Leases and Rental Agreements FAQ

Questions:

• Do I need a written lease or rental agreement?
• What's the difference between a rental agreement and a lease?
• How do rent control laws work?
• How much security deposit can a landlord charge? What can it be used for?
• Where can I find a dependable lease or rental agreement?

Answer:

Do I need a written lease or rental agreement?

The lease or rental agreement is the key document of the tenancy, setting out important issues such as:

• the length of the tenancy
• the amount of rent and deposits the tenant must pay
• the number of people who can live on the rental property
• who pays for utilities
• whether the tenant may have pets
• whether the tenant may sublet the property
• the landlord's access to the rental property, and
• who pays attorney's fees if there is a lawsuit concerning the meaning or implementation of the lease or rental agreement

Leases and rental agreements should always be in writing, even though most states enforce oral (spoken) agreements for a certain period. While oral agreements may seem easy and informal, they often lead to disputes. If a tenant and landlord later disagree about key agreements, such as whether the tenant can sublet, the end result is all too likely to be a court argument over who said what to whom, when, and in what context. This is particularly a problem with long-term leases, so courts in most states will not enforce oral agreements after the passage of one year.

For information about what to include in a lease or rental agreement, see the article Ten Terms to Include in Your Lease or Rental Agreement.