Lease Agreement Template by State: Rules for the 10 Most-Searched States

Security Deposit

1 month rent for all property types. AB 12, effective July 2024, eliminated the previous distinction between furnished (3 months) and unfurnished (2 months) units. This applies statewide to all residential rentals, including single-family homes. Veterans and active military service members had the 1-month cap since 2020 under AB 3088.

Return deadline: 21 days after move-out. Interest: Not required.

Late Fee Rules

No statutory cap, but courts require fees to be 'reasonable.' Case law in California generally upholds fees of 5% to 6% of monthly rent. A fee of 10% or higher has been struck down as punitive in multiple Superior Court cases. The lease must specify the exact amount, not a formula that could be interpreted differently.

Required Disclosures

• Lead paint (pre-1978, federal)
• Mold
• Bed bugs
• Sex offenders (Megan's Law database)
• Flood zone
• Demolition plans (if applicable)
• Military ordnance locations
• Pest control company and treatments
• Shared utility arrangements
• Intention to demolish (Ellis Act)

Notice Periods

30 days for tenancies under 1 year. 60 days for tenancies of 1 year or longer. These periods apply to landlord-initiated terminations without cause. Rent increases also require 30 or 90 days notice depending on the increase amount (over 10% requires 90 days).

Eviction Overview

3-day notice for non-payment of rent. 3-day notice to cure or quit for lease violations. 30 or 60-day notice for no-cause termination (depending on tenancy length). Just cause eviction required statewide under AB 1482 (Tenant Protection Act) for buildings over 15 years old. Court process averages 45 to 60 days from filing to judgment.

Security Deposit

No statutory limit. Landlords can set any deposit amount. Common practice is 1 to 2 months rent. The deposit must be held in any account of the landlord's choosing; Texas does not require a separate account. There is no requirement to pay interest on the deposit.

Return deadline: 30 days after move-out. Interest: Not required.

Late Fee Rules

No statutory cap. The lease must include a specific late fee provision, and the fee must be 'reasonable.' Texas Property Code Section 92.019 requires that rent be at least 1 full day late before a late fee can be charged. Courts have upheld fees of 8% to 10% of monthly rent as reasonable in single-family rentals.

Required Disclosures

• Lead paint (pre-1978, federal)
• Flood zone history
• Prior flooding events that materially affected the property
• Property in 100-year floodplain (if known)
• Landlord's name, address, and management company contact

Notice Periods

30 days for month-to-month unless the lease states a different period. The landlord and tenant can agree to a shorter or longer notice period in the lease. Written notice is required unless the lease allows other forms.

Eviction Overview

3-day notice to vacate for non-payment (can be shortened to 1 day in the lease). No cure period required for non-payment. Eviction suit filed in Justice of the Peace court. Trial typically scheduled within 10 to 21 days. Texas has one of the fastest eviction timelines in the U.S., averaging 3 to 4 weeks from notice to judgment.

Security Deposit

No statutory limit on amount. However, deposits must be held in a separate Florida banking institution (interest-bearing or non-interest-bearing) or posted as a surety bond. If the deposit is held in an interest-bearing account, the landlord must pay the tenant either the interest earned or 75% of the prevailing annualized rate, whichever the landlord selects.

Return deadline: 15 days after move-out. Interest: Required by law.

Late Fee Rules

No statutory cap. Must be 'reasonable.' Florida courts evaluate reasonableness based on the relationship between the fee and the actual damages from late payment. Fees of 5% to 10% have generally been upheld for monthly rentals. The lease must clearly state the late fee amount and when it applies.

Required Disclosures

• Lead paint (pre-1978, federal)
• Radon gas (specific language required by Florida Statute 404.056)
• Fire protection and suppression (buildings over 3 stories)
• Landlord's name, address, and registered agent for service

Notice Periods

15 days for month-to-month tenancies. 7 days for week-to-week tenancies. Florida Statute 83.57 governs these periods. The notice must be in writing and delivered to the tenant.

Eviction Overview

3-day notice for non-payment (excluding weekends and holidays). 7-day notice for curable lease violations. 7-day unconditional quit for repeat violations. Court filing after notice period expires. Florida evictions average 2 to 5 weeks in most counties, though Miami-Dade can take 4 to 8 weeks due to court backlogs.

Security Deposit

1 month rent maximum (Housing Stability and Tenant Protection Act of 2019). This applies to all residential rentals statewide, including rent-stabilized units. Landlords cannot collect last month's rent in advance. Previously, there was no statewide cap, and landlords in non-rent-stabilized units commonly collected 2 to 3 months.

Return deadline: 14 days after move-out. Interest: Required by law.

Late Fee Rules

$50 or 5% of monthly rent, whichever is less (HSTPA 2019). Late fees cannot be charged until rent is at least 5 days past due. For a tenant paying $1,500/month, the maximum late fee is $50 (5% would be $75, so the lower cap of $50 applies). Previous law had no statewide cap.

Required Disclosures

• Lead paint (pre-1978, federal)
• Bed bugs (infestation history for past year)
• Sprinkler system status
• Window guards (buildings with children under 10)
• Smoke and carbon monoxide detector maintenance responsibilities
• Flood zone location
• Rent stabilization status (if applicable)
• Previous fire damage

Notice Periods

30 days for tenancies under 1 year. 60 days for tenancies of 1 to 2 years. 90 days for tenancies over 2 years. These notice periods apply to both landlord and tenant (HSTPA 2019 change). Rent increases of 5% or more require the same notice periods.

Eviction Overview

14-day notice for non-payment before filing. 10-day notice to cure for lease violations. Court filing in Housing Court (NYC) or Civil Court (rest of state). New York's eviction process averages 3 to 6 months due to mandatory court appearances, tenant right to counsel in NYC, and administrative backlogs.

Security Deposit

No statewide statutory limit. Chicago's Residential Landlord and Tenant Ordinance (RLTO) caps deposits at 1.5 months rent. Evanston limits deposits to 1.5 months. Elsewhere in Illinois, landlords set the amount. Chicago landlords must hold deposits in a federally insured interest-bearing account within the State of Illinois.

Return deadline: 30 days after move-out. Interest: Required by law.

Late Fee Rules

No statewide cap. Chicago RLTO: $20 for the first $500 of rent, 5% for rent over $1,000. Statewide, the fee must be reasonable. The Chicago ordinance also requires a 5-day grace period before late fees apply. Violation of the RLTO can result in the tenant recovering 2 months rent as damages.

Required Disclosures

• Lead paint (pre-1978, federal)
• Radon hazard awareness
• Code violations known to the landlord
• Utility billing details and allocation method
• Landlord's name and address (or authorized agent)
• Bank name and address where deposit is held (Chicago)

Notice Periods

30 days for month-to-month tenancies (statewide). Chicago RLTO requires 30 days written notice. The notice must clearly state the termination date and be delivered in accordance with the lease terms.

Eviction Overview

5-day notice for non-payment. 10-day notice for lease violations. 30-day notice for no-cause (month-to-month). Court filing in Circuit Court. Chicago evictions average 4 to 8 weeks. Downstate Illinois averages 3 to 5 weeks. Cook County has a mandatory right to counsel program for tenants.

Security Deposit

2 months rent during the first year of tenancy. 1 month rent for any subsequent year. After the first year, the landlord must return the excess within 30 days. Deposits must be held in a federally or state-regulated institution. After 2 years of tenancy, deposits over $100 must be in an escrow account bearing interest.

Return deadline: 30 days after move-out. Interest: Required by law.

Late Fee Rules

No statewide statutory cap. The fee must be reasonable and specified in the lease. Pennsylvania courts have generally upheld fees of 5% to 10% of monthly rent. Philadelphia has its own fair practices ordinance that may impose additional requirements on landlords within city limits.

Required Disclosures

• Lead paint (pre-1978, federal)
• Municipality where the property is located
• Name and address of landlord and any person authorized to manage the property
• Name and address of financial institution holding the security deposit

Notice Periods

15 days for leases under 1 year. 30 days for leases of 1 year or more. Pennsylvania's Landlord and Tenant Act of 1951 governs notice requirements. Written notice is required in all cases.

Eviction Overview

10-day notice for non-payment. 15-day notice for lease violations (with cure opportunity). 30-day notice for holdover tenants. Court filing in Magisterial District Court. Pennsylvania evictions average 4 to 6 weeks from notice to judgment. Philadelphia has a mandatory mediation program for residential evictions.

Security Deposit

No statutory limit. Common practice is 1 to 2 months rent. Ohio does not require the deposit to be held in a separate account. No interest is required. The landlord must provide a receipt if the tenant pays in cash.

Return deadline: 30 days after move-out. Interest: Not required.

Late Fee Rules

No statutory cap. The lease must state the fee amount or calculation method. Ohio courts apply a 'reasonable' standard. Fees have been upheld at 5% to 10% in most jurisdictions. The fee should reflect the landlord's actual cost of late payment processing, not serve as a penalty.

Required Disclosures

• Lead paint (pre-1978, federal)
• Landlord's name and address
• Name and address of person authorized to manage the property and act on the landlord's behalf

Notice Periods

30 days for month-to-month tenancies (Ohio Revised Code 5321.17). Written notice delivered to the tenant. The notice period cannot be waived or shortened by the lease agreement.

Eviction Overview

3-day notice for non-payment (Ohio Revised Code 1923.04). 30-day notice for lease violations. Court filing in Municipal Court or County Court. Ohio evictions average 3 to 5 weeks. The landlord must provide the tenant with the reason for eviction in the notice.

Security Deposit

No statutory limit for private landlords. Landlords with more than 10 units must hold deposits in an escrow account and provide the tenant with the bank name, address, and account type. Landlords with fewer than 10 units are exempt from the escrow requirement but must still comply with return timelines.

Return deadline: 30 days after move-out. Interest: Not required.

Late Fee Rules

No statutory cap. The fee must be stated in writing in the lease agreement. Georgia Code 44-7-30 does not regulate late fee amounts. Courts will evaluate whether the fee is a reasonable estimate of damages or an unenforceable penalty. Common practice is 5% to 10% of monthly rent.

Required Disclosures

• Lead paint (pre-1978, federal)
• Names and addresses of all persons authorized to manage the property and act as the landlord's agents
• Move-in inspection report (must be provided within 3 business days of move-in)

Notice Periods

60 days for month-to-month tenancies (Georgia Code 44-7-7). This is one of the longest default notice periods in the U.S. Written notice is required. The parties can agree to a different period in the lease.

Eviction Overview

Demand for possession (no specific statutory waiting period for non-payment). Affidavit filed in Magistrate Court. Court hearing typically within 7 to 14 days. Georgia's eviction process is relatively fast, averaging 2 to 4 weeks from filing. A writ of possession is issued 7 days after judgment.

Security Deposit

1.5 months rent for month-to-month tenancies. 2 months rent for leases longer than 2 months. Pet deposits are separate and limited to a reasonable amount. The deposit must be held in a trust account in a licensed North Carolina bank or savings institution, or the landlord must post a bond.

Return deadline: 30 days after move-out. Interest: Not required.

Late Fee Rules

$15 or 5% of monthly rent, whichever is greater, but only after rent is 5 or more days late (North Carolina General Statutes 42-46). For a tenant paying $1,200/month, the maximum late fee is $60 (5% of $1,200). This is one of the more specific late fee statutes in the U.S.

Required Disclosures

• Lead paint (pre-1978, federal)
• No additional state-specific disclosures are required by statute, but landlords should disclose known material defects

Notice Periods

7 days for week-to-week tenancies. 30 days for month-to-month tenancies (NC General Statutes 42-14). Written notice is required. The notice must state the date the tenancy will end.

Eviction Overview

10-day notice for non-payment (rent must be 10+ days overdue). Immediate notice for criminal activity or lease violations threatening health/safety. Summary ejectment filed in Small Claims Court. Court hearing within 7 days. North Carolina evictions average 2 to 4 weeks from notice to writ of possession.

Security Deposit

1.5 months rent. The deposit must be held in a regulated financial institution. The landlord must provide the tenant with the bank name and address within 14 days of receiving the deposit. An inventory checklist must be provided to the tenant at or before move-in.

Return deadline: 30 days after move-out. Interest: Not required.

Late Fee Rules

No statutory cap. The lease must clearly state the late fee amount. Michigan courts apply a reasonableness standard, and fees that are disproportionate to the landlord's actual damages may be struck down. Common practice is $25 to $50 flat fee or 5% of monthly rent.

Required Disclosures

• Lead paint (pre-1978, federal)
• Name and address of the owner and any person authorized to manage the premises or act on the owner's behalf
• Name and address of the financial institution where the security deposit is held
• Inventory checklist detailing the condition of the property at move-in

Notice Periods

30 days for month-to-month tenancies if the lease is silent on the notice period. If the lease specifies a different notice period, that governs. Written notice is required under Michigan's Truth in Renting Act.

Eviction Overview

7-day demand for non-payment. 30-day notice for lease violations (with opportunity to cure). Court filing in District Court. Michigan evictions average 4 to 6 weeks from notice to judgment. Detroit and Wayne County may take longer due to court volume.