September 22, 2025

How to Spot a Bad Lease Agreement

Signing a lease agreement is one of the most important steps you’ll take when renting a home, apartment, or commercial space. Yet many tenants (and even landlords) skim through the fine print without truly understanding what they’re agreeing to. As a real estate lawyer, I often see clients come to me after they’ve signed a lease that is heavily one-sided, unclear, or downright unenforceable. By then, it’s much harder — and more expensive — to fix the problem.

The best protection is knowing how to spot red flags before you sign. Here are some of the most common signs of a bad lease agreement:

1. Unclear or Vague Terms

A well-drafted lease should be specific and leave little room for interpretation. If the agreement is filled with vague language — for example, saying “repairs will be handled as needed” without explaining who pays for them — you may be setting yourself up for disputes down the road. A good lease spells out exactly who is responsible for maintenance, utilities, late fees, and other obligations.

2. Unreasonable or Hidden Fees

Watch for leases that impose excessive penalties or hidden charges. This could include unusually high late fees, mandatory service charges, or automatic deductions for “administrative costs.” These terms often signal an unfair lease designed to benefit the landlord more than protect both parties.

3. One-Sided Termination Clauses

Be wary if the lease allows the landlord to break the lease at will while locking you into strict obligations. A balanced lease should protect both sides equally. If termination rights only work in the landlord’s favor, that’s a major red flag.

4. No Clear Renewal or Exit Provisions

A strong lease should explain what happens at the end of the lease term. Does it automatically renew? If so, under what conditions? How much notice must you give if you want to move out? A bad lease leaves these details out, which can trap you in an agreement longer than you expected or make it costly to leave.

5. Illegal or Unenforceable Terms

Some leases include clauses that may seem intimidating but are not enforceable under state or local law. For instance, in Pennsylvania, a landlord cannot waive their responsibility to provide habitable living conditions. If a lease tries to shift all legal responsibility onto the tenant, that’s not only unfair but potentially unlawful.

6. Missing Key Details

Surprisingly, many problematic leases leave out critical information altogether. If the lease doesn’t clearly state the rent amount, due date, security deposit terms, or who covers utilities, it’s a sign the document may not hold up if challenged in court.

7. Pressure to Sign Quickly

If a landlord pushes you to “sign now and worry about the details later,” take a step back. A good lease is built on transparency, and you should never feel rushed into a legally binding agreement.

Why a Lawyer’s Review Matters

Even the savviest tenants can miss subtle red flags in lease agreements. Real estate lawyers are trained to spot problem clauses, negotiate fairer terms, and make sure your rights are protected before you sign. A small investment in legal review can save you from costly disputes, financial traps, and landlord-tenant litigation later.