The lease agreement is the foundation of your legal relationship with a tenant. It defines responsibilities, protects your rights, and outlines the rules for living in the rental property. But not all lease clauses are created equal. Some terms, even if well-intentioned, can land landlords in serious legal trouble. Whether they violate fair housing laws, contradict state landlord-tenant statutes, or overstep tenant rights, certain clauses can make a lease unenforceable—or worse, expose you to lawsuits and fines. Understanding which clauses to avoid and why can protect you from legal complications and help you maintain a compliant, professional lease.
Clause 1: Waiver of Habitability Responsibilities
Every state requires landlords to maintain a habitable living space, which includes providing heat, running water, plumbing, and a safe structure. Some landlords try to insert clauses that shift repair responsibilities onto the tenant, such as requiring the tenant to fix plumbing issues or HVAC systems regardless of cause.
Why it’s risky:
You cannot legally waive your obligation to provide a habitable property, no matter what the lease says. Attempting to do so is likely to be unenforceable and may be considered an illegal or retaliatory lease term.
What to do instead:
Clearly define tenant responsibilities for minor upkeep (like changing filters or batteries in smoke detectors), but maintain landlord responsibility for structural and major system repairs as required by law.
Clause 2: Nonrefundable Security Deposits
Security deposits are intended to cover unpaid rent or property damage beyond normal wear and tear. Some landlords try to label part or all of the deposit as “nonrefundable” in the lease, especially to cover cleaning or administrative costs.
Why it’s risky:
Many states, including California, prohibit nonrefundable security deposits. If your lease contains such a clause, a tenant may be entitled to a full refund regardless of property condition, and you may face penalties for improper handling of deposits.
What to do instead:
Charge a refundable security deposit within legal limits and provide a clear, itemized list of deductions upon move-out. If you want to charge a cleaning fee or administrative cost, it must be separate from the deposit and clearly disclosed.
Clause 3: Waiver of Right to Notice or Legal Process
Some landlords add lease clauses that state the tenant waives the right to legal notice before eviction or other actions. These clauses may also attempt to restrict the tenant’s right to sue the landlord.
Why it’s risky:
Tenants are entitled to legal due process under federal and state laws. Any clause that limits their access to court or tries to bypass formal eviction procedures is likely unenforceable and could make your entire lease vulnerable to legal challenge.
What to do instead:
Follow state and local laws regarding notice requirements, eviction procedures, and tenant rights. Your lease should align with those standards—not try to avoid them.
Clause 4: Broad “No Guest” or “No Overnight Visitors” Rules
While landlords can reasonably limit how long guests can stay, some lease agreements try to prohibit guests altogether or impose overly restrictive rules on overnight visitors.
Why it’s risky:
Unreasonable restrictions on guests may violate a tenant’s right to quiet enjoyment and may be considered discriminatory if they disproportionately affect protected groups, such as families or individuals with caregivers.
What to do instead:
Include a clause that defines a reasonable guest stay limit, such as no more than 14 days in a 6-month period, and require written approval for long-term visitors. This provides balance without overstepping tenant rights.
Clause 5: Early Termination Penalties That Are Too Harsh
It’s common for leases to include a fee for breaking the lease early, but charging excessive penalties or full rent for the remaining term regardless of re-rental efforts can violate landlord-tenant laws.
Why it’s risky:
Most states require landlords to make a good-faith effort to re-rent the unit once a tenant moves out early. Clauses that attempt to penalize tenants beyond reasonable limits can be challenged in court.
What to do instead:
Include a clearly stated early termination clause with a flat fee or cost-sharing model, and affirm your obligation to mitigate damages by re-renting the unit.
Clause 6: Restrictions That Violate Fair Housing Laws
Sometimes lease language—intentionally or not—violates fair housing protections. Clauses that restrict “families with children,” “service animals,” or “national origin” can be discriminatory under federal law.
Why it’s risky:
Violating the Fair Housing Act can result in costly lawsuits, government fines, and lasting damage to your reputation as a landlord or property owner.
What to do instead:
Avoid any language that singles out protected classes. Make sure your lease allows reasonable accommodations for service animals, and use neutral, inclusive terms in all tenant-facing documents.
Clause 7: No Repairs Unless in Writing
Landlords may include language that states maintenance requests will only be honored if submitted in writing. While written records are useful, making this a strict requirement can create legal issues if ignored.
Why it’s risky:
If a tenant verbally reports a serious repair issue and the landlord fails to act simply because it wasn’t submitted in writing, this could be seen as neglect of habitability duties. Courts often view any valid notice—written or oral—as a trigger for repair obligations.
What to do instead:
Encourage written maintenance requests but make it clear in your lease that verbal requests are acceptable for emergencies. Train your staff or property managers to document these requests internally if they come in by phone or in person.
Keeping Your Lease Compliant and Enforceable
Using outdated or boilerplate leases without checking for local compliance is one of the most common landlord mistakes. Even a single illegal clause can cast doubt on the enforceability of the entire lease and open the door to tenant challenges. Regularly reviewing your lease with a local attorney or property management professional is one of the best ways to protect yourself and stay current with changing laws.