Lease Red Flag Checklist: Check Your Lease Clause by Clause
The biggest lease red flags are waivers of tenant rights, lockouts or utility shut-offs, entry without notice, non-refundable deposits and confession of judgment. Tick what your lease says and see which clauses are commonly challenged in your state.
- 1. Pick your stateRules differ by state
- 2. Tick your clausesYes, No or Not sure
- 3. See your risksRating, state rule, what to ask
2. Does your lease have these clauses? (0 of 33 answered)
Money & fees
Late feesMedium
“A late fee of $100 plus $25 per day will be charged for rent received after the 1st.”
No grace period & daily late feesMedium
“Rent is due on the 1st. There is no grace period. A late fee applies beginning on the 2nd.”
Daily late fees that keep adding upMedium
“A late fee of $75 is due on the 2nd, plus $10 per day until rent is paid in full.”
Late fees called “additional rent”Medium
“All late charges, fees and other sums due under this Lease shall be deemed additional rent.”
Rent increase clausesMedium
“Landlord may increase rent at any time upon 30 days' written notice.”
First and last month's rent plus depositLow
“Tenant shall pay first month's rent, last month's rent and a security deposit equal to two months' rent prior to occupancy.”
Pet deposits, pet fees & pet rentLow
“Tenant shall pay a non-refundable pet fee of $300 for each animal.”
Tenant pays landlord's attorney feesMedium
“Tenant shall pay all attorney's fees and costs incurred by Landlord in enforcing this lease, whether or not suit is filed.”
Security deposit
Non-refundable security depositsHigh
“$300 of the security deposit is non-refundable and will be retained as a cleaning fee.”
Move-out cleaning & carpet feesMedium
“Tenant shall pay $250 for professional carpet cleaning upon move-out, deducted from the security deposit.”
Security deposit earns no interestLow
“Security deposit shall not bear interest and Landlord may commingle it with other funds.”
Deposit deductions for normal wear & tearMedium
“Tenant authorizes Landlord to deduct from the deposit the cost of repainting and carpet replacement regardless of condition.”
Deposit returned “within 60 days” or at landlord's discretionMedium
“Security deposit will be returned within 60 days after Tenant vacates.”
Security deposit can't be used as last month's rentMedium
“The security deposit shall not be applied by Tenant toward the last month's rent.”
Deposit higher than the state limitHigh
“Tenant shall pay a security deposit equal to three (3) months' rent prior to move-in.”
Deposit forfeited if you move out earlyHigh
“If Tenant vacates before the end of the term, the security deposit shall be forfeited in full.”
Forwarding address or lose your depositMedium
“Tenant must provide a forwarding address in writing at move-out or the security deposit shall be forfeited.”
Entry & privacy
Landlord entry without noticeHigh
“Landlord may enter the premises at any time, with or without notice, for any reason.”
Landlord entry for showings and inspectionsLow
“During the last 60 days of the term, Landlord may show the Premises at any time.”
No complaints to inspectors / retaliation clausesHigh
“Tenant agrees not to contact any government agency regarding the condition of the Premises.”
Lockouts & utility shut-offsHigh
“If rent is more than 5 days late, Landlord may change the locks and deny Tenant access until paid in full.”
Repairs & liability
“Tenant pays all repairs” clausesMedium
“Tenant accepts the premises as-is and is responsible for all repairs and maintenance.”
“As is” condition clausesMedium
“Tenant accepts the Premises in its present ‘as is’ condition and Landlord makes no warranties.”
Mold disclaimer & release clausesMedium
“Tenant releases Landlord from all liability for mold or mildew in the Premises.”
Tenant pays for pest controlLow
“Tenant shall pay for all extermination of insects, rodents and other pests during the term.”
No rent withholding or repair-and-deductHigh
“Tenant shall not withhold, abate or offset rent for any reason, including the condition of the Premises.”
Landlord not responsible for heat or ACHigh
“Landlord is not responsible for repair or replacement of the air conditioning unit.”
“Landlord not liable” & other void clausesHigh
“Landlord shall not be liable for any injury or damage to persons or property, whether caused by Landlord's negligence or otherwise.”
Waivers of tenant rightsHigh
“Tenant waives all rights and remedies under any landlord-tenant statute to the fullest extent permitted.”
Confession of judgment / jury waiverHigh
“Tenant authorizes any attorney to appear for Tenant and confess judgment against Tenant for all rent due.”
Ending the lease & renewal
Automatic renewal clausesMedium
“This lease will automatically renew for successive 12-month terms unless either party gives written notice at least 60 days before expiration.”
Notice to move outLow
“Tenant must give Landlord at least 60 days' written notice of intent to vacate, or the full security deposit is forfeited.”
Short notice to end a month-to-month leaseMedium
“Either party may terminate this month-to-month tenancy on 7 days' written notice.”
General information, not legal advice. Flags show clauses that are often unenforceable or commonly challenged; whether a clause applies to you depends on your state, city and the full lease.
Top 10 lease red flags
The clauses most worth pushing back on. Tap one for the state-by-state rules.
- 1Waivers of tenant rightsGives up rights the law gives you
- 2Lockouts & utility shut-offsSelf-help lockouts or shut-offs
- 3Landlord entry without noticeEntry at any time, no notice
- 4Non-refundable security depositsDeposit kept no matter what
- 5Confession of judgment / jury waiverJudgment without a hearing
- 6No rent withholding or repair-and-deductRepair remedies waived
- 7“Landlord not liable” & other void clausesLandlord never liable
- 8Deposit forfeited if you move out earlyWhole deposit lost on early exit
- 9No complaints to inspectors / retaliation clausesNo reports to inspectors
- 10Deposit higher than the state limitDeposit above the state cap
Lease red flags FAQ
What are the biggest red flags in a lease?
Clauses that try to remove protections the law gives tenants: waivers of tenant rights, lockouts or utility shut-offs, entry without notice, non-refundable deposits and confession of judgment. Many states treat some of these as unenforceable, but the rules differ, so check your state.
Is a clause in my lease automatically legal because I signed it?
Not always. Courts in many states refuse to enforce lease terms that conflict with a statute, such as certain waivers or penalty-style fees. Signing can still make it harder to argue, so ask for problem clauses to be changed or removed before you sign.
What should I check in a lease before signing?
The total move-in cost, deposit terms and deadline to get it back, late fees and grace period, who pays for repairs, when the landlord can enter, how renewal works and how much notice you must give to leave. This checklist covers all of these.
How is the risk rating calculated?
Each clause has a severity weight (high 3, medium 2, low 1). A Yes adds its full weight, Not sure adds half. The total sets the Low, Moderate or High band. It is a guide to what deserves attention, not a legal opinion.
Where do the state rules come from?
From our verified state-law dataset, with a link to the statute for each fact. Where we have not verified a rule yet, the result says so instead of guessing. Laws change and cities can add rules, so confirm with the cited source.
More free tools
All lease red-flag guides
33 clauses, state by state
Late fee checker
Is your late fee legal?
Deposit deadline calculator
When must it be returned?
State tenant laws
Rules by state, with sources
General information, not legal advice.