State-aware lease with deposit caps, required disclosures, smoking and pet rules, and move-in ready paperwork — all in one draft.
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What's happening here
Leases are among the most legally regulated agreements in the US. State and local law governs what must be disclosed, how much you can charge as a deposit, what grounds exist for eviction, and dozens of other terms. A lease that ignores these rules exposes you to liability — and may not be enforceable.
You're a landlord renting a residential unit, a tenant signing a commercial lease, or a business subleasing office space. The occupancy is happening; the paperwork needs to match the applicable state's requirements before move-in.
State landlord-tenant law imposes mandatory disclosures that, if omitted, can make the lease unenforceable or expose the landlord to statutory penalties. Deposit caps exist in most states — charging more than permitted creates liability. The lease is not just a preference document; it's a compliance document.
Disputes over security deposit returns with no clear timeline or condition standard. Tenants who sublease without permission. Liability for lead paint or mold disclosures that should have been made. Eviction proceedings that fail because the lease didn't follow state procedure.
The right agreement for this situation
Residential, commercial, and sublease agreements have fundamentally different legal frameworks and clause requirements. Using the wrong template for your situation creates gaps that matter when a dispute arises.
Renting residential property
For landlords renting apartments, houses, or condos. Covers rent amount, security deposit (state-capped), lease term, maintenance responsibilities, pet and smoking policies, late fees, renewal terms, and all state-mandated disclosures including lead paint, mold, and habitability.
Renting business space
For office, retail, or warehouse space. Covers base rent, common area maintenance (CAM) charges, use restrictions, buildout rights, assignment and subletting, exclusivity (retail), and personal guarantees. Commercial leases are negotiated, not statutory — terms vary far more than residential.
Subleasing space
When you're a tenant who needs to rent your space to another party. The sublease must be permitted by your primary lease, must not exceed the terms of the primary lease, and must clearly establish who the subtenant's obligations run to. Sublandlord liability to the master landlord continues.
Short-term use
For flexible arrangements where neither side wants a fixed term. Requires notice to terminate (typically 30 days, sometimes 60 depending on the state), and carries the same disclosure obligations as a fixed-term lease in most jurisdictions.
What BizDraft asks you
The most important question. State law determines deposit limits, required disclosures, notice periods, and habitability standards. BizDraft adjusts the entire document based on your answer.
The type of space determines the regulatory framework and which clauses apply. A residential lease and a commercial lease are fundamentally different documents.
Monthly rent, security deposit amount (BizDraft flags if you exceed the state cap), due date, late fee structure, and acceptable payment methods.
Are pets permitted? Smoking policy? Subletting restrictions? Maximum occupancy? Parking? Utility responsibilities? These define the day-to-day terms of the tenancy.
Fixed term (12 months, 24 months) or month-to-month. Renewal terms — auto-renewal, required notice to vacate, options to renew at adjusted rent.
BizDraft automatically includes required disclosures for your state — lead paint, mold, landlord contact, habitability, and others — and flags which require physical attachments.
What to watch out for
Most states cap security deposits at 1–2 months' rent. Charging more can result in the tenant recovering the excess plus penalties. BizDraft checks the cap for your state and flags if your deposit amount is over the limit.
Federal law requires lead paint disclosures for properties built before 1978. Many states require mold disclosures, bed bug history, landlord name and address, and more. Missing these doesn't just create a claim — in some states it creates a right for the tenant to break the lease.
Clauses that waive the implied warranty of habitability, prohibit tenants from calling inspectors, or impose fees not permitted by state law are void and unenforceable — and their inclusion can put the entire lease at risk.
The biggest source of security deposit disputes. Without a documented pre-move-in condition (photos, checklist), the tenant can claim every scratch was pre-existing. A move-in inspection addendum, referenced in the lease, closes this gap.
If your primary lease prohibits subletting, subleasing anyway creates grounds for eviction. Check your lease before subleasing. BizDraft's sublease agreement includes a representation that subletting is permitted by the master lease.
Example
What you tell BizDraft
"I'm renting out a 2-bedroom apartment in Colorado. 12-month lease. $2,200/month. $2,200 security deposit. No pets. No smoking. Tenant pays utilities. Built in 1985. Auto-renews month-to-month."
What BizDraft generates
A Colorado-compliant residential lease with deposit equal to one month's rent (within CO's limit), no-pet and no-smoking clauses, utility responsibility schedule, auto-renewal terms, 30-day notice requirement, CO habitability disclosure, and a prompt to attach the lead paint disclosure form (property is pre-1978).
Download options
A Word file for further edits, a PDF ready for signature, and a checklist of required state disclosures that need to accompany the lease. Move-in ready.
Frequently asked questions
Yes. BizDraft generates state-adjusted leases for all 50 states. The deposit cap, required disclosures, notice period, and habitability language are all adjusted based on the property's state. For local ordinances (city-specific rent control, just-cause eviction), consult a local attorney.
Significantly. Commercial tenants have far fewer statutory protections than residential tenants — almost everything is negotiable. CAM charges, exclusivity clauses, assignment rights, and personal guarantees are commercial-only issues that a residential template won't address.
Yes. Describe the arrangement — room in a shared house, shared kitchen, house rules — and BizDraft generates a room rental agreement with the appropriate occupancy terms and shared-space rules.
BizDraft generates a starting point, not a locked document. Every clause is editable inline before download. The Word file is yours to modify. Add parking assignment details, specific maintenance responsibilities, or any custom terms your situation requires.
A state-compliant lease, drafted in minutes. Free.
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