What renters should know before signing a lease

Key takeaways

• Reading the entire lease is essential — renters should slow down, ask questions and identify fees, maintenance procedures and privacy rules before signing to avoid costly surprises later.
• Renters have clear legal rights, including habitability, nondiscrimination under the Fair Housing Act and proper notice before entry or eviction, protections that apply regardless of what a lease tries to imply.
• Documentation protects your money, from pest issues to security deposits; keeping photos, written requests and records helps renters enforce their rights and recover deposits at move‑out.

When signing a lease to rent a property, knowing your rights can help protect yourself from entering into a bad living situation.

In its simplest form, a lease is a legal agreement setting the terms for a tenant to pay a set amount of money in exchange for being able to live in the apartment or home. Renters have the obligation to pay, but the landlord also has responsibilities to ensure the home is held to a certain standard of living. Both the tenant and landlord have rights.

"A basic right that renters often overlook is the right to a habitable and safe living space," said Mike Bruce, a real estate agent from Denver, Colorado. "Landlords are legally required to maintain basic things like plumbing, structural safety, heat and electricity. Renters sometimes assume they have to deal with things like broken appliances, leaks and mold because they signed the lease. However, habitability standards still apply regardless of what the lease might say."

The lease should outline what the landlord is responsible for and when the renter is responsible. Leases can be long and written in legal jargon, so finding the important details can be overwhelming.

"People read the rent amount and skim the rest. That's where it gets expensive," said Alexei Morgado, a Miami, Florida real estate agent and founder of Lexawise, a test prep company for real estate exams. "Admin fees, pest fees, package fees, late fees. Those quietly raise your real monthly cost, and they're buried in clauses that look routine."

Take your time to read over every page even if you are unsure of what it says. Ask your real estate broker, the leasing agent or landlord to clarify confusing points. Don't let anyone rush you.

"The biggest mistake I see is renters treating the lease like a price sheet instead of a risk document," Morgado said. "They focus on rent and deposit, but skip the clauses that control daily life and liability."

In the lease, there should be a clear way for maintenance requests to be made and a standard for how fast they will be handled.

Once you have leased a home, you are entitled to some basic rights. First, privacy — the landlord cannot come in without giving you notice or communicating with you. Typically, that might be a minimum of 24 hours notice, but it can vary depending on local laws. You will also be entitled to working water, electricity and heat. Air conditioning is not required.

Check for how repairs and maintenance are to be handled. For corporate-owned apartments, there might be a designated maintenance team who can handle matters quickly. For single-family rentals or mom-and-pop-owned apartments, the maintenance might be an outside hire and take longer. Still, there should be a clear procedure for making formal requests and documenting issues outlined in the lease.

Assess the fees in the lease. There will often be some upfront costs like an application fee or security deposit, but there might be some recurring fees.

"Landlords can charge an application fee, a fee for a tenant screening report, require a security deposit, require proof of rental insurance, a pet fee, as well as first and last month’s rent, which could be separate from the security deposit," Exley said. "A lot of these items can be negotiated down or out of the lease and it is important to just have open communication with the landlord."

Once you have signed the lease, it can be much harder to negotiate or change terms.

• Read every page slowly and don’t skim.
• Highlight unclear clauses and ask for clarification.
• Identify who handles repairs and how to submit maintenance requests.
• Confirm privacy rules, including required notice before entry.
• Verify that utilities (water, electricity, heat) are included and working.
• Look for any restrictions that affect daily life (noise, guests, parking).
• Note all upfront fees: application fee, screening fee, security deposit, etc.
• Confirm whether rental insurance is required.
• Calculate your real monthly cost, not just advertised rent.

Pests might be discovered after you sign a lease and move in. It’s very important to make sure the lease outlines how pests will be taken care of by the landlord.

"In most cases, landlords are responsible for addressing infestations if they aren't caused by the tenant," Bruce said. "Renters should report the infestation right away and keep documentation and photos of it."

For multifamily apartments or corporate-owned places, there is typically a set procedure for pest control issues. It’s less clear when renting single-family homes.

"Single-family homes and duplexes, the lease can legally shift that duty to the tenant in writing," Morgado said. "In either case, the method is the same: Report it in writing immediately, photograph everything and record the date."

If you pay for exterminations, document the cost and ask for a reduction on your rent since the landlord is obligated to provide a habitable place.

"Always reread your lease and see if any term covers pests and the solution for removing them from the property," said Derek Exley, founder of Reusable Tenant Screening Report based in Colorado Springs, Colorado. "Small claims court is always an option, if the amount is significant enough to justify it, but should be considered as a last resort."

• Check whether the landlord or tenant is responsible for pest control.
• Report infestations immediately in writing.
• Take photos and videos as evidence.
• Keep receipts if you pay for extermination and request reimbursement.
• Reread the lease for any pest‑related clauses.

When it comes to applying to a place to rent, there are legal protections under the Fair Housing Act.

"Discrimination based on race, religion, sex and disability are all prohibited," Bruce said. "If the landlord applies different screening standards or refuses to rent based on one of those characteristics, then that can qualify as discrimination. It can show up subtly, too, by selective requirements or prompting tenants to different properties."

This protection extends to people with service animals. If you have a service animal, a landlord cannot restrict you from renting or charge you for the pet.

It’s not always clear when a landlord is discriminating, but you can look out for red flags during the application process.

"Landlords should take qualified applicants on a first-come, first-serve basis," Exley said. "If you are a qualified applicant and the landlord makes a comment about waiting for all applications to be received or waiting for other options, or it just seems like the application process is being elongated, inquire into why they are waiting when you have met the qualifications and are ready and available to sign a lease."

When renting, expect to pay a security deposit.

"Security deposits are a normal part of renting and leases," said Exley. "A landlord wants to protect their investment and a way to do that is to have an amount of money held in case something happens to the property."

How much the deposit is can be negotiated.

"Security deposits range in amounts and often there is a requirement for a cleaning fee to be deducted from the security deposit at the end of the lease," Exley said. "This amount can be negotiated down or it can be negotiated to handle the cleaning of the property yourself instead of paying the fee. It is important to pay attention to the damages section and understand the difference between damage and normal wear and tear."

At the end of the lease, when you move out, you are entitled to have your security deposit returned. Before that can happen, the landlord will inspect the unit for damage and pay for any repairs with the deposit funds.

"Security deposits are regulated by the state, which includes limits on how much a renter can be charged and a time frame for the refund upon move-out," Bruce said. "Renters should always take move-in photos and request written documentation for any deductions they have."

Depending on state laws, there might be a deadline for when a security deposit must be returned. On average, it should be returned within 14- to 30 days after moving out. If a landlord refuses to return the security deposit, you can take them to small claims court to demand the funds.

"A renter should always keep a copy of the signed lease agreement, which will have information about the security deposit within it," Exley said. "If needed, this can be used in a mediation hearing or in small claims court if the landlord does something nefarious and goes against the terms of the signed lease."

• Document the unit at move‑in with photos and videos.
• Review the damages section carefully.
• Keep receipts for repairs you handle yourself.
• Request written receipts for all payments.
• Know your state’s deposit return timeline (typically 14–30 days).

When the lease is a few months away from being up, the landlord might offer you the opportunity to renew it, but often with an increased cost. If they are not allowing you to renew the lease, then they must communicate that with you. You also must tell them if you want to renew or not.

"At the end of the lease, the landlord has the ability to increase rent or fees," Exley said. "This is when another negotiation can occur, similar to when the lease was initially signed. If the landlord wants to increase the rent price, but you’re willing to sign a longer lease, they may be willing to maintain the current rental price."

Renewing the lease is a time to negotiate. Read a local market report to see what other apartments are charging and if rent is going up or down. Knowing where your rent stands in the market is a good tool for negotiating.

Other points on the lease can be negotiated. Your history with the property can also be leveraged.

"If you have been a good tenant who has paid on time and the landlord wants to occupy their property, they may be willing to concede to your terms," Exley said.

• Watch for renewal notices 60–90 days before your lease ends.
• Compare your rent to current market rates before negotiating.
• Ask whether signing a longer lease can offset rent increases.
• Confirm any fee increases or new fees in the renewal.
• Use your good tenant history as leverage.

Eviction laws and procedures vary from state to state, but in order to be evicted the landlord must have cause. If you are upholding your lease and paying on time then you should not have to worry about eviction.

"Renters typically can't be evicted without legal notice and a formal process through the courts," Bruce said. "Landlords can't lock tenants out or remove their belongings without a court order."

If you wish to break the lease, you will have to have an early lease termination. How this goes depends on terms outlined in the original lease.

If you are breaking a lease because the landlord is not upholding their end of the bargain, such as providing a habitable place, then you will need to build a case against them.

"With regard to early lease termination, it is important to have a copy of the signed lease and be able to refer to it," Exley said. "A mediation hearing can be used to try and come to an agreement between the tenant and landlord and as a last resort, small claims court can always be utilized if it is warranted to try and obtain lost or potential lost money."

• Remember: Landlords must follow legal notice requirements.
• Confirm that “cause” is required for eviction in your state.
• Save all documents related to disputes or ignored repairs.
• Review early‑termination clauses for buyout options.
• Consider mediation before escalating to small claims court.