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Basics of the Lease

Frequently Asked Questions for Landlords & Tenants

Basics of the Lease

What’s included in the rent—utilities, lawn, pest control, internet?

Always confirm in writing what the landlord pays vs. what the tenant pays (water, trash, electricity, lawn care, pool, pest control, HOA fees, etc.).

How long is the lease and what happens when it ends?

Most leases are 12 months. Ask whether it converts to month-to-month, renews, or ends automatically—and what notice is required.

Can the tenant sublease or have roommates?

Most leases require written approval for subleasing, additional occupants, or extended guests. Get the policy upfront to avoid violations.

Security Deposit & Move-In/Move-Out

How much is the security deposit and when is it due?

Typically due before move-in (often first month + security + additional deposits if applicable). Keep receipts and proof of payment.

When does the landlord return the security deposit?

The lease and state/local rules control timelines. Deposits may be reduced for documented damages beyond normal wear and tear.

What counts as “normal wear and tear” vs. damage?

Normal wear = minor scuffs, light carpet wear, faded paint. Damage = holes in walls, broken fixtures, pet damage, stains, missing items.

Should we do a walk-through inspection?

Yes—always. Use a move-in checklist, take date-stamped photos/videos, and repeat at move-out.

Repairs, Maintenance & Emergencies

Who handles repairs and how do we request them?

Tenants should submit requests in writing through the landlord/manager’s preferred method. Landlords should respond with timelines and updates.

What’s considered an emergency repair?

Water leaks, no AC/heat (season-dependent), electrical hazards, gas smell, sewage backup, broken exterior door/lock, or anything threatening safety/property.

Can a tenant withhold rent if repairs aren’t done?

Don’t assume—rules are strict and vary by location. Tenants should document issues and follow the legal process; landlords should address habitability items promptly.

Rent, Fees & Late Payments

When is rent due and what are the late fees?

Rent due date, grace period, and late fee amounts should be clearly stated in the lease—no surprises.

What payment methods are accepted?

Confirm whether payment is via portal, Zelle, ACH, cashier’s check, etc., and if there are processing fees.

Can rent be increased during the lease?

Usually no, unless the lease allows certain changes. Rent increases typically apply at renewal with proper notice.

Rules: Pets, Smoking, Guests, and HOA

Are pets allowed and what deposits/fees apply?

Ask about pet restrictions (breed/weight), pet rent, non-refundable pet fees, and required vaccination records.

What if the tenant has an emotional support animal/service animal?

Rules differ from pets. Handle this carefully, follow fair housing guidance, and document appropriately.

Can tenants smoke or vape inside?

Many leases prohibit smoking/vaping indoors. Violations can lead to fees, remediation charges, or lease termination.

Are there HOA or condo rules tenants must follow?

Yes—tenants must follow community rules (parking, noise, amenities, trash, move-in approvals). Ask for a copy before move-in.

Entry, Privacy & Showings

When can a landlord enter the property?

Landlords generally must provide notice except in emergencies. Tenants should know entry rules for repairs, inspections, and showings.

Can the landlord show the home while it’s occupied?

Yes, usually with notice. The lease should outline showing procedures and acceptable times.

Renewals, Early Termination & Evictions

How much notice is required to move out?

Most leases require written notice (often 30–60 days). Confirm your lease requirement to avoid extra charges.

Can a tenant break the lease early?

Often yes, but there are penalties. Many leases include an early termination fee, notice requirements, and obligations until re-rented.

What happens if rent isn’t paid?

Late notices and formal legal notices may follow quickly. Communicate early—payment plans or alternatives may be possible before it escalates.

Insurance & Liability

Should tenants get renters insurance?

Yes—renters insurance protects personal belongings and liability. Many landlords require proof of coverage.

What insurance should landlords carry?

Landlords need a landlord/dwelling policy (not a homeowner policy) and should consider liability and loss-of-rent coverage.

Condition, Cleanliness & Alterations

Can tenants paint or make changes to the property?

Only with written approval. Unapproved alterations can be charged back at move-out.

Who handles pest control?

It depends on the lease. Tenants should maintain cleanliness; landlords should address structural or ongoing issues.

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