Documents

Lease Agreement

The contract between landlord and tenant that governs the tenancy, including deposit terms -- though provisions that violate state law are unenforceable.

All glossary terms

Full Definition

A lease agreement is the legally binding contract between a landlord and tenant establishing the terms of the rental relationship, including the amount of the security deposit, the permitted uses of the deposit, and any special conditions such as a 'professionally cleaned' clause or pet restrictions. While leases are enforceable contracts, they cannot override state statutory protections for tenants. Provisions that purport to make a deposit non-refundable, waive the tenant's right to an itemized statement, shorten the landlord's return deadline, or allow deductions for normal wear and tear are typically void and unenforceable regardless of whether the tenant signed the lease. On the other hand, lease provisions that expand tenant rights -- such as requiring earlier return of the deposit, or reducing the landlord's permitted deductions -- are generally enforceable. Tenants should read the lease deposit provisions carefully before signing, and note any clauses that appear to waive statutory rights, because they may need to challenge those provisions later.

Key Takeaway

The contract between landlord and tenant that governs the tenancy, including deposit terms -- though provisions that violate state law are unenforceable.

Related Terms

Deposit Basics

Security Deposit

Money a tenant pays a landlord before moving in, held as financial protection against unpaid rent or property damage bey...

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Deposit Basics

Non-Refundable Fee

A charge collected at move-in that is explicitly not returned at the end of the tenancy, legally distinct from a refunda...

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Deductions

Cleaning Fee

A deduction for restoring the unit to the same level of cleanliness as when the tenant moved in, which is only lawful if...

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Deductions

Normal Wear and Tear

The minor, gradual deterioration of a rental unit that results from ordinary, everyday use -- which landlords legally ca...

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Legal Process

Constructive Eviction

When a landlord's failure to maintain habitable conditions effectively forces a tenant to vacate, potentially without fo...

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Explore by State

See how the rules around lease agreement apply in popular states:

Legal Deductions
Documentation Requirements

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