10 Things Landlords Can't Legally Put in Your Lease

Many landlords include clauses in their leases that are actually unenforceable or outright illegal. Knowing what to look for can save you thousands of dollars and protect your rights as a tenant. Check [your state's tenant rights](/rights) for state-specific rules.

1. Waiving Your Right to a Habitable Home

Landlords cannot make you waive your right to a safe, livable space. Every tenant has the legal right to [habitability](/glossary/habitability)—running water, heat, and a structurally sound building.

2. Excessive Late Fees

Many states cap [late fees](/glossary/late-fees) at a percentage of rent (typically 5-10%). A clause demanding 25% late fees is likely unenforceable. Some states also require a [grace period](/glossary/grace-period) before fees apply.

3. Automatic Lease Renewal Without Notice

Some states require landlords to provide advance notice before automatically renewing your [lease](/glossary/lease-agreement). Clauses that bypass [lease renewal](/glossary/lease-renewal) notice requirements may be void.

4. No-Pet Policies for Service Animals

Under [fair housing](/glossary/fair-housing) laws, landlords cannot deny service animals or emotional support animals with proper documentation.

5. Blanket Entry Rights

Most states require 24-48 hours notice before a landlord can enter your unit. "We can enter anytime" clauses violate your [landlord entry](/glossary/landlord-entry) and [quiet enjoyment](/glossary/quiet-enjoyment) rights.

6. Security Deposit Violations

If your state limits [security deposits](/glossary/security-deposit) to one month's rent (e.g., [California](/rights/ca)), a clause requiring two months is unenforceable.

7. Mandatory Arbitration for All Disputes

Some courts have ruled that mandatory arbitration clauses in residential leases are unconscionable.

8. Tenant Pays for All Repairs

[Normal wear and tear](/glossary/normal-wear-and-tear) is the landlord's responsibility. You can't be forced to pay for a failing water heater.

9. No Subletting Under Any Circumstances

Some states give tenants the right to [sublet](/glossary/subletting) with landlord approval, which cannot be unreasonably withheld.

10. Waiving the Right to Sue

You cannot sign away your right to legal recourse for negligence or discrimination.

**Protect Yourself:** Upload your lease to Honestkey™ for a free scan that identifies these and other problematic clauses.