5 Red Flags in Your Apartment Lease

A lease can look standard—a few pages of rent, deposit, and move-in date—but hide terms that cost you money or limit your rights. If you don't read carefully, you might agree to rent increases during the term, vague deposit deductions that let the landlord keep most of your money, or clauses that try to waive rights you have under local law. Here are five red flags to watch for—and what to look for instead—so you know what you're agreeing to and what to question before you sign.

1. Automatic rent increases without notice

What it is

The lease allows the landlord to raise rent during the term (e.g. every 6 months or every year) or with very short notice (e.g. 30 days). So you sign for a 12-month lease at $1,500/month, but the contract says the landlord can increase rent to $1,650 after 6 months—and you're stuck paying the new amount or breaking the lease.

Why it hurts

You budget for one amount and suddenly owe more. That can strain your finances—especially if you're on a fixed income or the increase is large. In some places, rent increases are regulated: the landlord can only raise rent by a certain percentage per year, or must give a certain amount of notice (e.g. 60 or 90 days), or can only raise rent at the end of the term. The lease shouldn't bypass local law. If the contract says the landlord can raise rent "at any time" or with 30 days' notice during the term, check your local landlord-tenant law. You may have more protection than the lease suggests—and the lease may not be able to take it away.

What to look for

• Fixed rent for the full term. The rent should be set for the entire lease period (e.g. 12 months at $1,500/month). No mid-term increases unless the law allows and the lease clearly says so.
• Clear rules on when and how much if increases are allowed—e.g. only at renewal, only by X% per year, with 60 days' notice. The lease should spell it out.
• Adequate notice. If increases are allowed at renewal, how much notice do you get? 30 days? 60 days? More is better for you so you have time to decide whether to stay or move.

2. Vague or harsh deposit deductions

What it is

"Security deposit may be used for cleaning, repairs, and other costs" with no detail on what "other" means or what counts as normal wear and tear. So when you move out, the landlord might deduct for "cleaning" (even though you left the place clean), "repairs" (including things that are normal wear and tear, like worn carpet or scuffed walls), or "other" (vague and broad). You may get back little or nothing—and have to fight for it.

Why it hurts

You may lose most or all of your deposit for minor or disputed items. Normal wear and tear—the natural deterioration that comes from living in a place—is usually not chargeable to the tenant. For example, faded paint, worn carpet, or minor scuffs on walls are often normal wear and tear. But if the lease doesn't define it, the landlord might charge you for things that should be their cost. You may have to dispute the deductions, request an itemized statement, or even go to court—and that takes time and money.

What to look for

• A list of allowed deductions—e.g. unpaid rent, damage beyond normal wear and tear, cleaning (if the place is left dirty), key replacement. The lease should be specific, not "other costs."
• Requirement for itemized statement. When you move out, the landlord should give you a written list of deductions with amounts—and return the rest within a set period (e.g. 21 or 30 days). In some places this is required by law; the lease should still say it.
• Timeline for return. How many days does the landlord have to return the deposit (or the balance after deductions)? 14 days? 21 days? 30 days? Know the deadline and your rights if they miss it.
• Know your local rules on deposits. In many places the maximum deposit is capped (e.g. 1 or 2 months' rent), the deposit must be held in a separate account, and you're entitled to interest. The lease shouldn't contradict local law.

3. One-sided termination (only landlord can end early)

What it is

The landlord can terminate or choose not to renew in certain cases (e.g. non-payment, breach, or no reason at all in some jurisdictions)—but you have no early-exit option or a very expensive one. For example, if you need to move for a new job or family reason, you might have to pay 2 or 3 months' rent as a "break lease" fee—or stay and pay until the end of the term. The landlord, by contrast, might be able to end the lease with 30 days' notice (or less) in some places.

Why it hurts

Life changes—job move, family, health—and you're locked in or face a big penalty. If the break-lease fee is 2 or 3 months' rent, that could be thousands of dollars. You might not have that cash—or you might have to choose between paying it and staying in a situation that no longer works for you. One-sided termination terms are unfair: if the landlord can end early, you should have a reasonable way out too.

What to look for

• Mutual notice periods. If either side can end the lease early, what notice is required? Ideally it's the same for both (e.g. 60 days). If the landlord can end with 30 days but you must give 60 days—or can't end early at all—that's a red flag.
• Subletting or assignment rights. Can you sublet (have someone else live there and pay you) or assign (transfer the lease to someone else) if you need to move? If the lease forbids it or requires "landlord approval" with no clear process, you're more locked in.
• Defined buyout amount for early termination. If you can't sublet or assign, is there a defined fee to break the lease (e.g. 1 or 2 months' rent)? Some leases say you owe "all rent until the unit is re-rented"—which could be months. A cap (e.g. 2 months' rent) is fairer.

4. Broad "tenant responsibility" and repair clauses

What it is

You're responsible for "all repairs" or "maintenance" including things that are normally the landlord's—e.g. structural issues, plumbing, electrical, heating, appliances (if provided by the landlord). So when the boiler breaks or the roof leaks, the lease might say you have to fix it—or pay for it. That can run into thousands of dollars.

Why it hurts

You end up paying for major repairs that the law often puts on the landlord. In most jurisdictions, the landlord is responsible for keeping the property habitable—that includes structure, essential systems (plumbing, heating, electrical), and sometimes appliances. The tenant is usually responsible for day-to-day upkeep (e.g. changing light bulbs, keeping the place clean) and sometimes for minor repairs caused by their misuse. But the lease might try to shift more to you—e.g. "tenant is responsible for all repairs under $500" or "tenant shall maintain all systems." That can be unfair and may conflict with local law. Check your local landlord-tenant law: what is the landlord required to maintain? The lease can't make you responsible for more than the law allows (in many places).

What to look for

• Clear split of responsibilities. Landlord handles: structure, roof, plumbing, electrical, heating, and major repairs. Tenant handles: day-to-day upkeep, minor repairs from misuse, and sometimes small items (e.g. light bulbs). The lease should spell it out.
• Check local law. What does your jurisdiction require the landlord to maintain? The lease shouldn't contradict that. If it tries to make you responsible for things the law puts on the landlord, flag it and get advice.

5. Waiver of normal rights

What it is

Clauses that say you waive rights to a day in court (e.g. you must arbitrate and can't sue), to withhold rent in certain cases (e.g. if the landlord doesn't make required repairs), or to receive required notices (e.g. the landlord can evict without proper notice). The lease might say "tenant waives any right to withhold rent" or "tenant agrees to resolve all disputes by arbitration."

Why it hurts

Such waivers may be unenforceable in your jurisdiction—many places don't allow tenants to waive the right to a jury trial, or to withhold rent when the landlord has failed to maintain the property. But the clause can still scare you into not asserting your rights. You might think you can't withhold rent when the heat is broken—even though the law might allow it after notice and a chance to repair. Don't assume you've given up rights just because the lease says so. Local law often overrides. If the lease tries to waive rights that the law gives you, flag it and get advice.

What to look for

• Don't assume the lease is final. If the lease says you waive a right that you think you have (e.g. to withhold rent for failure to repair, to receive 30 days' notice before eviction), check local law. You may still have that right—and the waiver may be void.
• Flag these clauses and ask the landlord or get advice. You don't want to sign away rights you're not allowed to sign away—or to be discouraged from asserting rights you have.

BeforeYouSign can highlight these and other important clauses in your lease so you know what you're agreeing to and what to question before you sign.