Should I sign this lease? 9 clauses to check before you do

Residential leases are mostly boilerplate, but the 10% that ISN'T boilerplate is where landlords hide the stuff that costs you real money later. Here are the nine specific clauses to check, in descending order of how often they matter.

1. Late fees

What to look for: The exact dollar amount and the grace period.

Reasonable: $50-$75 flat, with a 3-5 day grace period. Predatory: Per-day accumulating late fees. A "$25/day late fee" sounds small, but a 2-week late rent payment becomes $350 on top of your rent.

Also look for "minimum late fee" clauses (some leases say "greater of $100 or 5% of rent") — this stacks if you're late twice.

2. Security deposit rules — and the return process

What to look for: When the deposit must be returned after move-out, and what itemization is required.

Most states require the deposit back within 21-45 days. Check your state law — if the lease says "60 days" and your state mandates 30, the state law wins, but you'll have to fight for it.

Critical clause to find: "Tenant forfeits deposit if lease is broken early." Many states limit this, but if the clause is there and you break the lease for a new job, you're in for a fight.

3. Early termination fee

What to look for: The dollar cost of breaking the lease early — AND whether the landlord is required to mitigate damages.

Reasonable: 2 months' rent flat, landlord must attempt to re-rent. Predatory: "Tenant responsible for rent until end of term regardless of re-rental" — in most states this violates the landlord's duty to mitigate, but you'll have to invoke it.

4. Renewal terms

What to look for: How and when the lease renews, and any rent cap on renewal.

Flag if: The lease auto-renews month-to-month at a higher rate (e.g., "upon expiration, rent shall convert to month-to-month at 125% of the previous rate"). This is a common trap.

Also flag: 60-day notice requirements to terminate. 30 days is standard; 60 days means you have to decide in November whether to move in February, which is often impossible.

5. Maintenance responsibility

What to look for: Who pays for what, with specific dollar thresholds.

Reasonable: Tenant responsible for repairs under $100, landlord for anything above. Predatory: "Tenant responsible for all maintenance and repairs" — this shifts the furnace, water heater, and appliances onto you. That's a potential $5,000-$15,000 exposure over a year.

6. "Joint and several" liability (for roommates)

What to look for: This clause in any multi-tenant lease.

It means if your roommate can't pay their share, YOU are on the hook for their portion. You can sue them later, but the landlord gets paid either way. This is standard, but you should know it exists before you sign.

7. Right of entry

What to look for: How much notice the landlord must give before entering.

Reasonable: 24-48 hours written notice except in emergencies. Predatory: "Landlord may enter at any time for inspection" — in most states this violates tenant privacy law, but the clause exists to intimidate.

8. Fees for normal things

What to look for: Fees for anything that should be free.

Red flags:

• "Administrative fee" or "processing fee" on top of rent
• "Monthly trash fee" separate from rent
• "Pet fee" that's non-refundable vs. pet deposit that's refundable
• Mandatory renter's insurance at a specific provider (usually a kickback)

9. Modifications, painting, and "normal wear and tear"

What to look for: How "normal wear and tear" is defined, and what happens if you paint or hang art.

Flag if: "No modifications of any kind, including hanging of pictures." This means they'll charge you for nail holes at move-out.

Flag if: "Tenant responsible for all wear and tear, including carpet replacement." In most states this is illegal — carpet has a useful life and you can't be charged for replacement past that.

The 5-minute test

Search the lease PDF for these terms: "late fee", "early termination", "auto-renew", "renewal", "maintenance", "entry", "administrative", "joint and several", "modifications". Read the surrounding paragraph on each hit. Flag anything that feels one-sided and ask about it BEFORE signing.

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