Your first lease

What to know

1. Get the whole lease before you pay. Ask for a complete copy, plus copies of any building rules it refers to, before you sign or hand over money. California's official tenant guide says not to sign with blank spaces and not to feel rushed. Source: California DRE¹ A landlord who wants payment first by wire, gift card or crypto is running a scam. Source: FTC⁶
2. Find the money terms. Write down the monthly rent, the exact due date, how you pay and who you pay, the late fee and when it starts, and any returned-check fee. California's guide lists all of these as terms a lease should state. Source: California DRE¹ Some states cap late fees. In New York, rent isn't late until more than 5 days after it's due, and the fee can't be more than $50 or 5% of the rent, whichever is less. Source: New York AG²
3. Find the length and the end. Note the start and end dates, whether it turns into month-to-month afterward, and how much written notice you must give before moving out. Texas's attorney general points out that many leases require 30 days' notice as a condition of getting your deposit back. Source: Texas AG³
4. Find the security deposit rules. Write down the amount, what it can be used for, and how and when you get it back. Many states cap the amount and set a deadline for returning it (see the table below). Landlords generally can't charge your deposit for normal wear and tear, like carpet worn down from being walked on. Source: Texas AG³
5. Find every other fee. Look for application, pet, parking, amenity, cleaning, key or move-in fees. In California, pet, key and cleaning fees count as part of the deposit, no matter what they're called. A deposit can't be labeled nonrefundable, and an application screening fee is a separate charge. Source: California DRE¹
6. Find who pays which utilities. Check electricity, gas, water, trash and internet one by one, and who takes care of the yard if there is one. Source: California DRE¹ Ask the landlord or the utility for a typical monthly bill so your budget is real.
7. Find who fixes what, and how you ask. The lease should say how to report problems and give an emergency number. Source: California DRE¹ In New York, every lease includes a right to a livable home: regular heat and hot water and no insect infestation. A lease clause that waives that right is void. Source: New York AG²
8. Find the entry rules. Look for how much notice the landlord gives before coming in, and at what hours. In California, 24 hours' written notice is presumed reasonable, during normal business hours, except in an emergency. Source: California DRE¹
9. Find the subletting and roommate rules. Can you sublet, add a roommate or have a long-term guest? If you sublet, you usually stay responsible to the landlord. Source: California DRE¹ If you sign with roommates, you may each be on the hook for the full rent, not just your share. Source: GW Housing⁷
10. Find the early-exit cost. Look for an early termination fee, a rule that you owe rent until the place is re-rented, or both. New York's law makes landlords try to re-rent if you leave early, and a lease can't waive that. Source: New York AG² Some states let you end a lease early for military orders or domestic violence (see below).
11. Get changes in writing, then sign. If you negotiate anything, like a pet, a lower late fee or a repair before move-in, write the change into the lease and have both of you initial it. Source: Texas AG³ Spoken promises are hard to prove. Keep your signed copy where you can find it.
12. Do a move-in walkthrough before you unpack. Go room by room with the checklist below. Take dated photos and video of every wall, floor, appliance and existing damage, and send the landlord a copy by email so there's a record. California's guide recommends a written inventory signed by both of you. Source: California DRE¹

Your 10-point lease check

• Rent: amount, due date, how and where to pay, grace period, late fee, returned-check fee.
• Term: start and end dates, what happens at the end (renewal, month-to-month), notice you must give to leave.
• Deposit: amount, what it covers, return deadline, and where to send your forwarding address.
• Fees: every other charge (pet, parking, amenity, cleaning, key, admin), and whether any are refundable.
• Utilities: which ones you pay, which the landlord pays, and a typical monthly cost.
• Repairs: how to request one, the emergency number, and anything you're responsible for, like light bulbs or the yard.
• Entry: how much notice the landlord gives and at what hours.
• People and pets: who can live there, the guest rules, the pet rules.
• Subletting: allowed or not, and whether you need written permission.
• Leaving early: the fee or formula, and whether you owe rent until the place is re-rented.

Deposit, entry and repair rules in three big states

Every state sets its own rules. Here's how three large states handle them, from each state's official guide. If you live somewhere else, find your state's guide through USA.gov's list of state tenant resources. Source: USA.gov⁴

These are summaries, not legal advice. Cities can add their own rules, so check your city or county housing office too.

Move-in walkthrough checklist

• Walls, ceilings and floors: cracks, holes, stains, water damage. Photograph each one up close and from across the room.
• Any moldy smell or visible mold, especially under sinks and around the tub and windows.
• Water: run every tap. Check for rusty or discolored water, leaks under sinks, and how long hot water takes to arrive.
• Toilet: flush it. Check whether it keeps running or rocks on the floor.
• Windows and doors: open, close and lock every one, including the deadbolt.
• Lights and outlets: test each one (a phone charger works).
• Heat and air conditioning: turn each on and confirm it works.
• Stove, oven and fridge: turn them on. Check that the fridge gets cold.
• Smoke alarms: press the test button on each one.
• Signs of pests: droppings, bugs and traps.
• Peeling or chipping paint. In older buildings it may contain lead.

Two messages to copy

Asking for a change before you sign: "Hi [name], I'm ready to sign, but I'd like to change section [#]. The lease says [what it says]. Could we change it to [what you want]? If you agree, let's write the change into both copies and we'll both initial it."

Sending your move-in record: "Hi [name], I did my move-in walkthrough today, [date]. I've attached [#] photos and a video showing the condition of the unit, including [the existing damage]. Please keep this with my lease file. Thanks!"

Tenant guides for all 50 states and DC

Your state's rules decide deposits, notice and repairs. Most of these come from a state attorney general, housing agency, court or legislature. Where we couldn't find one, the row says who publishes the closest guide we found. Each link was opened and checked on October 3, 2026. Cities can add their own rules, so check your city too.

Not a government source: Alabama (Legal Services Alabama, a nonprofit legal aid group) and Ohio (the Ohio State Bar Association). West Virginia: we didn't find a state tenant guide; the attorney general's consumer division takes complaints.

If it doesn't work

• If the landlord won't fix something the lease or the law says they must, put the request in writing, date it and keep a copy. In Texas, the repair remedies only apply if you follow the notice steps exactly. Source: Texas AG³ USA.gov points renters to state tenant resources and to legal aid. Source: USA.gov⁴
• If you think you were treated differently because of race, color, national origin, religion, sex, familial status or disability, you can file a fair housing complaint with HUD. Source: HUD⁵
• If your deposit doesn't come back on time, send a written request with your forwarding address and your move-in photos. If that doesn't work, contact legal aid. Source: USA.gov⁴ Small claims court is the usual next step.
• If you don't understand a clause, ask what it means before you sign, and get the answer in writing. Free legal aid can review a lease.