Lease Agreement Analysis Framework
Rent & Payment Terms
Monthly Rent
๐ข Clearly stated, consistent with advertised price
๐ก Additional mandatory fees (trash, pest control) on top
๐ด Unclear total monthly obligation, hidden fees
Late Fees
๐ข Grace period of 3-5 days, fee capped at 5% or less
๐ก Short grace period, fee up to 10%
๐ด No grace period, excessive fees (may be unenforceable)
Rent Increases
๐ข Fixed rent for lease term, clear renewal terms
๐ก Annual increase cap or CPI-based formula
๐ด Landlord can increase mid-lease, no cap on increases
Security Deposit
Amount
๐ข One month's rent or less
๐ก 1.5-2 months (common in high-cost areas)
๐ด Excessive deposit (check state limits)
State limits vary:
- California: 2 months unfurnished, 3 months furnished
- New York: 1 month
- No limit in some states
Return Terms
๐ข 14-21 days, itemized deductions required
๐ก 30 days, some deduction discretion
๐ด 60+ days, vague deduction language, non-refundable deposit
Deduction Scope
๐ข Only for actual damage beyond normal wear and tear
๐ก Includes cleaning if not returned in move-in condition
๐ด Broad deductions including normal wear, repainting, carpet
Lease Term & Renewal
Auto-Renewal
๐ข Converts to month-to-month at same rent
๐ก Auto-renews for another year unless notified
๐ด Auto-renews with rent increase, short notice window
Notice Requirements
๐ข 30 days to not renew, symmetric for both parties
๐ก 60 days tenant, 30 days landlord
๐ด 90+ days tenant notice, asymmetric
Early Termination
Lease Break Options
๐ข Clear buyout option (1-2 months rent)
๐ก Responsible until re-rented, landlord must mitigate
๐ด Responsible for entire remaining lease, no mitigation required
Subletting
๐ข Permitted with reasonable landlord approval
๐ก Permitted with conditions (matching income, etc.)
๐ด Prohibited entirely
Military/Job Relocation
๐ข Military clause per SCRA, job transfer clause
๐ก Military only, documented circumstances
๐ด No early termination provisions
Maintenance & Repairs
Landlord Responsibilities
๐ข All major systems, prompt response required
๐ก Major systems but vague on response times
๐ด Tenant responsible for significant repairs
Repair Deduction Rights
๐ข State-mandated repair and deduct provisions
๐ก Must use landlord's contractors
๐ด No tenant remedies for delayed repairs
Entry Notice
๐ข 24-48 hours notice, daytime hours only
๐ก 24 hours but flexible on timing
๐ด Landlord can enter with minimal/no notice
Red Flags
- Waiver of habitability: Cannot waive right to habitable premises
- Waiver of jury trial: May be unenforceable
- Confession of judgment: Landlord can get judgment without court
- Broad liability waiver: Tenant waives all negligence claims
- Liquidated damages: Automatic damages beyond actual loss
- No pet provisions: Silent on pets may mean no pets
- Vague termination for cause: Landlord can terminate for broad reasons
Potentially Unenforceable Clauses
Many common lease clauses are unenforceable depending on location:
- Late fees exceeding state limits
- Security deposits exceeding state limits
- Waiver of implied warranty of habitability
- Prohibition on lease assignments when tenant has right
- Acceleration clauses (entire lease due upon breach)
- Retaliation waiver
Note: Unenforceable doesn't mean it won't appear in the lease. Landlords often include them anyway.
Questions to Ask
- "What's the total monthly cost including all mandatory fees?"
- "What's your typical response time for maintenance requests?"
- "What are the lease break options if my circumstances change?"
- "How was the security deposit handled for the last tenant?"
- "Is there any flexibility on [specific restrictive clause]?"
- "Can you show me the move-in inspection checklist?"