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Apartment Written Lease Agreement

Month to month apartment leases do not need to be in writing, although it is a good idea to put the terms down on paper.  Leases of a year or more need to be in writing as most of the rights and responsibilities of the tenant and the landlord are spelled out in the lease agreement.  

State statutes vary from state to state, and some state's regulate leasing more effectively than others.  Whatever state law does not cover, the lease should.  It should be noted, too, that state law will trump a lease every time if a lease is written in conflict of the law.  For example, if state law says that 60 days notice must be given before a tenant vacates a property, the lease cannot state that a tenant must give 30 days notice.

Remember that a written lease is a legally binding agreement, and most will have been written in favor of the landlord since he is the one presenting the lease for your signature.   And in most cases, potential tenants do not have much bargaining power (unless vacancy rates are high).   If a tenant does not like the provisions in the lease, the landlord can simply find someone else who does.    If the landlord promises to fix things after a tenant signs the lease and moves in, the tenant should make sure this is included in the written lease agreement.