What is a residential lease agreement?

A residential lease agreement is a written contract between a landlord and tenant that outlines the terms and conditions of renting a residential property. It specifies rent amount, payment schedule, lease duration, security deposit, maintenance responsibilities, and other important terms governing the rental relationship.

Is a verbal rental agreement legally binding?

A verbal rental agreement may be binding for a month-to-month tenancy, but it is extremely risky. Without written documentation, neither party can prove agreed terms. Most states require written leases for rentals longer than one year. Always use a written lease.

Can a landlord evict without a written lease?

Yes, but it is much harder. Without a written lease, the landlord must prove the rental terms and violations through other evidence. Courts are more skeptical of landlord claims without documentation, making eviction proceedings longer and more expensive.

What should be included in a lease agreement?

A comprehensive lease should include: parties' names and contact information, property address, rent amount and due date, security deposit terms, lease duration, maintenance responsibilities, pet and smoking policies, entry rights, subletting provisions, default remedies, and state-required disclosures.

How much security deposit can a landlord charge?

Security deposit limits vary by state. Many states limit deposits to 1-2 months' rent for unfurnished units. The lease must specify the deposit amount, where it will be held, conditions for return, and timeline for refund after move-out.

Can a landlord enter the rental property without permission?

No, except in emergencies. Most states require landlords to provide 24-48 hours advance notice before entering. The lease should specify notice requirements, permissible entry reasons (repairs, inspections, showings), and emergency access provisions. Unauthorized entry can be trespassing.

What happens if rent is paid late?

The lease should specify late payment penalties, typically a flat fee or percentage of rent after a grace period (usually 3-5 days). Continued late payment can constitute breach of lease and may lead to eviction proceedings as outlined in the agreement.

Can a tenant break a lease early?

Yes, but there are consequences. Tenants may be liable for remaining rent, lose their security deposit, or face legal action. Some leases include early termination clauses with penalties. Landlords must try to re-rent the property to minimize damages.

Residential Lease Agreement

Answer a few questions to create a professional Residential Lease Agreement, ready to edit and sign.

General-purpose template. Set up for New Mexico from our state data, with limited New Mexico-specific provisions; they have not yet been reviewed by us.

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Landlord & lease dates

When does the lease start?

The date the lease obligations begin.

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Example: first of next month

Why it matters: Start date anchors term and rent commencement.

When does the lease end?

End date for a fixed-term lease.

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Example: first of next month

Why it matters: End date must be after the start date.

What is the landlord or property owner's full name?

Full legal name of the landlord or property owner.

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Example: Jordan Lee or Lee Property Holdings LLC

Why it matters: Appears as the landlord party on the lease.

What is the landlord's mailing address? Same as property address

Use the address where rent payments and legal notices should be sent.

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Example: 123 Main St, Suite 200

Why it matters: Used for notices and often for where rent is sent.

Add more details optional

Landlord phone number · Landlord email. Anything you fill in here appears in your document; leave it blank to skip.

Landlord phone number optional

Optional contact number for day-to-day communication.

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Example: (555) 010-1234

Why it matters: May appear in the landlord contact section.

Landlord email optional

Optional email for notices if the parties agree to electronic delivery.

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Example: name@example.com

Why it matters: May appear in the landlord contact section.

Tenant(s)

What is the tenant's full legal name?

Full legal name of one adult tenant who will sign. Add every other adult who will sign in the next question.

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Example: Alex Rivera

Why it matters: Appears as the primary tenant party on the lease.

Other adult tenants who will sign optional

No entries yet — add the first card below.

Each person added here is a tenant on the lease and gets their own signature line.

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Use Add to create another card; Duplicate copies one.

Why it matters: Named in the lease as Tenant 2, Tenant 3 and so on, each with a signature block.

Current mailing address for the tenant(s) optional Same as property address

The lease prints this one address for every tenant listed above, so use an address where all of them get mail. Leave blank if you do not have it yet.

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Example: same as rental, or a forwarding address

Why it matters: If given, it is printed beside every tenant's name and is used for notices before move-in.

How many people may live in the unit? optional

Total permitted occupants, including children.

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Why it matters: Sets the occupancy limit stated in the lease.

Anyone else living there who is not signing optional

No entries yet — add the first card below.

People who live in the unit but do not sign, such as children. Add adults who will sign under other tenants above.

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Use Add to create another card; Duplicate copies one.

Why it matters: Named in the lease as permitted occupants.

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Tenant phone number · Tenant email. Anything you fill in here appears in your document; leave it blank to skip.

Tenant phone number optional

Optional contact number for the primary tenant.

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Example: (555) 010-1234

Why it matters: May appear in the tenant contact section.

Tenant email optional

Optional email for notices if the parties agree to electronic delivery.

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Example: name@example.com

Why it matters: May appear in the tenant contact section.

Rental property

What is the property street address?

Street address of the rental unit (not a P.O. box).

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Example: 123 Main St, Apt 4B

Why it matters: Identifies the leased premises in the lease.

What city is the property in?

City name as it should appear on the document.

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Example: Austin

Why it matters: Part of the premises address on the lease.

What state is the rental property in?

Primary state for the rental property. Governing law usually matches this.

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Why it matters: Property location state — often matches governing law.

What is the ZIP code?

5-digit ZIP (or ZIP+4) for the address above.

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Example: 78701

Why it matters: Part of the premises address on the lease.

What type of home is this?

Choose the dwelling type that best matches the unit.

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Why it matters: Identifies the premises type in the lease.

Governing law state (advanced — usually same as property)? Same as property state

Most leases use the property state. Uncheck “Same as property state” only if governing law differs.

What does this mean?

Governing law. This is the state whose laws apply if there is a dispute. For a lease, pick the property's state - not where you live if that is different.

Not sure? Usually this is the state where the rental property is located.

Why it matters: Sets the governing-law jurisdiction on the lease.

Rent & deposit

Enter rent and deposit amounts in dollars — no cents required.

How much is the monthly rent?

Enter the full monthly rent in dollars.

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Example: 1500

Why it matters: This amount appears in the rent clause and payment schedule.

How much is the security deposit?

Refundable amount paid before move-in. Check your state deposit limits.

Not sure?

Many landlords use about one month's rent, but some states cap how much you can collect.

What day is rent due each month?

Most residential leases use the 1st.

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Why it matters: Sets the monthly rent due date in the payment clause.

Common default — change if needed

Days to return deposit after move-out (if known)? optional

Leave as Per state law unless you want a specific deadline that meets state minimums.

Not sure?

Return deadlines vary by state. Choose the closest match or pick "Per state law" if unsure.

When is the first full month's rent due?

Due upon signing Due before possession Due on commencement date Custom schedule in addendum Other / Custom Enter your own value

Choose when the first full month’s rent must be paid.

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Why it matters: Controls first-month rent timing in the lease.

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Residential Lease Agreement

Draft · your answers

Parties. Landlord and tenant .

Premises. , , .

Term. From to .

Rent. per month.

Security deposit. . Pet deposit .

LandlordTenant

Your answers only. The document's own wording is written when you finish, and the free preview shows the start of it.

Your answers, filling in as you type

Residential Lease Agreement

Draft · your answers

Parties. Landlord and tenant .

Premises. , , .

Term. From to .

Rent. per month.

Security deposit. . Pet deposit .

LandlordTenant

Your answers only. The document's own wording is written when you finish, and the free preview shows the start of it.

Professional guided document. Built from your answers. Preview the opening free, then unlock the complete editable Word and PDF.

What it covers

Landlord and tenant details
Property description
Lease term
Monthly rent
Security deposit
Late fee terms

LeaseCraft provides document templates, not legal advice.

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Residential Lease Agreement

Landlord & lease dates

Tenant(s)

Rental property

Rent & deposit

Fees, term & renewal

Pets, parking & utilities

New Mexico provisions

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