assignment of residential tenancy agreement

Free Lease Assignment Agreement Template for Microsoft Word

Download this free Lease Assignment Agreement template as a Word document to easily assign a lease to another party with consent from the landlord.

Lease Assignment Agreement

THIS ASSIGNMENT OF TENANCY AGREEMENT dated this [Insert date]

[Insert name] (the “Assignor”)

– AND-

[Insert name] (the “Assignee”)

A. This is an agreement (the “Assignment”) to assign a residential tenancy agreement in real property according to the terms specified below.

B. The Assignor wishes to assign and transfer to the Assignee that tenancy agreement (the “Tenancy Agreement”) dated June 11, 2020, and executed by the Assignor as tenant and by _________________________ as landlord (the “Landlord”).

IN CONSIDERATION OF the Assignor agreeing to assign and the Assignee agreeing to assume the Tenancy Agreement for the Premises, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, both parties agree to keep, perform and fulfill the promises, conditions and agreements below:

1. The Tenancy Agreement governs the rental of the following described premises (the “Premises”) to the Assignor: ______________________________________________

Assigned Tenancy Agreement

2. The Assignor assigns and transfers to the Assignee all of the Assignor’s right, title, and interest in and to the Tenancy Agreement and the Premises, subject to all the conditions and terms contained in the Tenancy Agreement.

Effective Date

3. This Assignment takes effect on June 11, 2020 (the “Effective Date”), and continues until the present term of the Tenancy Agreement expires on June 11, 2020.

Assignor’s Interest

4. The Assignor covenants that:

a. the Assignor is the lawful and sole owner of the interest assigned under this Assignment; b. this interest is free from all encumbrances; and c. the Assignor has performed all duties and obligations and made all payments required under the terms and conditions of the Tenancy Agreement.

Breach of Tenancy Agreement by Assignee

5. Consent to this Assignment will not discharge the Assignor of its obligations under the Tenancy Agreement in the event of a breach by the Assignee.

6. In the event of a breach by the Assignee, the Landlord will provide the Assignor with written notice of this breach and the Assignor will have full rights to commence all actions to recover possession of the Premises (in the name of the Landlord, if necessary) and retain all rights for the duration of the Tenancy Agreement provided the Assignor will pay all accrued rents and cure any other default.

Governing Law

7. It is the intention of the parties that this Assignment, and all suits and special proceedings under this Assignment, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of New South Wales, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Miscellaneous Provisions

8. This Assignment incorporates and is subject to the Tenancy Agreement, a copy of which is attached hereto, and which is hereby referred to and incorporated as if it were set out here at length. The Assignee agrees to assume all of the obligations and responsibilities of the Assignor under the Tenancy Agreement.

9. This Assignment will be binding upon and inure to the benefit of the parties, their successors, assigns, personal representatives, beneficiaries, executors, administrators, and heirs, as the case may be.

10. All rents and other charges accrued under the Tenancy Agreement prior to the Effective Date will be fully paid by the Assignor, and by the Assignee after the Effective Date. The Assignee will also be responsible for assuming and performing all other duties and obligations required under the terms and conditions of the Tenancy Agreement after the Effective Date.

11. There will be no further assignment of the Tenancy Agreement without the prior written consent of the Landlord.

IN WITNESS WHEREOF the Assignor and Assignee have duly affixed their signatures under hand and seal on this [Insert date]

SIGNED BY THE ASSIGNOR

_____________________________ Assignor: _________________________

in the presence of (Name of witness) _______________________

(Signature of witness) _____________________________

SIGNED BY THE ASSIGNEE _____________________________ Assignee: _______________________

in the presence of (Name of witness) ___________________

(Signature of witness) _______________________________

CONSENT OF LANDLORD

The Landlord in the above Assignment of Tenancy Agreement executed on [Insert date] consents to that Assignment. The Landlord also agrees to the Assignee assuming after [Insert date] the payment of rent and performance of all duties and obligations as provided in the Tenancy Agreement. Dated: [Insert date]

Landlord: _________________________

Related Documents

Advertising agreement, arbitration agreement, barter agreement, business sale agreement.

RTA Fact Sheet: Sublet and Assignment

Link to printer-friendly version English / French

What is the difference between subletting and assigning a rental unit? There is a significant difference between the assignment of a rental unit and the subletting of a rental unit. It is important for landlords to clearly understand the meaning of these terms and the rules established by the Residential Tenancies Act to deal with these issues.

Assignment When a tenant assigns the rental unit, the tenant gives up all rights and responsibilities to the rental agreement and to the rental unit. When a tenancy is assigned the tenant transfers their rights and responsibilities to another tenant. It is recommended that the landlord should document the assignment and transfer the responsibilities in an addendum (which is a supplementary document which would be attached to the original lease). Following the assignment of a rental unit, the original tenant no longer occupies the rented premises, is no longer responsible for the rental unit or the payment of rent. The assignee is the new tenant and assumes all the responsibilities of the tenancy agreement. The Residential Tenancies Act establishes specific rights and responsibilities for landlords and tenants when a tenant requests an assignment.

Sublet When a tenant sublets their rental unit, the tenant gives another person the right to occupy the rental unit for a specific period of time. The sublet agreement must end on a specific date, which must be before the end of the tenant’s rental term or period. The original tenant continues to be the person responsible for the tenancy. This includes responsibility for the condition of the rental unit and the payment of rent. The original tenant also retains the right to re-occupy the premises at the end of the sublet agreement. If the sub-tenant does not vacate the rental unit at the end of the sublet period the tenant or landlord may apply to the Landlord and Tenant Board for an eviction. The right to apply for an order evicting a subtenant also extends to the landlord.

Can any tenant sublet their rental unit? The provisions for subletting a rental unit apply to all tenancies whether they are for a fixed term or not. Subletting is subject to the consent of the landlord, which cannot be unreasonably or arbitrarily withheld. The sublet must end on a date specified before the end of the tenant’s term or period.

Can any tenant sublet or assign their rental unit? The provisions for subletting a rental unit apply to all tenancy agreements whether they are periodic, fixed, contractual or statutory, but do not apply to a tenant of superintendent’s premises.

What happens if there is a sublet or assignment without the landlord’s knowledge or consent? If a tenant transfers the occupancy of a rental unit in a manner that is not according to the assignment or subletting protocol as established under the Residential Tenancies Act , the landlord may apply to the Landlord and Tenant Board for an order evicting the unauthorized occupant within 60 days of discovering the situation.

What are the landlord’s rights with respect to subletting? The landlord’s rights related to subletting are limited as the Residential Tenancies Act states that “with the consent of the landlord, the tenant may sublet a rental unit to another person…” The landlord’s consent cannot be unreasonably or arbitrarily withheld.

Does the landlord have the right to screen candidates for a sublet? With the sublet, a landlord does not always have a right to screen candidates and give their approval like with an assignment. This is due to the fact that the landlord is not dealing with the person subletting directly, the tenant is still responsible for anything that happens in the rental unit.

What are the landlord’s rights with respect to assignment? The landlord has several options when the assignment of a rental unit is requested. The provisions for the assignment of a rental unit are extensive and include the following: If a tenant asks a landlord for his/her general consent to the assignment of a rental unit, the landlord may: a) consent to the assignment of the rental unit; or b) refuse consent. If a tenant asks a landlord for his/her specific consent for the assignment of a rental unit to a potential assignee, the landlord may: a) consent to the assignment of the rental unit to the potential assignee; b) refuse consent to the assignment of the potential assignee; or c) refuse consent to the assignment of the rental unit. A tenant may give the landlord a notice of termination within 30 days after the date a request is made if: a) the tenant asks the landlord to consent to an assignment of the rental unit and the landlord refuses consent; b) the tenant asks the landlord to consent to an assignment of the rental unit and the landlord does not respond within seven days after the request is made; c) the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord refuses consent to the assignment of the rental unit; d) the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord does not respond within seven days after the request is made. – The landlord shall not arbitrarily or unreasonably refuse consent to an assignment of a rental unit to a potential assignee. – A landlord who has given general consent to the assignment of the rental unit may subsequently refuse consent of the rental unit to a specific potential assignee. – A tenant may only be charged the landlord’s reasonable out-of-pocket expenses incurred in giving consent to an assignment to a potential assignee. To avoid confusion when calculating the seven-day response period, it is advisable to include a provision in the tenancy agreement requiring the tenant to request the assignment in writing.

The Residential Tenancies Act Fact Sheets are intended to landlords better understand their rights and responsibilities. They are not intended as legal advice but rather as general information.

© Landlord’s Self-Help Centre – 2021 www.landlordselfhelp.com

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Legal Templates

Home Real Estate Lease Agreement

Rental and Lease Agreement Templates

Use our Lease Agreement to rent out your residential property.

Updated May 26, 2023 | Legally reviewed by Susan Chai, Esq.

A Lease Agreement (or rental agreement) is a document that explains the terms under which a tenant rents a residential or commercial property from a landlord.

Lease agreements are legally binding contracts that explain the obligations and rights of the tenant and landlord. Even if you’re renting out a room in your house to a friend or family member, you need a lease agreement for legal protection if you encounter problems with your tenants.

Lease Agreements By Type

Lease agreements by state.

• Legal Information & Guides for Landlords

How to Lease a Residential Property [Landlord Lifecycle]

Landlord and tenant laws by state, rental/lease agreement glossary, how to write (fill out) a lease/rental agreement.

• Sample Residential Lease Agreement [& Forms by State]

Frequently Asked Questions (FAQs)

Here are some free lease agreement templates by type:

Residential Lease Agreement Forms [For Landlords]

Sublease agreement forms [for tenants], commercial lease agreement forms, addendums & amendments, other disclosures and addendums.

Download the most common disclosures and addendums below in MS Word (.docx) or Adobe PDF format:

• Asbestos Disclosure ( Word ) – notifies tenants of asbestos at the property (required for properties built before 1979)
• Bed Bug Addendum ( Word ) – explains how both parties should act in the event of a bedbug infestation
• Carbon Monoxide and Smoke Detector Addendum ( Word )– states whether the landlord will provide carbon monoxide/smoke detectors and how the tenant is responsible for keeping them in good condition.
• Death in Rental Unit Disclosure ( Word ) – informs the tenant if anyone previously died on the property.
• Disclosure of Lead-Based Hazard s ( PDF ) – notifies tenants of the existence of lead-based paint or other materials (required for properties built before 1978)
• Flood Hazard Area Disclosure ( Word ) – states whether the property is in a special flood hazard area.
• Foreclosure Notice ( Word ) – the tenant should provide this during the lease if you must explain that the rental agreement terminates on a specified date.
• Illegal Substance Contamination Disclosure ( Word ) – notifies the tenant if parts of the property have been contaminated by the manufacturing or storing of an illicit substance (such as methamphetamine)
• Mold Disclosure ( Word ) – notifies the tenant that the property may contain mold and whether the landlord will fix it.
• Notice of Abandoned Personal Property ( Word ) – tells the tenant that they left something in the unit when they moved out and need to collect it before it’s thrown out.
• Shared Utilities Disclosure ( Word ) – explains how utilities are calculated and shared between multiple residents.

Additionally, you can end an existing lease with a lease termination letter  or extend a rental for another term with a lease renewal .

Find your state-specific residential lease agreement below.

• Connecticut
• District of Columbia
• Massachusetts
• Mississippi
• New Hampshire
• North Carolina
• North Dakota
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• West Virginia

Legal Information & Guides for Landlords

Whether you’re an experienced or first-time landlord, you can use these resources and guides to understand in simple terms what the law says about leases and rental contracts:

• How to Lease a Residential Property [Step by Step]

Follow the steps below to rent your property easily:

1. Show your rental unit to tenants

The first step in renting out a house or an apartment is to allow people to view the property . If tenants like the property and want to move in, they will likely inquire about the rent amount.

Hosting viewings can be inconvenient if you have multiple properties, so many landlords hire a property management company to show their rental units to potential tenants.

2. Give the tenant a rental application form to fill out

Once you agree on the rent price, the tenant should fill out a rental application . This form helps the landlord screen the tenant, and it includes information such as the applicants:

• Current address
• Place of employment
• Income level
• Rental references

The tenant can confirm their workplace using an employment verification letter . This document is accessible for renters to show proof of income .

Typically, landlords require a small, non-refundable fee from the tenant to process the rental application.

3. Run a background and credit check

After reviewing the tenant’s application, you should run a background check (and/or a credit check).

A background check shows if the applicant has a prior criminal history, and a credit check confirms whether the applicant has good or bad credit.

Bad credit may signify poor financial planning resulting in missed rent payments.

Although these checks help you avoid dealing with bad tenants , you shouldn’t base your decision to rent the property solely on the results.

Many states have strict guidelines on tenant discrimination. Refusing tenancy because of minor criminal offenses or bad credit may justifiably violate federal anti-discrimination law.

4. Check the tenant’s references

Next, you must check the tenant’s references in their rental application form mentioned in step 2.

You should contact the references and ask questions such as:

• Did the applicant pay their rent and utilities on time?
• Were there any noise complaints at the tenant’s previous apartment?
• Have the police ever been called to the tenant’s last rental unit?
• Would you consider renting to this person again?

Rental references are usually from current or previous landlords and can give insight into the tenant’s character and behavior.

5. Create a lease agreement

Once you’re happy to rent your property to a tenant, you must create a lease/rental agreement in the correct format.

You make a lease agreement by writing it yourself from scratch, filling in a blank lease agreement template that includes all the necessary clauses, or using a lease agreement builder to create a lease specific to your property.

Remember to include the following:

• The move-in date
• The monthly rent payment amount
• When the rent is due each month
• What will be done about late rent payments
• Who should pay or manage the utilities
• The penalties, if any, for breaking a lease

Both parties sign the agreement after creating the lease contract and reviewing everything with your new tenant. You may need to calculate prorated rent depending on when the tenant moves in.

6. Hand over the keys

Once the lease agreement is completed and signed, give the tenant the keys to move into the property.

Remember to conduct a unit walkthrough alongside the tenant to finish the process. Bring a rental inspection checklist and document the property’s condition before the tenant moves in.

Federal law recognizes that landlords and tenants have individual legal rights and obligations .

Find out what the law in your state says about your rights using the table below, or check the following specific laws for your property:

State Laws on Landlord’s Access to Rental Property

Tenants have the right to privacy when they rent a property. However, there may be reasons why a landlord needs to access the property , such as for maintenance or inspections.

Nearly every state requires a landlord to give advance notice to their tenants before accessing a rental unit. Use the table below to check how much notice you need to give in your state and check the relevant law:

Security Deposit Laws

Each state regulates the maximum amount of money a landlord can collect as a security deposit from a tenant. Some states also require landlords to return security deposits to tenants within a specific time (potentially with interest).

Usually, a landlord can deduct the following costs from the tenant’s security deposit:

• Unpaid rent
• Cleaning costs
• Key replacement costs
• Cost to repair damages above ordinary wear and tear
• Any other amount legally allowable under the lease

Use the table below to see the maximum security deposit limit in your state, whether it needs to be held in a separate account, and how much time you have to refund it after the lease ends:

Here are some helpful definitions for the legal language commonly used in lease and rental agreement forms:

• Access : the right to enter a property.
• Accidents : artificial or naturally occurring events that may damage a property (fire, flood, earthquake, etc.).
• Alterations : modifications made to a property.
• Appliances : standard home equipment like a refrigerator or dishwasher.
• Assignment : the transfer of an interest in a lease.
• Attorney Fees : a payment made to a lawyer.
• Condemnation : the government is seizing private property for a public purpose, such as highway construction.
• Default : when a breach of contract occurs and persists, such as not paying rent or violating other terms of a rental lease agreement.
• Furniture : standard home equipment such as couches, tables, beds, etc.
• Guarantor / Co-Signer : someone accountable for paying rent if the tenant cannot.
• Guests : short-term occupants of a rental property.
• Joint and several liabilities : two or more people are independently held accountable for damages, regardless of who is at fault.
• Late Rent Fee : an additional, reasonable sum of money paid by a tenant after making a rent payment past the due date listed in the lease agreement.
• Noise Policy : a provision of a lease agreement outlining “quiet hours” in the apartment building, condominium, or neighborhood.
• Notice : a written announcement of some fact or observation.
• Option to Purchase : the tenant’s right to purchase the rental property later.
• Parking : designated spaces where the tenant can keep their vehicles.
• Pet Policy : the permission or restriction of a tenant’s ability to have an animal in a rental property.
• Property Maintenance : preserving a rental unit and who is responsible. Such as cutting the grass, removing the garbage, or unclogging the kitchen and bathroom drains.
• Renewal : a tenant’s option to continue the lease.
• Renter’s Insurance : a paid policy that protects personal belongings against theft or damage.
• Severability : a clause of a lease stating that if one part of the agreement is invalid for any reason, the rest of the lease is still enforceable.
• Smoking Polic y: the permission or restriction of a tenant’s smoking ability inside rental property.
• Sublet : a temporary housing arrangement between current and new tenants to rent all or part of the currently leased property. The subletting period must be for less than the lease term.
• Successor : someone who takes over the obligations of a lease from a tenant or landlord.
• Utilities : a public or private service supplying electricity, water, gas, or trash collection to a property.
• Waterbed : a water-filled furnishing used to sleep and not typically permitted in most rental properties

Here’s how to write a lease :

1. Name the parties

A simple rental agreement form must name the parties signing the lease and where they live. First, you should write down the following:

• the landlord or property management company and their current address

2. Describe the premises

The “premises” are the exact address and type of rented property , such as an apartment, house, or condominium.

3. Define the term of the lease

The “term” is the length of time a tenant will rent the listed property. A standard lease agreement should detail when the lease term begins and ends .

Furthermore, a lease can either be fixed-term or month-to-month.

• A fixed-term rental lease means the agreement is set for a predetermined or fixed period. This lease expires on the end date listed in the agreement (usually up to 6 months, one year, or two years from the start date).
• A month-to-month rental lease means the agreement lasts one month with no defined end date. It continues monthly until either the landlord or tenant terminates the agreement.

4. Set how much rent is owed

A lease agreement must explicitly list the monthly rental amount and outline the consequences of late rent.

It’s up to the landlord to decide how much to charge for rent, but the cost is usually comparable to other properties within the same area.

In addition, standard rent control laws may limit the amount you can charge for rent. Check your local rent control ordinance to ensure your lease agreement complies with those regulations.

5. Assign a security deposit amount

A security deposit is a set amount of money usually collected at the beginning of the lease.

6. Finalize the lease

Once you finish discussing the details with your tenant, remember to:

• Print – print at least two copies of the rental lease for you and the other party
• Sign – sign and date the lease agreement form (both the tenant(s) and landlord)
• Save – file a hard copy of the signed document safely and consider scanning an electronic copy for extra safekeeping.

Sample Residential Lease Agreement [& Forms by State]

The following standard residential lease agreement works for all states except California , Florida , and Washington, DC .

View our filled-out rental lease example to see a completed residential lease agreement.

Use these free printable lease agreement templates or create a customized document using our easy step-by-step builder .

What Is a Lease? A lease is a legally binding contract used when a landlord (the “lessor”) rents out a property to a tenant (the “lessee”). This written agreement states the rental terms, such as how long the tenant will rent the property and how much they will pay, in addition to the repercussions for breaking the agreement. A lease is also commonly called a lease agreement, a rental agreement, a rental contract, a lease form, a rental lease agreement, an apartment lease, a tenancy agreement, and a house rental agreement. Why Do I Need a Lease Agreement? You need a lease agreement because it explains your responsibilities as a landlord, sets rules for the tenants living in your property, and is often required by state law. A lease agreement helps you avoid disputes with your tenants and fix problems when they arise. Suppose you rent out a property but don’t use a lease agreement. In that case, you could lose rent money, be liable for illegal activities on the property, receive penalties for unpaid utility costs, or spend a lot on property damage repairs and lawyer fees. Anyone renting a home, land, or commercial building should have a lease agreement. All adult tenants must be given a copy of the lease agreement after signing it. Landlords and property managers should also keep a copy on file. How Do I Rent Out a Room in My House? You rent out a room in your house by using a lease agreement stating you’re renting out a room, not the entire property. If you’re a tenant living in a rental property, you can sublet a room to another tenant using a room rental agreement . A standard residential lease and a room rental agreement allow you to establish quiet hours; times guests can visit, how to divide utility payments, and rules regarding pets, smoking, and parking. Both parties sign the agreement to rent a room, and the landlord collects a security deposit from the tenant before handing over the keys. What’s the Difference Between a Lease and a Rental Agreement? The difference between a lease and a rental agreement is the duration of the contract. Lease agreements are typically long-term (12 to 24 months), whereas rental agreements are usually short-term (a few weeks or months). If you decide whether a lease or rent is best for you, remember that a lease agreement provides more security, but a rental agreement offers more flexibility. What Are My Responsibilities as a Landlord? Your responsibilities as a landlord include the following: Repairing and maintaining the normal wear and tear of appliances like the air conditioner or heater. Respect a tenant’s right to “quiet enjoyment” (living without disturbances). For example, you should not visit the property unnecessarily and deal with problems that cause noise (such as dogs barking). Provide the tenant a safe and clean home for the lease term. Examples include getting rid of mold , resolving water damage, and fixing ventilation problems. Return the tenant’s security deposit if the tenant treats the property respectfully and the rental is in good condition at the end of the lease term. Give the tenant advance notice when you must enter the premises to fix something or show someone the property. Landlords’ responsibilities differ according to state landlord-tenant laws , which describe how a landlord should handle access to the property , security deposits , and evictions . What Happens if a Tenant Violates a Lease? If a tenant violates a lease , the landlord may try to resolve the problem by allowing the tenant to fix it (unless the violation is significant, such as using the property to sell or manufacture illegal drugs). If the issue is not resolved within a specific period (as set by state law), the landlord can begin eviction to remove the tenant. Common lease violations include unpaid rent and utility bills, damage to the property, and the tenant breaking the law. What Should I Include in a Lease Agreement? You should include the following information and clauses in a lease agreement: Names of all tenants : write the names of every adult living on the property. Term : State the lease’s duration and whether it’s for a fixed period or will automatically renew. Rent : set the amount of money the tenant will pay to live in the property and which day of the month the tenant will pay the rent. Premises : describe the property and where it is located. Security deposit : assign an amount of money the tenant will give the landlord to hold in case of any damages Depending on your property and its location, you may need to include some common disclosure and addendums that address specific situations such as smoking or pets. Related Landlords Documents Lease Termination Letter : A document created by the landlord or tenant in order to end an existing lease or rental agreement. Lease Renewal Agreement : Extends the term of an existing lease agreement between a landlord and a tenant. Eviction Notice : A written record that the Landlord properly notified the Tenant of a problem (i.e. lease violation, late rent, the lease ended). Free Lease Agreement Form

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Residential Lease Agreement

Last Updated: May 2, 2022 by Elizabeth Souza

• Month-to-Month

A standard residential lease agreement (or “rental agreement”) is a written document between a landlord and tenant that formalizes an agreement to rent real property for a fee. The contract must include specific details such as the monthly rent and the responsibilities of each party.

Residential Lease Agreements by State

Types of lease agreements.

A lease is a legally binding agreement between the landlord and tenant. The agreement allows a tenant to use the property in exchange for a rent payment.

• Standard/Fixed Term – The most common lease agreement is a fixed term agreement, typically payment is due every month, and the lease term is generally one year or a fixed lease period.
• Month-to-Month – An agreement which typically lasts for 30 days and usually involves an automatic lease renewal. The lease will continue until a tenant or landlord provide a notice to end the tenancy.
• One Page (Simple) – A simple, one-page agreement between the landlord and tenant for a fixed term.
• Sublease – This agreement can be constructed in two ways: a tenant who wants to end their lease early, but the landlord denies the early termination and instead decides to rent to a subtenant until the expiration of the lease; or a tenant who wants to remain in the dwelling unit while renting a room to a subtenant.
• Roommate – This agreement is designed for tenants who live in the same dwelling unit and share common areas. This type of agreement can be constructed in two ways: among roommates; or among roommates and the landlord.
• Commercial – A lease that is used for commercial business property (e.g., retail, office space, or industrial use).
• Short-Term (Vacation) – A short term tenancy that typically lasts a few days.
• Land Lease – A lease which can be used to purchase home and land.
• Rent to Own – An agreement where the tenant has the option of purchasing the dwelling unit. Typically, the lease includes both rent payments and additional payments for a down payment on the home.

Lease Agreement Basics

A lease outlines a plan of tenancy and defines the rights and responsibilities of both the landlord and tenant.

What is the difference between a lease and a rental agreement?

The biggest reason between a lease agreement and a rental agreement is the length of the contract.

• Rental Agreement – secures a tenancy for a short period of time , typically a month or a 30-day period. Month-to-month rental agreements typically renew each month unless the landlord or tenant provides a notice to terminate the tenancy. Landlords have the authority to revise the rental agreement and may choose to increase rent, change the terms of tenancy, or terminate the agreement on short notice.
• Lease Agreement – secures a tenancy for a longer period of time, generally a year. During that time, the landlord is unable to raise the rent or change the terms of the tenancy unless the lease agreement allows for modifications, or the tenant agrees to the changes in writing. Landlords in high vacancy areas often prefer leases due to the income stability and low turnover costs.

Can a tenant rent without a lease agreement?

Depending on the state, a written lease may be required to make disclosures or impose duties relating to tenancies. Oral lease agreements may satisfy some state or local laws but with no clear written agreement, a potential tenancy conflict may arise. It is important to note that without a written agreement, landlords run the risk of not being able to collect or use a security deposit for unpaid rent or property damage.

Can you write your own lease agreement?

You can write your own lease, but to increase landlord-tenant protection, use a lease agreement template or contact an attorney for legal advice. This way, landlords can ensure that the lease is legally compliant and protects your rights as a landlord.

Typical Lease Agreement Provisions

A lease agreement or rental agreement outlines the basic rules and terms that both the landlord and tenant agree to. Below are examples of important information that should be included in every lease or rental agreement.

• Names of Tenants/Landlords – The agreement should state the names of the tenants, landlord, or any individual authorized to speak on behalf of or accept payments for the property. Some states require a landlord to disclose the contact information of anyone authorized to speak on behalf of or accept payments for the property to the tenant(s).
• Resident Contact Information – Knowing how to effectively communicate between a tenant and landlord can save a lot of hassle. Outline how both the tenant and landlord want to be contacted (e.g., text, phone, written notice, etc.).
• Limits on Occupation – Having this outlined in the agreement guarantees a landlord’s right to determine who should be occupying the dwelling unit. If a person’s name is not on the agreement, it could potentially be grounds for eviction.
• Type of Tenancy – The agreement should clearly state what type of tenancy arrangement a landlord will have with the tenant (e.g., month-to-month, fixed term, etc.). Include the start date, tenancy length and expiration date (if there is one).
• Payment of Rent – Details of how the rent should be paid (i.e., mailing a check, paying online, etc.), acceptable payment methods, the amount of rent owed, the date the rent is due (i.e., the first of every month) should all be explained in the agreement. If a landlord is charging a late fee or charging for a bounced check, this should be outlined in the lease or rental agreement.
• Deposits and Fees – To avoid any confusion or conflict, it is recommended to describe how the security deposit will be used (i.e., damages), the amount of the security deposit being collected, how the security deposit will be returned and depending on state laws, where the security deposit will be held and if any interested will be paid to the tenant. Any non-refundable fees should be clearly stated such as a pet deposit or cleaning fee.
• Repairs and Maintenance – The agreement should clearly layout the landlord and tenant’s responsibilities to maintain the dwelling unit (i.e., keep the premises clean, changing the batteries in a smoke detector, maintaining the yard, etc.). This should also outline any restrictions imposed on tenant’s making repairs to the dwelling unit.
• Landlord’s Access to the Property – To avoid any discrepancies regarding a landlord’s right to access the premises and to avoid any privacy issues, it must be clarified in the lease agreement of how much notice must be provided to the tenant. A landlord may access the property to make necessary repairs or in some states to show the unit to potential renters.
• Rules and Policies – Important rules, regulations, and policies (i.e., smoking restrictions, rent control ordinances, health/safety codes, prohibiting illegal activity, or permitting pets, etc.) should be outlined in the agreement. This helps limit a landlord’s liability.
• Disclosures – Depending on the state, federal, state or local laws might require landlords to disclose information in the agreement.

State Lease Agreement Laws

After a lease agreement is signed by both parties, the landlord may be required by state law to provide a copy of the rental agreement upon request. Below are some examples of state requirements for providing copies to tenants.

Required Disclosures and Addendums

Required disclosures and addendums vary by state . Disclosures may be made in the lease or rental agreement and addendums may be attached separately to the lease or rental agreement. Below are the most common required disclosures.

• Lead-Based Paint – It is a federal law that landlords provide notice of the potential risks of lead-based paint in homes built prior to 1978 with a specific disclosure form and pamphlet in addition to any known hazards in the building.
• Asbestos – Informs tenants if there is asbestos at the property so that a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. This disclosure is required for properties build before 1981.
• Bed Bugs – For rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord.
• Landlord’s Name & Address -Landlords or any individual authorized to manage the rental property must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered.
• Mold Disclosure – Informing the tenant of the current mold status of a property to protect against future liability of mold damages which might be caused by a tenant’s negligence during the lease term.
• Shared Utilities Arrangements – For rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month.
• Move-in Checklist – An itemized list of damages to the property before the tenant moves in will clarify that the tenant is responsible for any serious damages that occur during the lease term.
• Refundable/Non-Refundable Fees- If nonrefundable fees are charged, such as a pet fees or other one-time expenses like access to amenities, they must be stated as “nonrefundable” in the lease. Otherwise, they may be subject to a refund upon termination of the lease.
• Smoking – It is recommended to state where smoking or medical marijuana use is and isn’t allowed on the property so that expectations are clear.
• Late and Returned Check Fees – Landlords are recommended to disclose any late fees or returned (bounced) check fees that they intend to charge. Some states limit how high these fees can be and should reflect the actual expenses incurred by the landlord because of a late payment.

Illegal Clauses

It is unlawful for a landlord to require a tenant to waive any of their rights or place discriminatory conditions in a lease or rental agreement. Illegal provisions may result in the landlord being liable for damages.

Here are a few examples of illegal provisions:

• Warranty of Habitability – Every state (except for Arkansas) has an implied warranty of habitability meaning that landlords have an obligation to keep the dwelling unit in a livable condition. Landlords are required to follow specific health and safety codes that provide minimum standards for rental units. This right to a livable dwelling unit cannot be waived.
• Tenant Responsible for Maintenance and Repairs – Landlords need to pay for the property’s maintenance and repairs; however, many leases and rental agreements are written to purposely confuse tenants when describing the landlord’s responsibilities. This is to make tenants feel that the maintenance and repair responsibilities are theirs. It is important to note that in certain circumstances, a tenant may be responsible for a repair if they negligently or deliberately destroy part of the premises.
• Charging Penalties Instead of Fees – All late fees and nonrefundable fees must be outlined in the lease or rental agreement. Late fees cannot be seen as a penalty for paying rent late, instead, the fee should reflect a reasonable estimate of the amount that the late payment will cost the landlord.
• Security Deposit – Security deposit deductions are the most common cause of lease disagreements. Tenants cannot be charged for damage they did not cause, costs the landlord did not incur, or normal wear and tear of the property. Many states regulate how a landlord can use a security deposit.

How to Write

Below is a step-by-step process on how to fill out a lease agreement.

Section I. The Parties

• Date –Include the date when the agreement was written.
• Landlord’s Contact Information –Include the landlord’s name and current mailing address.
• Tenant’s Names  – State the tenant(s) full name(s).

Section II. Location of the Premises

• Address – Include the property address that is being leased.

Section III. Lease Term

• Lease Term – Define the terms of the lease by clearly stating when the lease term begins and ends.

Section IV. Rent

• Monthly Rent Due  – Include the price of rent that is due per month.
• When Rent is Due  – Write the date rent is due, typically rent is due on the first of each month.
• Late Fees & Grace Periods – In most states, a late fee can be charged if rent is not paid on time. If there is a late fee, enter when rent is considered late and the fee for each day or occurrence rent is late.
• Returned Checks – Enter where or not there will be a fee for a bounced check with non-sufficient funds (NSF). If there is a fee, enter the amount per bounced check.
• Rent Increase -Include when the rent increase will become effective.

Section V. Security Deposit

• Security Deposit – If a security deposit will be collected at the beginning of the lease, the amount should be disclosed in the agreement. Generally, this is equal to one month’s rent. Each state’s security deposit law indicates what a landlord can use the money for and the maximum amount that can be charged.

Section VI. Use of Property

• Occupants – Name all tenants who are allowed to occupy the property so there are no discrepancies. This should include the tenant’s immediate family (including children) who will reside in the dwelling unit.

Section VII. Subletting

• Assignment  – Check the appropriate box to allow or deny the tenant to sublet the dwelling unit. If a landlord is allowing the tenant to sublet, it is important to indicate the number of days the tenant must notify the landlord of the subtenant’s contact information.

Section VIII. Right of Entry

• Landlord Access – Landlords have a right to enter the dwelling unit during normal business hours by providing prior notice to tenants. Check with your state law to confirm if there is a required notice period.

Section IX. Non-Delivery of Possession

• Non-Delivery of Possession – If the landlord cannot deliver possession of the property to the tenant at the designated lease term start date, the landlord shall have a certain amount of time which must be outlined in the lease to give possession of the property. Always check with state and local laws to confirm if there is a required possession period.

Section X. Utilities

• Utilities – Indicate which utilities and services the landlord will provide to the tenants. Any utility or service not mentioned in the lease will be the responsibility of the tenant.

Section XI. Pets

• Pets – Indicate if pets are allowed in the rental unit. If they are, outline any restrictions such as the type of pet allowed, the number of pets, weight restrictions. If the landlord is charging a non-refundable pet fee this should be clearly stated in the lease. Check with state laws to see if there is a limit on the amount a landlord can charge for a deposit. It is important to keep in mind that it is illegal to charge a pet deposit/fee for service or emotional support animals.

Section XII. Default

• Default – This section touches on lease termination. If the lease will be terminated by the landlord for noncompliance enter how many days of notice shall be given. Next, if the lease will be terminated by the landlord for nonpayment of rent enter how many days of notice shall be given. It is important to check with state laws regarding notice periods.

Section XIII. Notice

• Notice – To create a line of communication for important notices or demands between tenant and landlord, it is recommended that a landlord provides their mailing address in the lease.

Section XIV. Parking

• Parking – The lease should inform the tenant if parking is included or not. If it is included, indicate how many parking space(s) are available to the tenant, the cost, and a description of the parking space(s).

Section XV. Early Termination

• Early Termination – Gives the tenant to break the lease early or not. The lease must indicate the notice period for breaking the lease and the termination fee. It is important to check with state laws regarding early termination fees.

Section XVI. Smoking

• Smoking Policy – Indicate if smoking is allowed or not allowed on the property. If there is a smoking policy, name the designated area(s) where a tenant can smoke.

Section XVII. Signatures

• Signatures – The landlord and each tenant (who is an adult) should sign and date the agreement. A copy should be distributed to each tenant as well. It’s important to follow state law on distributing lease copies.

Frequently Asked Questions

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The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

Residential Lease Assignment Agreement

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The Residential Lease Assignment Agreement is a document through which a tenant transfers their rights in a residential lease to another who becomes the new tenant .

A residential lease is a rental property designated for people to live. This document is used in situations where a tenant wants to leave the rental property before the end of their lease , and the tenant has obtained the consent of the landlord to assign the lease. In such a case, one option to consider will be to transfer the remainder of the lease to another party, who becomes the new tenant.

For example, a tenant signs a Residential Lease Agreement for a fixed term of one year. After six months, if the tenant wants to relocate to a different place, the tenant can transfer the remaining unexpired six months to another person.

Depending on the nature of the lease, some leases may outrightly prohibit the tenant from assigning their lease. However, some tenants may be required to fulfill some obligations before assigning their lease. In any case, the tenant must check the terms of the lease to ensure that they satisfy the conditions before transferring the lease.

Note that a lease assignment is different from a sublease :

• In lease assignments , the assignor transfers their remaining interest in the lease to the new tenant, who will maintain a direct relationship with the landlord.
• In a sublease , the tenant transfers the rental property to the subtenant for less than the tenant's lease term, and the Consent to Sublease is suitable for sublease.

Please note that this document should be used to assign residential leases (property to live in). However, for the assignment of office spaces or other rental property for business purposes, the Commercial Business Lease Assignment Agreement is also available for download.

How to use this document

This document should be used in situations when a tenant wants to vacate from a rental property before the lease expires. This document requires basic information such as the names and addresses of the assignor and the assignee, description of the rental property, and the lease term. After completing the document, it should be printed and signed by the parties to the agreement.

This document may also be signed electronically. Each party should keep a signed copy of this agreement for their record.

Applicable law

Tenancy agreements are subject to laws of various states in Nigeria. In Lagos State, the following laws are applicable:

• The Tenancy Law, 2011 : The law regulates the right and obligations under tenancy agreements. The law is applicable to all parts of Lagos, except Apapa, Ikeja GRA, Ikoyi and Victoria Island.
• Land Use Charge Law : The land use charge is a property tax that property owners are expected to pay.

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You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.

Other names for the document: Apartment Lease Assignment Agreement, Assignment and Assumption of Residential Lease Agreement, Assignment of Residential Lease, Deed of Assignment of Residential Lease, Deed of Assignment of Room

Country: Nigeria

Housing and Real Estate - Other downloadable templates of legal documents

• Property Management Agreement
• Tenant's Request for Landlord's Permission to Sublet
• Tenant's Request to Assign Lease
• Landlord's Notice to Waive Rent Payment
• Change of Rent Notice
• Request for Extension of Time to Pay Rent
• Landlord's Security Deposit Return Letter
• Residential Lease Agreement
• Rent Receipt
• Notice to Quit
• Late Rent Notice
• Real Estate Agent Agreement
• Residential Tenancy Agreement
• Tenant's Notice to Terminate Tenancy
• Tenant's Letter of Request for the Return of Security Deposit
• Roommate Agreement
• Landlord's Notice of Lease Renewal
• Tenant's Lease Renewal Request Letter
• Notice of Violation of Lease
• Consent to Sublease