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How to write a lease agreement for an apartment.
A lease or rental agreement helps ensure a smooth rental process.
What is a lease agreement for an apartment?
Lease agreements (or rental agreements) are legal documents agreed upon between renters and property owners/landlords. They give the tenant the right to live in a given property for a fixed term, often 6 to 12 months. This contract binds both agreeing parties to the terms set by the lease and contains clauses and stipulations that govern the contract and how it may be terminated or renewed.
A well-thought-out residential lease is clear with thorough expectations that outline rules for pets, rent amount, acceptable use of the property, grounds for eviction, and more. The tenants and you sign to acknowledge the lease terms and promise to abide by the tenant laws outlined in the agreement.
Why you need a rental agreement.
Not only does a residential lease agreement keep everyone on the same page, but it’s a binding, legally enforceable document. This type of contract provides protection for any potential issues, so it’s crucial to include all necessary components and be as thorough as possible when creating yours.
You should use an apartment lease only for residential properties. Commercial or retail real estate requires a commercial lease agreement.
Similarly, a house rental agreement might have many parallels to an apartment rental agreement, but different property types warrant their contracts. For example, a house lease needs a section on lawn maintenance and other household repairs, while apartment maintenance is handled by property managers or the building’s property management company.
House vs apartment lease agreements.
Several major differences exist between house and apartment rental agreements.
House leases often include clauses related to yard maintenance, exterior upkeep, and the use of additional spaces, like garages or basements. Apartment leases, meanwhile, typically address shared amenities, noise restrictions, and policies specific to multiunit buildings, such as elevator use and common area maintenance.
A lease for an apartment may also include rules regarding interactions with neighbors and guidelines for using community facilities. Both agreements cover basic terms like rent, duration, and tenant responsibilities.
Understanding the differences between each type of lease will help you create thorough documents that protect your interests and preserve tenants’ rights.
What to include in an apartment lease agreement.
When writing a contract and before sending it out for signature, seek legal advice on the language to use so you can verify the validity of your agreement.
Here’s a list of standard fields that you should include in your lease agreement:
Tenant information
Include each tenant’s full name and contact information. If your tenants have a cosigner or guarantor, you also need their information.
Rental property description
List the apartment’s location, all common areas, parking spaces, and included facilities.
Security deposit
Include a section that details the security deposit amount and when and how it will be returned to the tenants. This payment helps protect your property from damage outside of normal wear and tear.
Monthly rent amount
In addition to the monthly apartment cost, include the due date of each month’s rent payment and all acceptable payment methods.
Utilities
Include utilities the tenants are responsible for paying and which utilities are covered by the rent.
Lease term
List the start date and end date of the rental agreement. Here, you can also explain whether tenants can renew or if the agreement will default to a month-to-month contract. Many landlords require a certain number of days’ notice before moving out. If this is the case, mention the requirements for the written notice.
Policies
Smoking, pets, parking, illegal activity, renters’ insurance requirements, and subletting are all examples of standard rules to go over in this section. Will you require a pet deposit? Will you allow tenants to sublet a room or the entire space for a short term? What happens if tenants break these rules?
Late fees
If the tenant pays late rent, note whether they will be charged a late fee and the required amount. Similarly, if the tenant fails to uphold the terms of the agreement, spell out the consequences, whether it’s a small fee or grounds for eviction.
Maintenance and repairs
Include what the property owner will cover under maintenance and repairs and what maintenance and repairs a tenant may be required to pay for.
Notes on accepted activity
Illegal activity violating federal, state, or local laws is usually unacceptable. Note when acceptable activity in common areas is specified.
Terms of entry
Specify how a landlord may enter a tenant’s living space. This information is essential in the event of an emergency.
Occupancy limit
Define a set occupant limit for the property to protect landlords from damage and other liability. This designation is also crucial for defining sublease and subletting terms.
Disclosures
Check federal, local, and state laws to ensure you share all legally required information with prospective tenants, from fire codes to lead paint disclosures.
How to e-sign lease agreement documents.
Adobe Acrobat can help rental property owners and managers streamline the signing process with e-signatures.
With support for script-like fonts, drawn signatures, and image signatures, Acrobat makes it simple to gather a binding signature for consent or approval. Tenants can sign forms with personalized biometric signatures or an image file of their signature.
You can use Acrobat to collect signatures for a lease agreement document.
- In the Acrobat menu bar, select All tools > Request e-signatures.
- In the dialog box, add the email address of one or more recipients you want to sign, and then select Prepare Document.
- Select a recipient from the Recipients drop-down, then drag and drop signature fields for that recipient. You can add signature fields for each recipient.
- Send to all the signees.
Different types of lease or rental agreements.
Learn about some of the most common types of lease agreements.
Fixed
A fixed rental agreement is a rental contract with a set term. It can last for 6 months, 12 months, or a different period as agreed upon by both parties.
Annual
Annual contracts are the most prevalent. These lease agreements require the tenant to commit to a property for 12 months. At the end of the period, you can renew or terminate the agreement.
Month-to-month
Month-to-month agreements offer renters flexibility, as they can quickly discontinue the contract anytime, provided they’re current on their payments. Many landlords require an annual contract for the initial term. Some will then allow their tenants to transition to a month-to-month agreement.
Short term
Short-term rental agreements include leases like Airbnb and VRBO. Guests rent the property briefly (usually a few days to a week). Compared to traditional tenants, they have limited rights but also fewer responsibilities.
FAQs about lease agreements.
To help you make more informed decisions, here are answers to some commonly asked questions about lease agreements.
How are lease agreements different from rentals?
Rental and lease agreements are similar, but the big difference is typically the length of the contract. Rental agreements often provide the tenant with a living situation for a shorter time, usually 30 days. They are also referenced as month-to-month contracts and don’t necessarily have specified end dates. Upon expiration of a rental agreement, the landlord and tenant can negotiate the terms of the agreement (given appropriate notice as outlined in the contract).
Does a lease agreement need to be notarized?
A lease agreement typically doesn’t need to be notarized to be legally binding — a standard lease signed by both parties is usually sufficient. However, getting your contract notarized can add an extra layer of protection against disputes by confirming the identity of the person who signed the agreement.
Some jurisdictions may require notarization under certain circumstances. Review state and local laws to ensure your contracts are legal and enforceable.
Consider using a notary to protect your interests, even if your jurisdiction doesn’t require one. This extra step can save you some major headaches if a dispute arises.
How to terminate a lease agreement.
Terminating a lease agreement requires adherence to the terms outlined in the contract.
If you’re the lessee, review the conditions you agreed to in the original contract, including notice periods and penalties for early termination. Provide notice to the lessor according to your contract and pay any penalties. You’ll then be absolved from any further obligations.
If you’re the lessor, you must provide legal notice to the tenant. Follow all notification requirements outlined in your contract and distribute an invoice for their financial obligations, including rent, termination fees, and repair or maintenance costs.
Where can I get a lease agreement template from?
Obtaining a lease agreement template is relatively easy. Adobe has an extensive library of forms and documents, including lease agreement templates. Our PDFs are easy to customize, edit, print, and convert into different file formats, including Word. If you have Acrobat for business, you can also electronically sign the lease agreement template.
Thanks to its customizability, our template can be adjusted easily to align with the specific legal requirements in your jurisdiction. You can email a copy to tenants and retain digital files for your records. The entire process is effortless with the power of Acrobat at your fingertips.
A simple lease agreement process from start to finish with Adobe.
Whether you work for a large property company or a smaller-sized business, you can deliver ready-to-go lease agreement templates, commercial lease agreements, or PDF rental contract forms in seconds, saving you time and instilling confidence in prospective tenants.
Whether you need to create a rental application or duplicate a rental lease agreement template, streamline all your leasing documents by going paperless.
eDocs save you money and precious time in transit, and with Acrobat for business, you can collect e-signatures from anywhere on any device. You don’t need to draft and print a new lease when renewing. Resend the agreement to your renters in one click and then track its progress from any device.
The Acrobat e-signature technology integrates with a wide variety of other software and app partners that you might use for your lease agreement workflow, including:
- Microsoft 365
- SharePoint
- Dynamics
- Rent, deposits, and fees
- Google Drive and other Google applications
Plus, e-signatures and rental agreement templates can reduce your overall cost of paper, postage, travel, and more. Two case studies show how Acrobat is already helping property owners and realtors.
Skipton Building Society
Skipton Building Society helped clients move fast on home buying with digital mortgage applications that reduced average signing time by 97%. For landlords, rapidly signed digital signatures mean a more efficient onboarding process for new tenants.
State of Hawaii
Tired of all the paperwork, the offices of the State of Hawaii went digital for forms and signatures and saved $5 million in 2.5 years by reducing printing and labor costs with Acrobat. It doesn’t take very long for the savings to start adding up.
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