Landlord guides

Residential lease agreements, state by state

What a lease has to contain, the clauses free templates leave out, and the two state-specific numbers that a borrowed template almost always gets wrong — for all 50 states and the District of Columbia.

Jurisdictions covered
51
That cap the deposit
28 of 51
Return deadlines range from
14 to 60 days
Why state-specific matters

The body of a residential lease is much the same everywhere. Two numbers are not: how much you may hold as a security deposit, and how long you have to give it back. Those two are set state by state, they have changed recently in the largest markets, and they are the parts a downloaded template silently carries over from wherever it was written.

Pick your state

StateDeposit capReturn deadlineDeposit guide
Alabama lease agreement1 month's rent35 daysDeposit rules →
Alaska lease agreement2 months' rent14 daysDeposit rules →
Arizona lease agreement1.5 months' rent14 daysDeposit rules →
Arkansas lease agreement2 months' rent60 daysDeposit rules →
California lease agreement1 month's rent21 daysDeposit rules →
Colorado lease agreementNo cap30 daysDeposit rules →
Connecticut lease agreement2 months' rent30 daysDeposit rules →
Delaware lease agreement1 month's rent20 daysDeposit rules →
District of Columbia lease agreement1 month's rent45 daysDeposit rules →
Florida lease agreementNo cap15 daysDeposit rules →
Georgia lease agreementNo cap30 daysDeposit rules →
Hawaii lease agreement1 month's rent14 daysDeposit rules →
Idaho lease agreementNo cap21 daysDeposit rules →
Illinois lease agreementNo cap45 daysDeposit rules →
Indiana lease agreementNo cap45 daysDeposit rules →
Iowa lease agreement2 months' rent30 daysDeposit rules →
Kansas lease agreement1 month's rent30 daysDeposit rules →
Kentucky lease agreementNo cap30 daysDeposit rules →
Louisiana lease agreementNo cap30 daysDeposit rules →
Maine lease agreement2 months' rent30 daysDeposit rules →
Maryland lease agreement2 months' rent45 daysDeposit rules →
Massachusetts lease agreement1 month's rent30 daysDeposit rules →
Michigan lease agreement1.5 months' rent30 daysDeposit rules →
Minnesota lease agreementNo cap21 daysDeposit rules →
Mississippi lease agreementNo cap45 daysDeposit rules →
Missouri lease agreement2 months' rent30 daysDeposit rules →
Montana lease agreementNo cap30 daysDeposit rules →
Nebraska lease agreement1 month's rent14 daysDeposit rules →
Nevada lease agreement3 months' rent30 daysDeposit rules →
New Hampshire lease agreement1 month's rent30 daysDeposit rules →
New Jersey lease agreement1.5 months' rent30 daysDeposit rules →
New Mexico lease agreement1 month's rent30 daysDeposit rules →
New York lease agreement1 month's rent14 daysDeposit rules →
North Carolina lease agreement2 months' rent30 daysDeposit rules →
North Dakota lease agreement1 month's rent30 daysDeposit rules →
Ohio lease agreementNo cap30 daysDeposit rules →
Oklahoma lease agreementNo cap45 daysDeposit rules →
Oregon lease agreementNo cap31 daysDeposit rules →
Pennsylvania lease agreement2 months' rent30 daysDeposit rules →
Rhode Island lease agreement1 month's rent20 daysDeposit rules →
South Carolina lease agreementNo cap30 daysDeposit rules →
South Dakota lease agreement1 month's rent14 daysDeposit rules →
Tennessee lease agreementNo cap30 daysDeposit rules →
Texas lease agreementNo cap30 daysDeposit rules →
Utah lease agreementNo cap30 daysDeposit rules →
Vermont lease agreementNo cap14 daysDeposit rules →
Virginia lease agreement2 months' rent45 daysDeposit rules →
Washington lease agreementNo cap30 daysDeposit rules →
West Virginia lease agreementNo cap60 daysDeposit rules →
Wisconsin lease agreementNo cap21 daysDeposit rules →
Wyoming lease agreementNo cap30 daysDeposit rules →

What a lease is actually for

Not for the tenancy that goes well. A lease exists for the month where you and your tenant remember the arrangement differently — who agreed to the dog, whether the rent was due on the first or the fifth, who was supposed to service the boiler. Everything in the document is there because someone once lost an argument for want of it.

Which is why the two most common defects are so expensive. A deposit above the state cap and a return deadline copied from the wrong state are both invisible for the entire tenancy and both surface at the exact moment the relationship has already broken down.

The three ways landlords get a lease

  • A downloaded template. Free, instant, and of unknown vintage and jurisdiction. Fine as a starting point; dangerous as a final document, because you cannot tell what is missing by reading it.
  • An attorney. The right answer when there is real money involved or the property sits under heavy local regulation. Typically a few hundred dollars, and worth it in those cases.
  • A state-aware generator.Builds the document from your own property and tenant data with the current statutory figures filled in. Rentmark’s prints the citation on the lease so you can check it, includes the clauses templates omit, and costs nothing to use.

Before you reuse the lease you already have

If your current lease came from a previous landlord, a search result or a friend, run it through the free lease auditfirst. It checks the deposit amount against your state’s cap, the return deadline against the statute, and the lead-paint disclosure against the build year — the three defects that account for most of the money lost on this document. It takes about two minutes and you do not upload anything.

Frequently asked

Is there a truly free lease agreement template?

Plenty of free templates exist; the problem is not the price but the provenance. Most were written for one state at one point in time, and the two things that go stale fastest — the security deposit cap and the return deadline — are exactly the two that cost money when they are wrong. Rentmark generates the lease from your state's current rules and charges nothing for writing or signing it.

Can I use the same lease in every state?

No, and the differences are not cosmetic. Deposit caps range from one month's rent to no cap at all, and return deadlines run from about two weeks to two months. A lease that is perfectly compliant in one state can be over the cap and past the deadline in the next one along.

Does a lease have to be notarised?

Generally no. A residential lease is binding when the parties sign it, and notarisation is rarely required for a standard term. Electronic signature is accepted for residential leases in every US state under the federal E-SIGN Act and state equivalents.

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

In common usage a lease means a fixed term, normally twelve months, while a rental agreement means a month-to-month arrangement that renews until someone gives notice. Legally they are the same kind of contract; the difference is the term and the notice, not the form.

Who should sign the lease?

Every adult who will live in the unit, not just the one who filled in the application. An occupant who is not on the lease owes you nothing contractually — no rent, no damage, no obligations — and removing them is far harder than adding them was.

This is not legal advice. The per-state figures on these pages cover the security deposit cap and return deadline, cited to the statute. Disclosure obligations, late-fee limits and entry rules vary by state and often by city, and are not enumerated here. Check your local ordinance, and have an attorney read the document when the stakes justify it.

Writing and signing leases is free

Add your properties, units and tenants, generate a state-aware lease, send it for signature — none of that costs anything. The subscription starts when you want Rentmark to run the tenancy day to day.

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