Lease Agreement Checklist

Lease Drafting and Execution

    Use the NAA state-specific lease or your firm's attorney-reviewed template — not a generic form off the internet. Confirm you are on the current version; landlord-tenant law amendments roll out yearly and old templates miss required clauses.

    Every adult (18+) living in the unit signs as a tenant — not as occupant. Missing a roommate from the lease leaves them unbound by the rent obligation and creates a holdover risk if the named tenant leaves.

    Verify lease start and end dates, monthly rent, late fee, grace period, and any prorated first-month amount calculated from the actual move-in date. Mid-month move-ins are the most common source of first-statement disputes.

    Pre-1978 buildings require the federal lead-based paint disclosure plus the EPA pamphlet — signed before lease execution. Add state-required disclosures: mold (many states), bedbug history (NYC), Megan's Law (CA), flood zone (TX, FL, NY), radon (several Northeast states).

    Service animals and ESAs (with a licensed-provider letter) are not pets — no pet deposit, no pet rent, no breed restriction. Charging is a Fair Housing Act violation. Document the answer here so deposit math downstream is correct.

    Attach the pet addendum specifying species, breed, weight, and any pet rent or one-time pet deposit. Confirm the pet deposit plus security deposit stays under the state's combined deposit cap (e.g., 2x monthly rent in CA unfurnished).

    Route through DocuSign or the PMS e-sign module (AppFolio, Buildium). Confirm every adult tenant AND the landlord/agent signs. Save the executed PDF — partial-signature leases are a frequent gotcha at the move-out dispute stage.

    Funds must clear before keys are issued — never hand over keys on a personal check pending clearance. Deposit goes into the trust or escrow account per state law (separate from operating); some states require interest-bearing accounts and annual interest payments to the tenant.

Move-In Preparation

    Rekey or full lock change at every turnover — prior tenants, contractors, and unauthorized copies are unknowable. Some states (TX Property Code §92.156) mandate it. Log the new key code in the PMS and verify any smart-lock codes from the prior tenancy are deleted.

    Press-test every detector, replace batteries, and log the test date. Working detectors at move-in are required by most state statutes; missing this can become a habitability defense if a fire or CO incident occurs during the tenancy.

    Verify electric, gas, and water are switched into the tenant's name effective the lease start date. Owner-billed utility days during a transfer gap are a recurring owner-statement complaint and can leave water shut off on move-in day.

    Walk room-by-room with the tenant, photograph existing condition (HappyCo or zInspector), and capture the tenant's signature on the inspection form. Without dated move-in photos AND a tenant signature, deposit deductions at move-out are nearly indefensible in court.

    Welcome packet covers emergency maintenance line, trash and recycling schedule, parking assignment, HOA rules if applicable, and the rent payment portal link. Keys go to the named tenants only — never to a partner or roommate not on the lease.

Tenancy Activation

    Save executed lease, all signed disclosures, screening reports (FCRA retention rules apply), ID copy, renter's insurance certificate, and the move-in inspection. Most states require landlord-tenant records retained 3-7 years post-tenancy.

    Mark the unit Occupied in AppFolio / Buildium / Yardi, set the lease term, rent amount, and recurring charges. Vacancy days stop counting today — confirm the economic vacancy reporting reflects the actual lease start.

    Surface punch-list items, appliance issues, or pest complaints early — before they become withhold-rent disputes. A short call or text-form survey works; document any issues raised as work orders in the PMS.

Move-Out and Deposit Accounting

    Most leases require 30-60 days written notice. Verify it is signed, dated, and references the move-out date. Verbal notices and texts are not enforceable in most states — push back and require written form.

    If the tenant stays past lease end without renewing, run the state's required notice — 30-day in CA, 60-day in some states for tenancies over a year, 3-day in TX for non-payment after holdover. Treating holdover informally invites months of occupancy with no paper trail.

    Offer the tenant the right to attend — required in CA (Civil Code §1950.5) and several other states with a pre-move-out inspection statute. Bring the move-in inspection photos for side-by-side comparison.

    Photograph every room and compare to move-in baseline. Distinguish ordinary wear-and-tear (not deductible) from damage (deductible) — worn carpet at year four is wear; a burn hole is damage. Verify keys, fobs, and garage remotes returned.

    Itemize each deduction with the line-item cost and supporting invoice or estimate. Vague deductions ("cleaning — $300") get reversed in small claims; itemized with receipts holds up. Confirm depreciation rules where state law requires (e.g., paint and carpet pro-ration).

    Hard deadline — 14 days in NJ, 21 in CA, 30 in TX and FL, 30-60 elsewhere. Missing the window can forfeit the right to deduct entirely AND trigger 2x-3x statutory damages. Send by certified mail or trackable e-delivery to the tenant's forwarding address.

    Account for every issued key, fob, garage remote, mailbox key, and amenity card. Unreturned items get deducted from the deposit per the lease schedule. Trigger the rekey workflow for the next tenancy as soon as the unit is empty.

Use this template in Manifestly

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