The rent is easy to spot. The notice deadline or repair bill can take more reading. Use this checklist to find those terms and write down what needs clarification.
ReCounsel is not a law firm, does not provide legal advice, creates no attorney-client relationship, and never signs off on a contract. It is a second opinion only.
I am renting a home · California rules · I am renting business premises · Questions about the review
First: which kind of lease is this?
A home lease and a business lease raise different questions. Find the property location, the named parties and any rules or schedules the lease refers to. Do not assume a clause is lawful or enforceable just because it is printed in the agreement.
This is a reading checklist. It does not assess your legal rights in every state or country. For that, use current local guidance or a qualified local adviser.
Residential: the 5 clauses to check
1. Rent, due date, late fees
Find the rent, due date and payment method. List any separate charges for utilities, parking, pets or late payment. If the agreement refers to another fee schedule, read that too.
2. Security deposit
Find the amount, the reasons given for deductions and the move-out process. Check the rules for the property's location rather than relying on a general deposit limit or deadline.
For a California residential tenancy, the California Courts guide says the landlord has 21 days after move-out to return the deposit or provide the balance with an itemized statement of deductions. See the official security-deposit guide for the details and qualifications. This example is not a rule for other locations.
3. Term and renewal
Write down the start and end dates, then find what happens at the end. Does the agreement renew, continue monthly or require a new agreement? Locate the notice deadline, the permitted delivery method and who must receive it.
"Where does the lease say when I must give notice, and what happens if I miss that date?" Read the answer alongside the renewal clause. Do not assume moving out alone ends every obligation.
4. Repairs and maintenance
Find the wording on reporting problems, access for repairs, routine maintenance and charges. Note any clause that makes you pay for a repair you did not expect. Ask for an explanation and check the applicable local rules before relying on the wording.
5. Early termination
Locate any break clause and the conditions for using it. List the notice, fee and other amounts the contract says remain payable. This guide does not label a particular fee "standard" or decide whether it is enforceable.
California renters: five rules to check against your lease
These points come from the California Civil Code. They cover many residential rentals but not all, and exceptions apply. Read the linked text for your situation, and ask a qualified California adviser if the stakes are high.
1. Security deposit
A landlord generally cannot ask for more than one month's rent as a deposit, on top of the first month's rent. A smaller landlord (a person, or an LLC owned only by people, with no more than two rental properties and four units in total) can ask for up to two months, unless the tenant is a service member. After you move out, the landlord has 21 calendar days to return the deposit or send an itemized statement. See Civil Code 1950.5.
2. Rent increases
For an increase of 10 percent or less, the landlord must give at least 30 days' notice. For more than 10 percent, at least 90 days. Many rentals also have a yearly cap: 5 percent plus the local cost-of-living change, or 10 percent, whichever is lower, and no more than two increases in 12 months. Some homes are exempt. See Civil Code 827 and Civil Code 1947.12.
3. Ending a month-to-month tenancy
A landlord generally must give at least 60 days' notice, or 30 days if you have lived there under a year. Your own notice must be at least as long as the rental period. See Civil Code 1946.1.
4. Entry to your home
A landlord must give reasonable written notice and enter during normal business hours. Twenty-four hours is presumed reasonable if the notice is handed over or left at the door, and six days if it is mailed. Emergencies are an exception. See Civil Code 1954.
5. Repairs and habitability
A home counts as untenantable if it substantially lacks basics such as weatherproofing, working plumbing, hot and cold water, heating and safe electrical wiring. Check how your lease says to report a problem. See Civil Code 1941.1.
ReCounsel can read your lease and flag clauses that look unusual. It is a second opinion, not legal advice. See the California lease review page.
Business premises: a separate checklist
1. Base rent + escalation
Find the base rent and the calculation for later increases. If an index is used, identify the index, the dates and any minimum or maximum. An example percentage is not a market benchmark.
2. CAM (Common Area Maintenance)
Check whether the lease adds operating costs, taxes, insurance or Common Area Maintenance charges to the rent. Find which expenses are included, how your share is calculated and when the final bill is reconciled.
A quoted monthly rent may not answer your total-cost question. Look for the cost schedule, exclusions and any right to inspect the figures. Write down what is missing before seeking professional advice.
3. Personal guarantee
Check whether you are asked to sign a separate guarantee as an individual. Identify the obligations, duration and any limit stated in it. Get legal advice about your personal exposure before signing a guarantee.
4. Use restrictions
Compare the permitted use with what your business plans to do. Check clauses about opening hours, alterations, signage and approvals. Do not infer that permission in the lease also supplies any regulatory permission you need.
5. Assignment and subletting
Find whether transferring the lease or sharing the space needs consent. Read the conditions, fees and any continuing obligations. A short permission clause may refer to restrictions elsewhere.
6. Sale, financing and separate documents
Locate wording about a sale, lender rights or documents you may have to sign later. If the agreement refers to an SNDA, ask for the document and have its effect explained by your lawyer. This checklist does not predict what happens in a foreclosure.
7. Renewal option
Check whether an extension is an option or requires a new agreement. Find the exercise deadline and the method for setting rent. Note any conditions that must be met before the option can be used.
What to write down before you decide
- Total monthly cost including any CAM, taxes, and insurance passed through?
- How much can rent rise per year, and is there a cap?
- What's the deposit and when is it returned?
- How and when can each side end or not renew the lease?
- Who pays for repairs, and where's the line?
- Is there a personal guarantee, and is it limited?
- Are you allowed to sublet or assign?
- Which separate documents or local rules need checking?
The $1 trial is a teaser with the top three flagged clauses. The $19 Standard review provides a fuller clause-by-clause report. Both are AI-generated and may contain errors. Each is a one-time purchase; buying the trial does not automatically charge you for Standard.
For a California rental, see the California lease review page. For another supported lease, choose the contract and jurisdiction on the main page. Read what an AI second opinion can and cannot do before uploading.
Questions about reading a lease
What should I check first in a lease?
Find the rent and other charges, the term, the deposit, the renewal wording and the notice needed to leave. Then read the repair and use restrictions. This checklist helps you locate the terms; it does not decide whether you should sign.
What is CAM in a commercial lease?
CAM means Common Area Maintenance. Check whether your commercial lease uses that term, which costs it includes, how your share is calculated and whether you can inspect the calculation. There is no percentage benchmark in this guide.
Does this guide cover every location?
The reading checklist is general. Deposit rules, rent changes and notice requirements depend on the location and tenancy. The California section is limited to the Civil Code sections linked there; other states differ. Ask a qualified local adviser about rules that apply to your situation.
How much can a California landlord charge as a security deposit?
Generally one month's rent, or two months for some small landlords. They must return it, or send an itemized statement, within 21 days after you move out. See Civil Code 1950.5.
How much notice does a California landlord need to raise rent?
At least 30 days for an increase of 10 percent or less, and 90 days for more. Many homes also have a yearly cap. See Civil Code 827 and Civil Code 1947.12.
Can my California landlord enter without telling me?
Generally not. They need reasonable written notice and normal business hours, with exceptions such as emergencies. Twenty-four hours is presumed reasonable. See Civil Code 1954.
Is this guide legal advice?
No. It is a reading checklist. For advice on your situation, ask a licensed attorney in your state.
What do the $1 and $19 reviews include?
The $1 trial is a teaser with the top three flagged clauses. The $19 Standard review provides a fuller clause-by-clause report. Both are AI-generated second opinions and may contain errors. Each is a one-time purchase; buying the trial does not automatically charge you for Standard.