What is an Apartment Rental Agreement?

An Apartment Rental Agreement is a legal document between a tenant and a landlord. It contains the rental terms needed for a period of time in exchange for monthly rent. This agreement is legally binding once both parties have signed.

How to fill out an Apartment Rental Agreement?

In the first paragraph, enter the following information in the spaces provided:

Item A

Enter the full name of your tenant.

Item B

Enter your full name.

Item C

Enter the city where your apartment is located.

Item D

Enter the state where your apartment is located.

Item E

Enter your apartment number.

Number of Rooms

Enter the correct number of rooms in the spaces provided. You must specify what kind of rooms your apartment consists of. The room classifications are the following:

Bedroom
Family Room
Bathroom
Storage Unit
Kitchen
Living Room

Rooms not included in the list must be entered in the space provided.

Initial Payments

Enter the name of your tenant in the space provided.
Enter the correct sum of your tenant’s initial payment in the space provided.
Mark the “Cash” box if the tenant paid in cash; otherwise, mark the “Check” box.

Payment Terms

Rent for period

Enter the beginning and end date for the rent period of your tenant. Afterward, enter the correct amount in the space provided.

Last Month’s Rent

Enter the correct amount of your tenant’s rent in the previous month.

Refundable Security Deposit

Enter the correct amount of your tenant’s refundable security deposit. This is the amount given to owners to ensure that their tenants will fulfill the agreement of lease. The tenant may get their money back if they do not damage the apartment.

Non-refundable Security Deposit

Enter the correct amount of your tenant’s non-refundable security deposit. You may retain the tenant’s security deposit if they damaged the apartment or have an outstanding rent.

Others

Specify other payments needed to be made by the tenant. Afterward, enter the correct amount in the space provided.

Total

Enter the total amount of your tenant’s payment in the space provided.

Item 1. Term

Enter the beginning date of the rental period in the space provided.
Enter the ending date of the rental period. You may select:
- On a lease basis until the ending date you’ve specified on the space provided.
- On a month-to-month basis until either party terminates by written notice 15 days prior to the end of the rental period.

Item 2. Rent

Enter the correct amount of rent per month.
Enter the date wherein advance payments should be made.
Enter the address where the payment should be sent.
Enter the correct amount of the late charge fee. The tenant must pay this fee if he or she does not pay the rent within five days after the due date.

Item 3. Use and Occupancy

Enter the number of adults residing in the apartment.
Enter the number of children residing in the apartment.

Item 4. Utilities

Mark the utilities and services you will be shouldering. You may select:

Water
Sewer
Gas
Electricity
Others - Specify other utilities and services not stated in the list on the space provided.

Item 5. Disclosure

You must provide your full name, current address, and telephone number.

Item 6. Pets

Enter the type of pets you’ll allow to reside in the apartment.

Item 7. Ordinances and Statutes

Both you and the tenant must comply with all laws, health codes, and regulations of all municipal, state, and federal governments.

Item 8. Assignment and Subletting

The tenant must not assign or sublet leased premises without your prior consent.

Item 9. Maintenance, Repairs, and Alterations

Any equipment malfunction is presumed to be your responsibility and not the fault of the tenant. The tenant is not allowed to modify the premises unless you’ve given him or her permission.

Item 10. Entry and Inspection

Enter the start and end dates of your agents to enter the tenant’s premises for inspection in the spaces provided.

Item 11. Possession

If you’re unable to deliver the possession of premises based on the agreement, the tenant shall not be liable for rent.

Item 12. Deposits

The security deposit agreed upon by both parties will secure the tenant’s performance regarding the rules that were set. Any refundable security deposit will be sent to the tenant’s new mailing address within 30 days.

Item 13. Waiver

Your acceptance of partial payments will not be considered as a waiver of your right to the full amount of rent in the future months.

Item 14. Notices

All notices will be given in accordance with local ordinance and state law.

Item 15. Hold Over

If your tenant continues to live in the apartment after the termination of this agreement and you accept their rent for that month, the tenancy will continue as a month-to-month tenancy.

Item 16. Reimbursement by Tenant

The tenant must reimburse you for any damages he or she caused due to negligent or intentional acts.

Item 17. Repair Time Periods

You must repair utilities that pose a threat to your client. Enter the number of hours it will take for you to repair the following utilities:

Inoperable toilet
Broken exterior door or lock
Disconnection of utilities caused by the owner
Inoperable hot water source
Inoperable heating source
Leaking plumbing or fixtures
Inoperable kitchen appliances or fixtures
Inoperable electrical fixture
Other repairs affecting health or safety

Item 18. Repair and Deduct

If the necessary repairs haven’t been completed according to the hours set, the tenant will have the right to have the repairs performed by licensed contractors. The cost of those repairs will be deducted from the monthly rent.

Item 19. Retaliatory Eviction

You are prohibited from terminating this lease agreement or threatening the tenant if he or she happens to complain about building, housing, health, or other code violations.

Item 20. Habitability

You must make sure that your apartment is fit for human habitation.

Item 21. Owner Disclosure

Enter the current termination notices from utility providers to the unit or common areas of the building in the space provided.
Enter the current uncorrected building or health code violations that were included in a deficiency list from a government entity in the space provided.

Item 22. Nondiscrimination

You must treat all persons fairly and equally regardless of race, color, religion, sex, familial status, handicap, nationality, source of income, or sexual orientation.

Item 23. Mediation to Resolve Disputes

Both you and the tenant must utilize mediation to attempt to resolve any dispute regarding the terms of this agreement.

Item 24. Entire Agreement

This lease agreement can only be modified by writing signed by both parties.

Both you and your tenant must enter your names and affix your signatures on the spaces provided.

Frequently Asked Questions About an Apartment Rental Agreement

What are the 3 types of rental agreements?

The three types of rental agreements are as follows:

A fixed-term lease is a rental agreement in which the landlord and tenant agree that the tenant will rent a unit for a certain amount of time, such as one year. If either party violates the terms of the lease—for instance, if the tenant fails to pay rent or moves out early—the other party may be entitled to a remedy.
A periodic lease is an open-ended rental agreement in which the landlord and tenant agree that the tenant will rent a unit on a month-to-month basis. This type of lease can come up by default if a tenant stays past the end of a fixed-term lease but does not sign another contract—for instance, if the tenant stays on a month to month after the end of a yearly lease.
A tenancy for years is a rental agreement in which the landlord and tenant agree that the tenant will rent a unit for an amount of time longer than one year, but does not specify how long. For example, tenancies for years typically come up when the tenant stays past the end of a one-year lease but does not want to sign another yearly contract, or when the landlord agrees that the tenant can stay in her unit longer than one year. From the perspective of most tenants, tenancies for years are like normal periodic leases. But if either party violates the agreement—for instance, if the tenant fails to pay rent or moves out early—the other party may be entitled to a remedy.

What is usually in a rental agreement?

A rental agreement must have all the terms and conditions that a landlord and a tenant agree on for living in a rental property. There are a few standard clauses that must be included in all residential rental agreements no matter how many rooms or units you have in your single-family home or apartment building.

In general, the following are the important elements a rental agreement should have:

The address of the rental property and the name and contact information of the landlord.
The amount of the rent, the date it is due, and any grace period that may be offered.
A list of all authorized occupants of the property and their contact information.
Details on who is responsible for paying for utilities, such as water, heat, and electricity.
The length of the lease agreement and whether it is automatically renewable or not.
The amount of security deposit that will be collected and when it is due.
Rules about pets, noise, and guests that all tenants must follow.
Details on additional fees, which may include late rent fees, application fees, and pet deposits.
The type of rental agreement that is being used (written or oral) along with the date that it was signed by all parties.
When the tenancy began and when it will end if there is not a specific lease period mentioned.
Signature lines for the landlord, tenant, and any witnesses.

Landlords and tenants should always review a lease agreement before signing it to make sure that they understand all of the terms and conditions. If there are any questions or concerns, they should be addressed before putting pen to paper. It is also important to remember that a rental agreement can be changed, but both the landlord and tenant must agree to the changes in writing. Any changes that are made should be dated, signed, and kept on file.

What are the obligations of the renter in a rental agreement?

A renter has several obligations when entering into a rental agreement with a landlord. These obligations include paying rent on time, not damaging the property, and not disturbing other residents. If a renter fails to meet any of these obligations, the landlord may take action.

Here are some of the major obligations of a renter:

Payment of rent on time — A renter must always pay rent on time, as agreed to in the rental agreement. If rent is not paid on time, the landlord may take legal action to evict the tenant.
Respecting other residents and the property — A renter must not disturb other residents or damage the property in any way. If a renter does cause damage, the landlord may seek compensation from the tenant.
Keeping the property clean and free of debris — A renter must keep the property clean and free of any unwanted items or debris. The tenant is also responsible for disposing of trash properly.
Not using the property for illegal activities — A renter must not engage in illegal activity on the premises, such as drug trafficking or other criminal acts. This is a direct violation of the rental agreement and may result in eviction.
Not subletting the unit — A tenant may only use his or her own name on a rental agreement and cannot sublet the property to another person. If a tenant does sublet, the landlord may seek eviction of both parties.
Not staying in the unit beyond the lease agreement — A renter who stays past his or her agreed-upon lease term has essentially taken over possession of the residence and is now illegally occupying it. If this occurs, the landlord has the right to evict the tenant.
Paying any applicable fees — A renter may be responsible for paying certain fees, such as late payment fees or damage fees, depending on the terms of the rental agreement. It is important to read and understand all aspects of the agreement before signing it.

By understanding these key renter obligations, tenants can avoid any potential issues with their landlords. If any problems do occur, it is important to take action quickly and seek legal assistance if necessary.

Can we break a rental agreement?

You can terminate a rental agreement according to your needs; however, terminating it when you don't have a legal reason to do so can be costly and have consequences.

If you have a valid reason to end your rental agreement, such as the landlord failing to perform his or her duties, then it's important to understand the specific steps you need to take in order to terminate the lease properly. If you simply stop paying rent or move out without giving proper notice, you may be held liable for the remainder of the lease term, as well as any damages the landlord incurs as a result of your actions.

On the other hand, if you have a valid reason to end your rental agreement but don't follow the correct termination procedure, you may still be held liable. For example, if you don't give proper written notice to end your lease, then you may be held liable for the remainder of the contract term.

Before terminating your rental agreement, you must review the terms and conditions of the agreement to ensure that you are doing so for a valid reason. You should also familiarize yourself with the specific steps required to terminate the lease, as well as any potential consequences.

If you have any questions about terminating your rental agreement or need help understanding your rights and responsibilities as a tenant, be sure to contact an experienced landlord-tenant lawyer in your area. The bottom line is that if you don't have a valid reason to end your rental agreement, it's best to seek legal assistance to do so. An experienced landlord-tenant lawyer can help you understand your rights and responsibilities and can guide you through the termination process. Doing so can save you time, money, and aggravation in the long run.

What are the valid reasons to terminate a rental agreement?

You can end your lease agreement early for any number of reasons, but only those that are considered legal grounds under the law will result in no penalty.

The legal grounds for ending a rental agreement vary depending on the type of lease involved — month-to-month or fixed term — and whether you have fulfilled your obligations under the agreement. In general, here are some common reasons to terminate a tenancy:

The tenant has violated the lease agreement — If the tenant has breached the lease agreement — for example, by failing to pay rent or by damaging the property — the landlord may terminate the tenancy.
The tenant is no longer using the property as their primary residence — If the tenant moves out and no longer uses the property as their primary residence, the landlord may terminate the tenancy.
The tenant is creating a public nuisance — If the tenant is causing a disturbance that interferes with the peaceful enjoyment of other tenants or the property, the landlord may terminate the tenancy.
The tenant is not following state or local laws — If the tenant or a guest does anything illegal on the property, such as using illegal drugs, the landlord may terminate the tenancy.
The tenant is causing damage to property — If the tenant intentionally damages property, such as breaking windows or damaging the roof after an argument with other tenants, then the landlord may terminate the tenancy.
The tenant has failed to maintain the property in a reasonable condition — If the tenant does not take care of basic repairs, such as fixing a leaky roof, the landlord may terminate the tenancy.
The landlord needs to use the property for their own personal use or business purposes — If the landlord only has one rental property, and they want to move in or use it for business purposes, such as renting out an apartment in a building where the owner also lives, then the landlord may terminate the tenancy.
The tenant is not complying with local ordinances or health laws — If the tenant does not properly dispose of trash or does not comply with local health ordinances, the landlord may terminate the tenancy.
The tenant is using the property for illegal purposes — If the tenant is using the property to engage in illegal activities, such as running a prostitution ring out of a house, the landlord may terminate the tenancy.
The tenant is a threat to the property or other tenants — If the tenant creates a situation that threatens others, such as by threatening to shoot or burn down the house if an argument with another tenant does not go their way, then the landlord may terminate the tenancy. In some cases, the entire household will be evicted if one member of the household is creating such a threat.
The property has been foreclosed on and new owners want to move in — If the landlord's mortgage has been foreclosed on, and they no longer own the property, then the new owner may terminate the tenancy. However, there may be certain types of tenancies (co-ops, condos, etc.) where this will not be the case.
The landlord wants to sell the property — If a landlord sells a house or apartment, then he or she may want to have new tenants move in as soon as possible. In most cases, terminating a fixed-term lease early with no penalty is against the law, but a landlord may terminate a month-to-month tenancy this way.
The property is going to be converted into condominiums — If an owner of a building is required to convert it into condominiums and wants to sell the units individually instead of as a rental property, they may want to terminate the leases of all the tenants. This is another reason why it's important for tenants to know their rights so they can protect themselves from being evicted without good cause.

Landlords have a number of reasons they may want to evict a tenant. The most common reason is that the tenant has violated the lease agreement in some way, but the landlord must follow the law when terminating a tenancy.

What is a lock-in period in a rent agreement?

A lock-in period in an apartment agreement is a clause that prohibits the tenant from moving out before a certain date, usually six or twelve months after the tenancy begins. Moreover, the tenant cannot terminate the lease before the lock-in period expires, regardless of the reason.

Landlords often include a lock-in period in their agreements as a way to ensure that the tenant remains in the property for a certain amount of time. This gives the landlord time to find a new tenant if the current one decides to move out. In some cases, a lock-in period may also give the tenant time to get settled in their new home before having to move again.

What terms should you include in your apartment rental agreement?

Your apartment rental agreement should include the following key important elements:

The amount of rent and when it is due
Which utilities are included in the rent and which are not
How long the agreement is for
What happens if you want to leave before the end of the agreement
Who is responsible for repairs or damage to the property
Whether you can sublet the property to someone else
Whether you must provide written notice if you wish to end the agreement before it ends
If there is a penalty for failing to give written notice
The number of people who may occupy the property and any limitations on their occupancy, such as smoking and pet ownership
Whether you must obtain the landlord's written consent before making any alterations to the property

What are a landlord’s legal responsibilities?

A landlord has legal responsibilities such as making sure that the rental unit complies with health and safety standards, keeps basic utilities working, provides appliances, keeps common areas clean and safe, etc. The landlord may be financially responsible for damage done by a tenant or a tenant's guests.

Every state has laws regarding "rent rules" and eviction procedures for non-payment (or late-payment) of rent. Because the rules vary among states, it is important to be familiar with your state laws, local ordinances, and legal aid resources in case you run into trouble with your landlord.

The US Department of Housing charges an annual fee for each occupied apartment which helps provide low-income rentals to needy families. If you know that you will be unable to afford your rent, it is important to notify your landlord as soon as possible.

Landlords also have a responsibility to ensure that their tenants are not harassed or discriminated against. Harassment includes behaviors such as verbal abuse, excessive noise, threats, and intimidation. Discrimination can include refusing to rent to someone based on their race or color, or not allowing someone with a disability to make necessary modifications to the unit.

How do I terminate an apartment rental agreement?

To terminate an apartment rental agreement, a tenant will need to provide the landlord with written notice. The notice must be in writing and must include the following information:

The tenant's name and address
The date that the notice is being sent
The reason for termination
The number of days' notice the tenant is providing

If the tenant is terminating the agreement because the landlord has failed to provide essential services, the tenant should specifically mention the service that is not being provided.

It is best to send the notice by certified mail, return receipt requested so that there is a record that the landlord received it. The notice period will begin on the day that the landlord actually receives the notice.

If the tenant is terminating the agreement because of a violation by the landlord, the tenant should include a statement specifying the nature of the violation.

What is the difference between a lease and a rent?

A lease and a rent are similar concepts in that they both transfer property to another person for a period of time. Their meanings are also similar, but there is generally one main difference between the two:

Rent refers to payments made by the lessee (the person leasing or renting) to the lessor (the owner). Lease refers to payments made by the lessee (occupant) to the owner for use of an asset.

In legal terms, a lease is a contract in which the property owner grants rights to occupy or use real estate or personal property in exchange for payment from the occupant. In most cases, these payments are called rent. A payment made by the lessee (the person leasing or renting) to the lessor (the owner) would be called rent.

A lease can be long or short-term, and the length of time that the lessee has paid rent is known as the term of the lease. A short-term lease may have a termination date, while a long-term lease will continue until either party terminates it.

A lease may also be for a particular type of use, such as residential, office, or retail. This is known as the use clause. The use clause will outline what the lessee can and cannot do with the property. If the lessee breaches the use clause, they may be in violation of the lease agreement and may face eviction.

A lease agreement can also include a provision that allows the lessee to purchase the property, known as an option clause. This is similar to a pre-payment of rent, in that it gives the lessee further rights if they exercise this clause within a certain period of time after signing the lease agreement.

The tenant may be required to pay a security deposit to the landlord to cover any potential damage that may be caused to the property. This is not always required, but it is a common practice.

It's important to remember that a lease is a legally binding contract, and both parties are obligated to follow the terms of the agreement. If either party fails to do so, they may be in violation of the lease agreement and could face legal action.

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