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Lease Agreement Analysis Framework

Rent & Payment Terms

Monthly Rent

๐ŸŸข Clearly stated, consistent with advertised price
๐ŸŸก Additional mandatory fees (trash, pest control) on top
๐Ÿ”ด Unclear total monthly obligation, hidden fees

Late Fees

๐ŸŸข Grace period of 3-5 days, fee capped at 5% or less
๐ŸŸก Short grace period, fee up to 10%
๐Ÿ”ด No grace period, excessive fees (may be unenforceable)

Rent Increases

๐ŸŸข Fixed rent for lease term, clear renewal terms
๐ŸŸก Annual increase cap or CPI-based formula
๐Ÿ”ด Landlord can increase mid-lease, no cap on increases

Security Deposit

Amount

๐ŸŸข One month's rent or less
๐ŸŸก 1.5-2 months (common in high-cost areas)
๐Ÿ”ด 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

๐ŸŸข 14-21 days, itemized deductions required
๐ŸŸก 30 days, some deduction discretion
๐Ÿ”ด 60+ days, vague deduction language, non-refundable deposit

Deduction Scope

๐ŸŸข Only for actual damage beyond normal wear and tear
๐ŸŸก Includes cleaning if not returned in move-in condition
๐Ÿ”ด Broad deductions including normal wear, repainting, carpet

Lease Term & Renewal

Auto-Renewal

๐ŸŸข Converts to month-to-month at same rent
๐ŸŸก Auto-renews for another year unless notified
๐Ÿ”ด Auto-renews with rent increase, short notice window

Notice Requirements

๐ŸŸข 30 days to not renew, symmetric for both parties
๐ŸŸก 60 days tenant, 30 days landlord
๐Ÿ”ด 90+ days tenant notice, asymmetric

Early Termination

Lease Break Options

๐ŸŸข Clear buyout option (1-2 months rent)
๐ŸŸก Responsible until re-rented, landlord must mitigate
๐Ÿ”ด Responsible for entire remaining lease, no mitigation required

Subletting

๐ŸŸข Permitted with reasonable landlord approval
๐ŸŸก Permitted with conditions (matching income, etc.)
๐Ÿ”ด Prohibited entirely

Military/Job Relocation

๐ŸŸข Military clause per SCRA, job transfer clause
๐ŸŸก Military only, documented circumstances
๐Ÿ”ด No early termination provisions

Maintenance & Repairs

Landlord Responsibilities

๐ŸŸข All major systems, prompt response required
๐ŸŸก Major systems but vague on response times
๐Ÿ”ด Tenant responsible for significant repairs

Repair Deduction Rights

๐ŸŸข State-mandated repair and deduct provisions
๐ŸŸก Must use landlord's contractors
๐Ÿ”ด No tenant remedies for delayed repairs

Entry Notice

๐ŸŸข 24-48 hours notice, daytime hours only
๐ŸŸก 24 hours but flexible on timing
๐Ÿ”ด 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

  1. "What's the total monthly cost including all mandatory fees?"
  2. "What's your typical response time for maintenance requests?"
  3. "What are the lease break options if my circumstances change?"
  4. "How was the security deposit handled for the last tenant?"
  5. "Is there any flexibility on [specific restrictive clause]?"
  6. "Can you show me the move-in inspection checklist?"