Lease Agreement Red Flags: Six Clauses Tenants Should Push Back On
This page is general information, not legal advice.
A residential lease is often a landlord's or agency's standard template. That doesn't mean it's fixed. Before you sign, many landlords will accept small edits, especially if you're a reliable applicant. Below are six clauses that often shift cost or risk onto tenants. For each one you'll find an illustrative example, why it matters, and wording you can propose. These examples are generic and don't come from any real landlord or company. Rules on deposits, entry and rent changes vary a lot by location, so check what applies where you live.
1. Rent increases during the lease
A typical clause might read: "Landlord may adjust the monthly rent upon thirty (30) days' written notice to Tenant."
Why it works against you
A fixed-term lease usually gives you a predictable rent. This clause takes that away. It sets no cap on the increase and no limit on how often it can happen, so the "fixed" term only binds you. Look for related wording that lets the landlord change "rules and regulations" or pass through "additional charges" at any time.
What to ask for instead
Sample wording to propose: "Rent is fixed for the initial term. Any increase on renewal will be notified in writing at least 60 days before the term ends, and Tenant may decline to renew without penalty."
2. Security deposit deductions
A typical clause might read: "Tenant's security deposit is non-refundable in part to cover cleaning and repainting. Landlord may deduct any amount Landlord deems necessary to restore the premises."
Why it works against you
A deposit is supposed to cover real damage or unpaid rent. "Any amount Landlord deems necessary" lets the landlord decide the cost on their own. A built-in non-refundable portion means you pay for cleaning however you leave the place. The clause also says nothing about ordinary wear and tear, a return deadline, or an itemized list of deductions. Some places regulate these points, so find out what applies to you.
What to ask for instead
Sample wording to propose: "The full deposit is refundable. Landlord may deduct only for unpaid rent or damage beyond normal wear and tear, and will return the balance with an itemized list of deductions and receipts within [X] days of move-out."
Take dated photos at move-in and attach a signed condition report to the lease.
3. Repairs and maintenance shifted to the tenant
A typical clause might read: "Tenant accepts the premises in 'as is' condition and shall be responsible for all repairs and maintenance, including appliances, plumbing and heating, regardless of cause."
Why it works against you
"Regardless of cause" makes you pay for a boiler that fails from age or a leak caused by old pipes. "As is" may also mean you've accepted existing problems you didn't notice on a quick viewing. In many places landlords keep some repair duties whatever the lease says, but a clause like this can still set you up for an argument.
What to ask for instead
Sample wording to propose: "Tenant is responsible for minor upkeep and for damage caused by Tenant or guests. Landlord is responsible for structural repairs, plumbing, heating, electrical systems and supplied appliances, and will begin urgent repairs within [X] hours of notice."
4. Landlord entry without notice
A typical clause might read: "Landlord and its agents may enter the premises at any time for inspection, repairs or showings."
Why it works against you
"At any time" means no notice and no limit on hours or purpose. That's a privacy problem, and it can be a security problem too if agents bring strangers through for viewings. Many places set minimum notice rules, but your lease should still say it clearly.
What to ask for instead
Sample wording to propose: "Except in an emergency, Landlord will give at least 24 hours' written notice stating the purpose of entry, and will enter only at reasonable times. Showings in the final [X] days of the term require Tenant's agreement on timing."
5. Early termination and rent acceleration
A typical clause might read: "If Tenant vacates before the end of the term for any reason, all remaining rent for the full term shall become immediately due and payable, plus a lease-break fee equal to two months' rent."
Why it works against you
This is an acceleration clause stacked on a penalty fee. If you have to move for a new job, a family change or a safety issue, you could owe the rest of the term at once plus the fee, even if the landlord finds a new tenant next week. The clause doesn't require the landlord to try to re-let the unit. Compare termination for convenience clauses explained.
What to ask for instead
Sample wording to propose: "Tenant may end the lease early with 60 days' written notice and a fee of one month's rent. Landlord will make reasonable efforts to re-let the premises, and Tenant's liability ends when a new tenant begins paying rent."
6. Automatic renewal and holdover terms
A typical clause might read: "This lease renews automatically for successive twelve-month terms unless either party gives written notice at least 90 days before expiry. Any holdover shall be charged at 200% of the monthly rent."
Why it works against you
A 90-day notice window is easy to miss. If you miss it, you may be bound to another full year. The holdover rate means that if your move-out slips by even a few days, you pay double rent. See auto-renewal clauses explained.
What to ask for instead
Sample wording to propose: "At the end of the term, the lease continues month-to-month at the same rent unless either party gives 30 days' written notice. Landlord will remind Tenant in writing of the expiry date at least 60 days in advance."
Also worth a look
- Liability waivers. Wording that releases the landlord from "any and all claims," including injuries from poor maintenance, is a broad shift of risk. See limitation of liability clauses explained.
- Tenant indemnities. Look for clauses requiring you to cover the landlord's losses "arising from the tenancy" whatever the cause. See indemnification clauses explained.
- Open-ended fees. Late fees that grow every day, "administrative" charges, and attorneys' fees that only the landlord can recover.
- Short-term letting bans. If you plan to sublet or host, check the lease first. For the platform side, see Airbnb host terms explained.
Get every agreed change into the signed lease. Spoken promises from a landlord or agent are hard to enforce. If a lot of money is at stake, or the terms look unusual, ask a qualified local lawyer or a tenant advice service.
Scan your own lease free
Every lease is different, and the risky wording is often in the addenda. Paste your lease or rental agreement into the ScanMyTerms lease agreement checker. In about a minute it flags clauses that work against you, with the exact wording and what to ask for instead. The free preview shows the risk count and the first two findings, and the full report is a one-time $5 per document.
This page is general information, not legal advice.
Sources
- All clause examples on this page are illustrative and are not taken from any real lease, landlord or company.