Rental contracts: what must be in them

A contract does two jobs. It records what you agreed, so there is less to argue about later, and it shows a court or a deposit scheme what each side promised. It cannot remove rights the law gives the tenant. Here is what belongs in one wherever you let or rent.

What a good contract contains

Whatever the country, a solid residential tenancy agreement covers these points:

• The parties. Full names of landlord and every adult tenant, with ID numbers where that is customary, addresses for notices and contact details. If an agent acts for the landlord, name them too.
• The property. The exact address, including flat number and floor, and what is included: storage room, parking space, garden, furniture and appliances. For a room in a shared flat, say which room and which shared areas the tenant may use.
• Term and renewal. Start date, fixed term or open-ended, and what happens at the end: automatic renewal, rolling on, or ending.
• Rent. The amount, the due date, how it is paid (bank account details) and how and when it can be increased.
• What the rent includes. Water, heating, electricity, internet, service charges, local taxes. Spell out which are included and which the tenant pays separately, and how shared costs are split.
• The deposit. The amount, where it is held (a deposit scheme, an escrow account or the landlord’s account, depending on local rules), the conditions for deductions and the deadline for returning it.
• Notice. How much notice each side must give and in what form, for example in writing or by registered letter.
• Repairs and maintenance. Who fixes what and who pays: typically the landlord for structure, heating and appliances they supplied; the tenant for small items and damage they cause. Include how to report a problem and an emergency contact.
• Subletting. Whether the tenant may sublet or take in a lodger, and whether short-term lets are forbidden.
• Pets and smoking. Allowed, not allowed or allowed with conditions. Some countries limit how far a landlord can ban pets.
• Access. How much notice the landlord gives before visiting, except in emergencies.
• The inventory as an annex. The signed list of contents and condition, with photos, attached to the contract. See Letting a place safely for how to do it.
• Signatures and dates. Every party signs and dates every copy. Each keeps one.

What the law overrides

This is where many private contracts go wrong. A clause that breaks mandatory law is usually void, even if both sides signed it. In most countries the law sets minimums or maximums that a contract cannot go below or above, typically for:

• notice periods, especially the notice a landlord must give;
• deposit size and how the deposit must be held;
• rent caps, rent control or limits on increases;
• the minimum length of a tenancy and the grounds for ending it;
• the landlord’s duty to keep the property fit to live in;
• fees the tenant may or may not be charged.

These rules differ a great deal between countries, and sometimes between cities in the same country. Rather than guess, check the country page before you draft: for example Spain, Sweden, France or the full list on the countries index.

Verbal contracts and why not

In many places a tenancy exists as soon as someone pays rent and moves in, contract or no contract, and the law fills in the gaps. That may sound convenient, but it helps nobody. Without a written contract:

• there is no proof of the rent, the deposit or the start date;
• deposit disputes become one word against another;
• the tenant may struggle to register an address, open a bank account or claim housing benefit;
• the landlord may struggle to prove the terms, or even that the occupant is a tenant rather than a guest.

Cash-in-hand, no-contract arrangements are also a common feature of rental scams and illegal lets. See avoiding rental scams.

Templates

In most countries, tenant unions, landlord associations and some government housing departments publish model contracts. They are written for local law and updated when it changes, which makes them a better starting point than a generic template found online or a contract copied from another country. Whichever you use, read it all and adjust only the parts the law lets you adjust.

Languages and translations

If landlord and tenant do not share a first language, use a bilingual contract or attach a translation. Be aware that in some countries only the version in the official language counts in a dispute, and in others the contract must be in a particular language to be valid. State in the contract which version prevails. Never sign, or ask someone to sign, a contract they cannot read.

The tenant’s side: what to check before signing

If you are the tenant, read the whole thing before you pay anything. Check that:

• the landlord named in the contract is the owner or has the right to let, for example through a land registry extract or the agency’s authorisation;
• the address, room and included items match what you were shown;
• the rent, deposit and extra costs match the advert and what you were told;
• the deposit will be held where the law requires; see the country page;
• the notice period and any renewal terms are what you expect and within the legal limits;
• there is no clause making you pay for everything that breaks, waiving your rights, or allowing entry without notice;
• an inventory is attached, or will be done together at move-in.

Never pay before you have a signed contract and have seen the property, or a trusted person has seen it for you. If the landlord refuses to put the terms in writing, walk away.