is the security deposit? State laws often cap deposits at 1-2 months' rent.
- ☐ Is the deposit held in an interest-bearing account? Some states require this.
- ☐ What are the conditions for withholding the deposit? Normal wear and tear should NOT be deducted.
- ☐ How long after move-out does the landlord have to return the deposit? State laws vary — typically 14-45 days.
- ☐ Is there a move-in inspection checklist to document pre-existing damage? Complete this BEFORE moving furniture in, and take photos.
💡 Tip: Take dated photos and video of every room before move-in — walls, floors, appliances, fixtures. Email them to yourself and the landlord. This is your best protection against unfair deposit deductions.
3. Lease Term and Renewal
- ☐ Is the lease term clearly stated — start date and end date?
- ☐ Does the lease auto-renew, or does it convert to month-to-month at the end?
- ☐ If it auto-renews, how much notice do you need to give to cancel (typically 30-60 days before the end date)?
- ☐ What happens to the rent on renewal — is there a cap on increases, or is it at the landlord's discretion?
- ☐ Is there an early move-in or late move-out clause with prorated rent?
4. Maintenance and Repairs
- ☐ What is the landlord responsible for repairing? This should include structural, electrical, plumbing, heating/cooling, and major appliances.
- ☐ What are YOU responsible for? Light bulbs, air filters, minor upkeep is typical. Major systems should be the landlord's responsibility.
- ☐ How do you request repairs — and is there a required response time?
- ☐ If the unit becomes uninhabitable (fire, flood, no heat in winter), what are your rights — rent abatement, lease termination?
- ☐ Are you allowed to make modifications (paint, shelving, picture hanging)? If so, must you restore to original condition on move-out?
5. Subletting and Guests
- ☐ Are you allowed to sublet the unit — and is landlord approval required? Most leases require written landlord consent.
- ☐ Can the landlord unreasonably withhold consent for a sublet? The lease should say 'consent not to be unreasonably withheld.'
- ☐ How long can guests stay before they're considered unauthorized occupants? Typically 7-14 consecutive days.
- ☐ Is there a fee or rent increase for adding a roommate? Some leases charge extra for additional occupants.
6. Pet Policy
- ☐ Are pets allowed — and if so, what types, breeds, and sizes?
- ☐ Is there a pet deposit or monthly pet rent? Some states cap pet fees.
- ☐ Are service animals and emotional support animals (ESAs) explicitly addressed? Under federal law, they're not 'pets' and cannot be subject to pet fees.
- ☐ What are the consequences of an unauthorized pet — fines, lease termination?
7. Utilities and Services
- ☐ Which utilities are included in rent (water, trash, gas) and which are you responsible for (electricity, internet, cable)?
- ☐ If utilities are split among multiple tenants, how is the split calculated — by unit, by square footage, or by occupants?
- ☐ Are there mandatory service bundles (cable + internet package) you must pay for?
- ☐ Is there a utility cap or is it unlimited? Some leases cap included utilities and bill you for overages.
8. Building Rules and Restrictions
- ☐ Are there noise restrictions or quiet hours that affect your lifestyle?
- ☐ Are there restrictions on home-based businesses? If you work from home, make sure this is allowed.
- ☐ Is smoking permitted — in the unit, on balconies, or anywhere on the property?
- ☐ Are there parking rules — assigned spots, guest parking, fees for additional vehicles?
- ☐ Are there restrictions on decorations, holiday lights, or balcony furniture?
9. Early Termination and Breaking the Lease
- ☐ What is the penalty for breaking the lease early? Typically 1-2 months' rent or rent until re-rented.
- ☐ Is there an early termination clause with a fixed buyout fee — or is it at the landlord's discretion?
- ☐ Are there specific circumstances that allow penalty-free termination — military deployment, domestic violence, job relocation? Some states require these.
- ☐ Does the landlord have a duty to mitigate damages (try to re-rent the unit) if you break the lease? Most states require this.
- ☐ Can the landlord terminate YOUR lease early — and under what conditions (sale of property, renovation, owner move-in)?
💡 Tip: Even without an early termination clause, most states require the landlord to make reasonable efforts to re-rent. You're typically only liable for rent during the vacancy period, not the entire remaining lease. Document your move-out and the unit's condition.
How to Use This Checklist
Go through each section carefully. Mark any items that need clarification or negotiation. Pay special attention to security deposit terms, maintenance responsibilities, and early termination penalties — these are the areas where disputes most commonly arise.
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