- Put every agreement in writing and sign it with a witness.
- Name the rent, payment dates, deposit, duration and notice period clearly.
- Check your state's tenancy law, because rules and limits differ.
The Short Answer
A written tenancy agreement protects both sides. It turns promises into clear terms, so disagreements about rent, repairs or leaving are easier to settle. This guide is general information, not legal advice. Tenancy law differs by state, so check your state's law and have a lawyer review the document.
Clauses Every Agreement Should Cover
| Clause | What to write down |
|---|---|
| Parties | Full names, addresses and phone numbers of landlord and tenant |
| Property | Exact address and what is included, such as parking or generator access |
| Rent | Amount, how often it is paid and the payment method |
| Deposit or caution fee | Amount, purpose and when it is returned |
| Duration | Start date, end date and renewal terms |
| Service charge | What it covers and who pays |
| Repairs | Who fixes what, and how problems are reported |
| Notice | How much notice each side must give before leaving or ending the tenancy |
| House rules | Noise, subletting, pets and use of the property |
Before You Sign: For Tenants
Inspect the property in daylight, test taps, power and locks, and photograph any damage. Ask for proof that the person renting to you is the owner or the owner's authorised agent. Pay by traceable bank transfer and get receipts. Check your state's tenancy law for limits on advance rent and for notice rules, and do not be rushed.
Before You Sign: For Landlords
Verify your tenant's identity and ask for references. Write down the condition of the property with photos at move-in. Keep copies of all signed documents and receipts. Never take the law into your own hands to remove a tenant, because the proper legal process must be followed.
Signing and Records
Both parties should sign, with a witness, and each keep a signed copy. Where required in your state, register or stamp the agreement. Keep a simple log of rent paid, repairs requested and messages sent.
Action Checklist
- Check your state's tenancy law
- Write full names and contacts of both parties
- State rent, payment dates and payment method
- Record deposit amount and refund terms
- Set the start date, end date and renewal terms
- Agree who handles repairs and service charges
- Photograph the property at move-in
- Sign with a witness and keep a copy each
