Lease Agreement Checklist

Steps a property manager runs to assemble, disclose, and execute a residential lease — from tenant identity verification through required state and federal disclosures to e-signature and tenant-file retention.

1

Tenant Identity & Screening

  1. Verify tenant legal names against ID
    • Match the names on the application to a government-issued photo ID for every adult occupant. The lease must list every adult who will reside in the unit; a missing co-tenant is a common reason holdover and eviction filings get complicated months later.

  2. Capture tenant and emergency contacts
    • Record phone, email, current address, employer, and at least one emergency contact not residing with the tenant. These fields drive maintenance dispatch, rent reminders, and the FCRA adverse-action mailing if the application is denied.

  3. Attach screening reports and ID copies
    • Upload the credit, background, and rental-history reports from TransUnion SmartMove, RentPrep, or your PMS-integrated screener. Confirm the same income (typically 3x rent) and credit thresholds were applied uniformly — varying criteria by applicant is a Fair Housing exposure.

    Collects file
2

Property & Unit Details

  1. Confirm unit address and APN
    • Enter the street address, unit number, and county APN exactly as they appear on the deed or in the PMS property record. A typo on the unit number is the most common cause of failed move-out forwarding and security-deposit-return mail.

  2. List included appliances and furnishings
    • Itemize every appliance and furnishing the landlord owns: range, refrigerator, dishwasher, washer/dryer, blinds, ceiling fans. Anything not on the list is presumed tenant-owned at move-out — and unlisted landlord items become hard to recover if disputed.

  3. Record the build year for disclosure scope
    • Pull the build year from the county assessor record. Anything pre-1978 triggers the federal lead-based-paint disclosure (EPA Form 8551 + the Protect Your Family pamphlet) before lease execution. Missing the disclosure carries per-violation HUD/EPA penalties.

    Collects list
3

Lease Term & Rent

  1. Set lease start and end dates
    • Use a fixed-term lease (typically 12 months) with explicit start and end dates. Avoid open-ended language; state law in many jurisdictions auto-converts ambiguous terms to month-to-month, which complicates rent increases and non-renewal.

  2. State monthly rent and due date
    • Enter the monthly rent, the day rent is due (typically the 1st), accepted payment methods, and where rent is delivered (PMS portal, ACH, check). Prorated first-month rent should be calculated and shown on the lease, not handled informally at move-in.

  3. Define renewal and notice-to-vacate terms
    • Specify whether the lease auto-renews to month-to-month or terminates at end-of-term, the notice period required from each side (commonly 30 or 60 days), and the form notice must take. Many states require written notice; verbal notice is not sufficient.

4

Security Deposit & Fees

  1. State the security deposit and return terms
    • Confirm the deposit is at or below the state cap (e.g., 2x monthly rent in CA for unfurnished, 1x in MA, no cap in TX) and state the itemization-and-return window (commonly 14-30 days post move-out). Missing the deadline can forfeit deductions and trigger 2-3x statutory damages.

  2. Set the late fee and grace period
    • Specify the grace-period length and late-fee amount within state limits — many states cap fees at 5-10% of monthly rent or a fixed dollar amount. Excessive late fees are a frequent target of tenant counterclaims in eviction cases.

  3. Decide on pets and pet fees
    • If pets are permitted, set the pet rent and any refundable pet deposit. Service animals and ESAs (with valid letter from a licensed provider) are accommodations under the Fair Housing Act — never charge pet rent or apply breed/weight restrictions to them.

    Collects list
5

Tenant Responsibilities & Rules

  1. Define tenant maintenance duties
    • Spell out which routine items are the tenant's responsibility — HVAC filter changes, smoke-detector battery replacement, lawn care for SFR, light bulbs, garbage disposal use. Anything beyond these falls on the landlord under the implied warranty of habitability.

  2. Set rules on alterations and decor
    • State whether painting, mounting TVs, installing shelves, or replacing fixtures requires written landlord approval. Without an explicit clause, painted-over walls and large drywall holes become a make-ready cost that's hard to charge back at move-out.

  3. Define guest, sublet, and occupancy limits
    • State the maximum occupancy (HUD's 2-per-bedroom guideline as a floor), the maximum consecutive guest stay before a guest is treated as an unauthorized occupant, and whether subletting or short-term rentals (Airbnb, Vrbo) require written consent.

6

Landlord Obligations & Access

  1. Outline landlord repair duties
    • Reference the implied warranty of habitability under your state's landlord-tenant act — working plumbing, heat, hot water, weatherproofing, structural integrity, working smoke and CO detectors. Tenants cannot waive habitability, even by contract.

  2. List landlord-paid utilities and services
    • Itemize any utility (water, sewer, trash, gas, electric) or service (landscaping, pest control, HOA dues) the landlord covers. Anything unlisted is the tenant's responsibility — confirm the utility transfer date matches the lease start to avoid a billing gap.

  3. Specify the entry-notice period
    • State the notice period required to enter the unit for inspections, repairs, or showings (typically 24-48 hours per state law) and acceptable methods of notice (text, email, posted notice). Emergency entry is the only exception and should be defined.

7

Required Disclosures

  1. Attach the lead-based paint disclosure
    • For any property built before 1978, attach EPA Form 8551 (Disclosure of Information on Lead-Based Paint) and provide the EPA's Protect Your Family From Lead in Your Home pamphlet. Both must be signed by every adult tenant before lease execution — not after.

  2. Attach state-specific disclosures
    • Add the disclosures required in your operating state: mold (most states), bedbug history (NYC, Maine), Megan's Law database access (CA), flood zone (TX, NJ), radon (FL), shared utility metering, and rent-control status where applicable. Missing disclosures are a defense against eviction.

  3. Attach the pet addendum
    • Attach the pet addendum identifying each pet (species, breed, weight, name), pet rent, refundable pet deposit, and tenant responsibility for pet damage. Service animals and ESAs do not go on the pet addendum — document them separately under reasonable accommodation.

8

Execution & Tenant File

  1. Send the lease packet for e-signature
    • Send via DocuSign, AppFolio, Buildium, or your PMS e-sign module. Every adult tenant signs the lease, every disclosure, and the move-in inspection acknowledgment. Confirm the audit trail captures IP address and timestamp — this matters in any later dispute.

    Collects file
  2. Collect first month rent and deposit
    • Funds must clear before keys are released — no exceptions. Accept ACH or certified funds for move-in; personal checks can NSF days later, leaving the tenant in possession with no rent paid. File 8300 with the IRS if any single cash payment exceeds $10,000.

    Collects list
  3. File lease and disclosures in tenant folder
    • Save the signed lease, every disclosure, ID copies, screening reports, and move-in inspection in the tenant folder in your PMS. Retain per state requirements (typically 3-7 years post-move-out) and per FCRA for screening reports. The folder is your evidence file at any future eviction or deposit dispute.