CaseMark Residential Lease Agreement
Drafts execution-ready residential leases compliant with state landlord-tenant statutes, required disclosures, and Fair Housing Act obligations.
Quick Start
Gather before drafting:
- Property — address, unit, legal description, amenities, year built (pre-1978 triggers lead paint disclosure)
- Parties — legal names of all landlords/entities (with signatory authority) and tenants; contact info
- Jurisdiction — state and municipality (rent control, local ordinances, licensing)
- Financial terms — rent, due date, security deposit, pet fees, included utilities
- Lease term — fixed-term dates or month-to-month; renewal/holdover preferences
- Existing docs — prior leases, inspection reports, HOA/CC&Rs
Core Workflow
Step 1: Jurisdictional Research
Research the property's state and locality for:
| Requirement | Key Variations |
|---|---|
| Security deposit cap | 1 month to unlimited by state |
| Deposit return deadline | 14–60 days by jurisdiction |
| Late fee limits | Flat vs. percentage caps; grace period minimums |
| Notice periods | Termination, non-renewal, rent increase (30–60 days) |
| Required disclosures | Lead paint (pre-1978), mold, bedbugs, flood zone, sex offender registry, smoking |
| Rent control | Local ordinances; allowable increase caps |
| Prohibited clauses | Jury trial waiver, confession of judgment, negligence exculpation, mitigation waiver |
| Landlord licensing | Municipal registration requirements |
Flag CA, NY, MA, NJ as high-complexity — recommend local counsel review.
Step 2: Draft Lease
Produce these sections in order:
- Parties & Property — legal names, joint and several liability, property description, notice addresses
- Term & Renewal — fixed-term dates, holdover status, renewal options, month-to-month notice per state law
- Rent & Fees — amount (numerals + words), due date, grace period, late fee per state cap, rent increase provisions
- Security Deposit — amount within state max, permissible deductions, return deadline with itemized statement, interest if required, move-in/move-out inspection
- Disclosures & Exhibits — lead paint (pre-1978), mold, flood zone, sex offender registry, smoking policy, state-specific disclosures, property condition inventory, HOA/CC&Rs
- Maintenance & Repairs — landlord: structural, HVAC, plumbing, code compliance; tenant: consumables, cleanliness, drain maintenance, negligence damage; repair request procedure with emergency timelines (24–72 hrs)
- Utilities & Services — landlord-paid vs. tenant-paid table, shared utility allocation, seasonal maintenance, pest control
- Occupancy & Use — residential only, max occupants per code, guest policy, subletting requires written consent, alterations prohibited without consent
- Pet Policy — types/limits, deposits vs. fees vs. pet rent; service/ESA animals exempt per Fair Housing Act — use interactive accommodation process, never apply pet restrictions
- Community Rules — quiet hours, parking, common areas, prohibited activities
- Insurance & Liability — renter's insurance required (min $100K–$300K liability), landlord as interested party, indemnification, casualty/condemnation rent abatement
- Default & Remedies — events of default, notice and cure per state law (non-payment: 3–5 day; curable: 10–30 day; incurable: 3-day); self-help eviction expressly prohibited; judicial eviction only
- Early Termination — mutual agreement, landlord breach, SCRA military orders, domestic violence per state statute, unjustified break subject to landlord duty to mitigate
- Move-Out — non-renewal notice per state minimum, final walk-through, key return, forwarding address for deposit
- Boilerplate — severability, integration, no-waiver, notice procedures, governing law (state of property), e-signature (ESIGN Act), signature blocks with witness/notary if term >1 year
Step 3: Cover Memo
Produce a summary memo covering:
- Key terms overview
- Jurisdiction-specific requirements applied
- Information gaps requiring client input
- Recommended next steps
Checks and Pitfalls
- Plain language: Draft for non-lawyer readability; maintain enforceability
- Cite authority: Bluebook citations for state statutes (deposit caps, notice periods, disclosures); mark uncertain citations
[VERIFY] - Fair Housing: Never include discriminatory provisions; handle service/ESA requests through interactive accommodation
- High-complexity states: CA, NY, MA, NJ — always recommend attorney review; flag rent control applicability
- Prohibited provisions: No jury trial waivers, confession of judgment, mitigation waivers, or overbroad negligence exculpation unless confirmed permissible
- Format: Clear headings, defined terms used consistently, proper exhibit references, execution-ready formatting