10 answers

Lease Clause Questions

The clauses renters ask about most — automatic renewal, repair responsibility, joint liability, rights waivers, hold harmless and attorney's fees — and which ones may not hold up.

What should I check in a lease before I sign it?Read the whole lease for five things first: what you'll actually pay every month, your deposit and fee terms, what happens if something breaks or you leave early, who else is legally on the hook, and any clause trying to take away a right your state gives you.
Is an automatic lease renewal clause legal?Yes — a clause that rolls your lease into a new term unless you give notice by a deadline is generally enforceable, as long as it was disclosed when you signed and the deadline is realistic, not hidden or absurdly early.
Can my lease make me pay for all repairs?Usually not entirely — state law typically makes the landlord responsible for keeping the home livable, and a full waiver of that duty often won't hold up, though a narrow, specific repair task can sometimes be shifted to you. See the state-by-state table below.
What does "jointly and severally liable" mean in a lease?It means each person named on the lease can be held responsible for the whole rent and the whole damage bill, not just their own share — so if a roommate doesn't pay, the landlord can legally collect the full amount from you instead.
Can my lease make me give up my tenant rights?No, not for a right that comes from statute — some states make a lease clause that waives a legal protection, like your right to sue or a required notice, void even if you signed it, though exactly which rights are protected varies by state.
What does a hold harmless clause in my lease mean?It's a clause where you agree not to hold the landlord responsible for injuries or property damage — sometimes even damage the landlord caused — and in some states a clause written that broadly is void and unenforceable no matter what it says.
What does an attorney's fees clause in my lease mean?It's a clause about who pays legal fees if you and your landlord end up in court over the lease — and in some states, a clause that only mentions the landlord's fees is legally treated as working both ways if you win.
Can a lease say I'm renting the apartment "as is"?A landlord can include "as-is" language, but that typically doesn't cancel the landlord's basic duty to keep the home livable where state law creates one — that duty exists separately, regardless of what the lease says about the unit's condition.
Is my lease valid if my landlord never signed it?Often yes if you've moved in and paid rent — courts frequently treat that conduct as accepting the lease, but for a lease longer than one year, some states require a signature from whoever the lease is being enforced against before that part is enforceable.
Can my landlord add new rules in the middle of my lease?Not unilaterally during a fixed-term lease — a signed lease generally binds both sides for its term, so new rules usually need your agreement, though a month-to-month tenancy works differently and can often be changed with proper notice.

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