Financial Terms Checklist
Verify all of the following financial provisions before signing. Confirm the exact monthly rent amount and due date. Identify any late fee amount, grace period, and whether fees compound. Check whether there is a rent escalation clause, and if so, the mechanism (fixed %, CPI, or market rate) and whether there is a cap. Identify all fees beyond rent: parking, storage, pet, administrative, and technology fees. For commercial leases, get a written estimate of current operating expenses and CAM charges. Confirm lease start and end dates and any rent-free periods.
Security Deposit Checklist
The security deposit checklist is critical — deposit disputes are extremely common. Confirm the security deposit amount (check state legal limits). Verify where and how the deposit will be held. Confirm whether the deposit is in an interest-bearing account. Understand what the lease permits as deductions — how is "damage" defined? Check whether a formal move-in inspection is required (it should be). Confirm the return timeline and itemization requirements. Verify whether any portion is described as non-refundable (often illegal for security deposits in residential leases).
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Confirm your fundamental tenant rights are preserved in the lease. Verify the notice period required for landlord entry (24–48 hours minimum). Confirm entry is limited to specific legitimate purposes. Check occupancy policy — who is permitted to live in or occupy the space. Review guest policies and any overnight guest restrictions. Verify subletting and assignment rights and any approval conditions. Check noise, pet, smoking, and use restrictions. For commercial tenants, verify permitted use clause is broad enough for current and planned operations.
Maintenance and Condition Checklist
Confirm all maintenance responsibilities clearly. Identify which maintenance items are landlord-provided vs. tenant-provided. Verify the landlord's responsibility for major systems: HVAC, plumbing, electrical, roof, structure. Confirm who is responsible for appliance repair and replacement. Check whether you have the right to make emergency repairs and deduct costs from rent. Review any "as-is" acceptance language and document existing conditions in writing at move-in. For commercial leases, identify all tenant improvement obligations and the scope of landlord work.
Exit and Flexibility Checklist
Review all provisions affecting your ability to exit or modify the tenancy. Confirm the notice period required before move-out (30, 60, or 90 days). Check for automatic renewal provisions and the deadline to avoid auto-renewal. Identify the early termination fee — flat fee or remaining rent? Verify whether the early termination right has conditions (must give 60 days notice, only applies after month 12, etc.). Review subletting and assignment rights for future flexibility. Check co-tenancy provisions (for retail/commercial leases). Identify any landlord termination rights or relocation rights.
Commercial Lease Additions
Commercial lease checklists require additional items beyond residential provisions. Review personal guarantee scope, duration, and whether a good guy guarantee applies. Audit CAM charges: what's included, excluded, capped, and auditable. Review the use clause for breadth and any restrictions on your business activities. Check assignment and subletting provisions for business sale and restructuring. Identify renewal options, right of first offer, and expansion rights. Verify tenant improvement allowance terms and disbursement conditions. Review signage rights, hours of operation requirements, and any exclusivity provisions.
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SaferLease provides AI-powered informational analysis and is not a law firm and does not provide legal advice.