Lease Red Flags: 15 Clauses to Catch Before You Sign (Renter Checklist)

Most "lease red flags" lists online are written for landlords screening tenants. This one is the other way around: the clauses in a lease that cost renters money, take away rights, or set a deadline you can easily miss.

A red flag does not always mean the lease is illegal or that you should walk away. It means: stop, read that clause twice, and ask for it to be changed or clarified in writing before you sign. For each one below you will find what it usually looks like, why it matters, and a short ask you can send the landlord.

Money Red Flags

1. A late fee with no grace period or no cap

Looks like: "A late fee of $75 plus $10 per day applies to any rent not received by 11:59 p.m. on the 1st."

Why it matters: A daily fee with no ceiling can grow larger than a reasonable charge for paying a few days late. Several states cap late fees or require a grace period. Texas, for example, only allows a late fee once rent has remained unpaid two full days after the due date, and treats 12% of rent (buildings of four or fewer units) or 10% (larger buildings) as the reasonable limit (Tex. Prop. Code § 92.019). See rent late fee limits by state.

Ask: "Could we add a grace period and a single, capped late fee for each late payment?"

2. Anything called a "non-refundable deposit"

Looks like: "$500 non-refundable security deposit" or "deposit is forfeited if tenant leaves early."

Why it matters: A deposit is supposed to secure what you owe, and the unused part comes back. Some states forbid calling security non-refundable at all; California says a lease shall not contain a provision characterizing any security as "nonrefundable" (Cal. Civ. Code § 1950.5(n)). More on this in non-refundable lease fees.

Ask: "Can this be a refundable deposit returned with an itemized list of any deductions?"

3. Fees with no amount

Looks like: "Tenant agrees to pay applicable administrative, amenity, and processing fees."

Why it matters: A fee with no stated amount is a blank check. You cannot budget for it and you cannot dispute it.

Ask: "Please list every fee and its amount in the lease."

4. Charges labelled "additional rent"

Looks like: "All fees, charges, and repair costs owed by tenant shall be deemed additional rent."

Why it matters: When a fee is "rent," not paying it can be treated like not paying rent, which can matter in an eviction case.

Ask: "Can fees be listed separately rather than treated as rent?"

5. Utilities split with no formula

Looks like: "Tenant pays a proportionate share of building utilities."

Why it matters: Without a formula (square footage, number of occupants, a submeter), you cannot check the bill.

Ask: "How is my share calculated, and can that method be written into the lease?"

Exit and Renewal Red Flags

6. Automatic renewal with an early notice deadline

Looks like: "This lease renews automatically for successive 12-month terms unless either party gives written notice at least 60 days before expiration."

Why it matters: Miss the notice window and you may be committed to another full year.

Ask: "Could renewal convert to month-to-month instead, or could the notice deadline be 30 days?" Put the deadline in your calendar either way.

7. Early termination that does not actually release you

Looks like: "Tenant may terminate early by paying two months' rent, and remains liable for rent until the unit is re-rented."

Why it matters: You pay a buyout fee and still owe rent. Many states already require landlords to make reasonable efforts to re-rent after a tenant leaves, and federal law lets servicemembers end a lease after qualifying military orders without an early termination charge (50 U.S.C. § 3955). See how to break a lease legally.

Ask: "If I pay the early termination fee, can the lease state that I am released from further rent?"

8. Joint and several liability with roommates

Looks like: "Each tenant is jointly and severally liable for all obligations under this lease."

Why it matters: If a roommate stops paying, the landlord can come after you for the full rent.

Ask: If the landlord will not change it, have a written roommate agreement and know who is on the lease.

Rights and Liability Red Flags

9. Waivers of your legal rights

Looks like: "Tenant waives any right to notice, repair remedies, or other rights provided by law."

Why it matters: Many statutory tenant protections cannot be waived, and some states prohibit lease clauses that try. Maryland, for example, bars leases that have the tenant waive rights or remedies under applicable law or waive a jury trial (Md. Real Prop. Code § 8-208(d)). A waiver clause that is unenforceable can still be used to discourage you.

Ask: "Can this waiver language be removed?"

10. "Landlord is not liable for anything"

Looks like: "Landlord shall not be liable for any injury or damage to persons or property, whether caused by landlord's negligence or otherwise."

Why it matters: It tries to make you carry the cost of problems the landlord caused.

Ask: "Could this exclude damage caused by the landlord's negligence or failure to repair?"

11. One-way attorney's fees

Looks like: "Tenant shall pay landlord's attorney's fees in any dispute."

Why it matters: If only you pay legal fees, the clause makes it expensive for you to enforce your rights.

Ask: "Could attorney's fees go to whichever party wins?"

12. Mandatory arbitration or a distant court

Looks like: "Any dispute shall be resolved by binding arbitration in [another city]."

Why it matters: Arbitration and distant venues add cost and can remove options like small claims court.

Ask: "Can disputes stay in the local court, including small claims?"

Living-There Red Flags

13. Entry "at any reasonable time"

Looks like: "Landlord may enter the premises at any reasonable time."

Why it matters: Many states set a minimum notice period for non-emergency entry. Washington requires at least two days' written notice (RCW 59.18.150), and Iowa at least 24 hours (Iowa Code § 562A.19). Check whether your landlord can enter without notice.

Ask: "Can the lease state a notice period, such as 24 or 48 hours, except in emergencies?"

14. Tenant pays "all repairs"

Looks like: "Tenant is responsible for all repairs and maintenance" or "tenant pays repairs under $____."

Why it matters: Landlords generally must keep a rental fit to live in. A blank or high repair threshold shifts that cost to you.

Ask: "Can we set a specific, low dollar amount for minor repairs, with the landlord responsible for everything else and for habitability?"

15. Rules the landlord can change at any time

Looks like: "Tenant agrees to abide by community rules as amended from time to time."

Why it matters: New rules, new fees, or new restrictions can be added after you sign.

Ask: "Can changes require written notice and not add new fees during the lease term?"

One More: Blank Spaces and Missing Pages

Before signing, make sure there are no blank amounts or dates, every addendum the lease mentions is attached, and any promise the landlord made is written in. For housing built before 1978, federal law requires a lead-based paint disclosure; ask for it if it is missing.

How to Find These Red Flags Fast

Reading a long lease for fifteen different patterns is slow. Upload your lease for a free AI check and LeaseLenses flags these clauses for you, shows a lease health score, and lists the issues worth raising before you sign. For a full walkthrough, see how to review a lease agreement.

Frequently Asked Questions

Q: What are the biggest red flags in a lease?

A: The most costly are late fees with no grace period or cap, non-refundable deposits, automatic renewal with an early notice deadline, early termination clauses that do not release you, waivers of your legal rights, and clauses making the tenant pay all repairs.

Q: Does a red flag mean the lease is illegal?

A: Not necessarily. Some red flags are legal but unfavorable, and some are unenforceable in your state. Either way, they are worth asking about and getting changed or clarified in writing before you sign.

Q: Can I negotiate a lease before signing?

A: Yes. You can propose changes to any clause before you sign. Specific, written requests work best, and any agreed change should be added to the lease or a signed addendum.

Q: What if the landlord refuses to change a clause?

A: Ask for a written clarification of how it will be applied, decide whether the risk is acceptable, and keep a copy of the conversation. If a clause looks like it conflicts with state law, a tenant clinic or legal aid office can tell you whether it is enforceable.

Check Your Lease Before You Sign

You do not need to memorize this list. Run a free AI lease review to see which of these red flags are in your lease, and what to ask the landlord to change.