Can this agreement be signed electronically?

Yes. Electronic signatures are valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA in adopting states; ensure intent, consent, signer attribution, and record retention to satisfy legal tests.

Is a notary required to make it enforceable?

Generally no for ordinary leases; notarization is rarely required unless state law or specific conveyance statutes demand it for particular rights or when recording an interest.

What happens if a party signs with a different name?

Mismatched names can complicate enforcement. Include aliases or DBA names and attach identification to confirm signer identity and prevent disputes.

How should security deposits be handled?

Follow state statutes for allowable amounts, holding accounts, and itemized deductions; failure to comply can trigger statutory penalties and required refunds.

Can terms be changed after signing?

Amendments require agreement by all parties in writing and dated signatures; oral modifications are risky and often unenforceable.

What records should I keep and for how long?

Retain executed agreements for the lease term plus at least 3 years; keep tax and business records per IRC §6501(a) and HIPAA records per 45 CFR §164.530(j) where applicable.

Electronic Signature
Templates
Real estate
Common Law Tenancy Agreement

Common Law Tenancy Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

COMMON LAW TENANCY AGREEMENT

This Common Law Tenancy Agreement (the "Agreement") is made and entered into on between Landlord Name: and Tenant Name: .

1. Premises

Property Address Parcel / APN Number Legal Description

2. Term

The tenancy commences on and ends on , unless earlier terminated in accordance with this Agreement. Possession shall be delivered on the commencement date unless otherwise agreed in writing.

3. Rent and Payments

Monthly Rent

Rent is due on the day of each month. Late rent incurs a late fee of if not received within days after due date.

Security Deposit Accepted Payment Methods

4. Utilities and Services

Unless otherwise stated, the Tenant is responsible for payment of utilities as follows:

Utilities Responsibility

5. Maintenance and Repairs

Landlord shall maintain structural components, plumbing, heating and electrical systems in a condition suitable for habitation. Tenant shall keep the Premises clean and promptly notify Landlord of required repairs. Tenant shall be responsible for repairs caused by Tenant's negligence or misuse.

Maintenance Responsibilities (specifics)

6. Use, Occupancy, and Alterations

The Premises shall be used solely for residential purposes by the Tenant and listed occupants. No commercial activity is permitted without Landlord's prior written consent. Tenant shall not make structural alterations, install fixtures, or perform major repairs without Landlord's prior written consent.

7. Pets and Smoking

Pets Allowed: Yes No

Smoking Permitted: Yes No

8. Subletting and Assignment

Tenant shall not sublet, assign, or transfer any interest in this Agreement without the prior written consent of Landlord, which shall not be unreasonably withheld.

9. Tenant Insurance

Tenant is required to maintain renter's liability insurance with minimum limits of and shall provide proof of insurance upon request.

10. Disclosures

Lead-Based Paint (if applicable): Known Not Known

Mold or Water Intrusion Issues: Known Not Known

Prior Damage or Repairs (describe)

11. Entry by Landlord

Landlord may enter the Premises upon reasonable notice to inspect, make repairs, or show the Premises, except in emergencies where no notice is required. Notice shall be provided in a manner consistent with applicable common law obligations.

12. Default and Remedies

Failure by Tenant to pay rent or otherwise materially breach this Agreement constitutes default. Landlord may pursue all remedies available at law or in equity, including termination of tenancy, damages, and costs of collection, subject to any statutory limitations under applicable common law.

13. Early Termination

Early termination by Tenant without Landlord's written consent may result in liability for rent and damages for the remainder of the term, subject to Landlord's duty to mitigate damages where applicable.

14. Indemnity and Liability

Tenant shall indemnify and hold Landlord harmless from liability arising from Tenant's use of the Premises, except to the extent caused by Landlord's gross negligence or willful misconduct. Tenant is responsible for maintaining tenant liability insurance as required above.

15. Notices

Landlord Notice Address Tenant Notice Address

16. Governing Law; Entire Agreement

This Agreement shall be governed by the common law and judicial decisions of the state of to the extent applicable. This instrument constitutes the entire agreement between the parties regarding the Premises and supersedes all prior oral or written agreements. Any amendment must be in writing and signed by both parties.

17. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Acknowledgment

Each party acknowledges that they have read and understand this Agreement, have had an opportunity to seek independent counsel, and enter into this Agreement voluntarily.

Landlord:

By:

Date:

Tenant:

By:

Date:

What the Common Law Tenancy Agreement Is and When It Applies

A Common Law Tenancy Agreement is a written contract that defines the rights and responsibilities between a landlord and tenant where tenancy arises under common law principles rather than statutory landlord‑tenant codes. It typically covers parties, premises, rent, term, notice periods, repairs, security deposits, and termination procedures. While many states regulate specific landlord obligations, the common law agreement establishes contractual remedies, sets dispute resolution terms, and documents consent to rules such as pets, subletting, and utilities. Use it whenever parties want clear, enforceable terms for residential or commercial occupancy.

Why a Clear Common Law Tenancy Agreement Matters and Its Legal Standing

A properly executed Common Law Tenancy Agreement creates predictable rights and remedies, reduces disputes, and memorializes obligations. Electronic execution is valid in interstate transactions under the ESIGN Act (15 U.S.C. ch. 96) and intrastate under UETA where adopted.

Typical Users and When Each Should Use This Agreement

Use this agreement when parties want enforceable, negotiated terms that supplement or operate alongside statutory protections.

Individual landlords and owners who want a clear contractual record of rent, term, and remedies.
Property managers and leasing agents handling multiple units who require standardized, reusable terms.
Tenants and commercial occupants seeking written proof of agreed responsibilities and notice provisions.

Step-by-Step: Complete and Execute the Agreement

A concise sequence to prepare, review, and finalize a Common Law Tenancy Agreement.

01

1. Draft: Populate parties, premises, term, rent, and deposit.
02

2. Review: Check local statutory disclosures and habitability clauses.
03

3. Sign: Obtain signatures and dates from all parties.
04

4. Distribute: Provide executed copies to each party and retain originals.

How to Configure an Online Signing Workflow

Key workflow settings for digital completion and e‑submission workflows.

Field	Configuration
eSignature Provider	Choose provider, plan, and BAA if HIPAA applies.
Authentication	Use email link, SMS code, or stronger 2FA for higher assurance.
Conditional Fields	Show or hide sections based on lease type or occupancy.
Notifications	Route executed copies to landlord, tenant, and accounting.

Where to File, Send, or Submit the Executed Agreement

Typical destinations and filing practices after execution of a tenancy agreement.

Landlord Records: Retain original or certified copy in property file.
Tenant Copy: Provide tenant with an executed copy promptly.
Accounting: Send to accounts receivable for rent and deposit tracking.
Legal Counsel: Forward disputed or complex agreements to an attorney.

Distribution and Digital Signing Requirements

Choose a platform that preserves an audit trail, secures transport and storage, and supports required integrations for recordkeeping and accounting.

Supported Formats: PDF, DOCX, and HTML for reliable rendering.
Integrations: Connect with Salesforce, NetSuite, Google Workspace, and Box.
Authentication: Email link, SMS OTP, knowledge‑based or SSO options.

Comparison: eSignature Pricing and Feature Overview

Basic pricing and capability comparison for common eSignature providers. signNow is listed first per platform convention.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Essential Security and Compliance Elements

Encryption: TLS 1.2/1.3 in transit

Data at Rest: AES-256 encrypted storage

Audit Trail: Timestamps, IP, and action log

Regulatory Compliance: ESIGN, UETA, HIPAA (BAA available)

Access Controls: Role-based permissions and SSO

Certifications: SOC 2 Type II and ISO 27001

Core Components Every Professional Tenancy Agreement Should Include

A concise list of clauses and sections to include so the agreement is comprehensive and enforceable.

Parties

Full legal names and entity details for landlord and tenant, including contact information and designated representatives for notices and service.

Premises Description

Clear street address, unit number, permitted uses, and any excluded spaces such as storage areas or parking stalls to avoid ambiguity.

Term and Renewal

Start and end dates, automatic renewal terms or options to renew, and notice periods required for nonrenewal or termination by either party.

Rent and Payment

Rent amount, due date, acceptable payment methods, late fee structure, returned check fees, and consequences of nonpayment or habitual late payment.

Security Deposit and Damages

Deposit amount, permitted deductions, escrow or trust handling, required disclosures, and state-specific return deadlines and accounting rules.

Maintenance and Repairs

Allocation of repair responsibilities, habitability standards, emergency repair procedures, and notice requirements for access to the premises.

Common Preparation Mistakes to Avoid

Failing to specify the exact premises (unit, parking, storage) leads to possession disputes and costly litigation.
Using vague payment or late fee language that contradicts state law can render enforcement of penalties invalid.
Neglecting required state disclosures (lead paint, bedbug, mold notices) exposes landlords to statutory penalties or contract rescission.
Omitting clear notice addresses or methods (email, certified mail) increases the risk that termination notices will be deemed ineffective.

Key Legal Risks and Potential Penalties

Invalid Notice: Lease unenforceable

Deposit Violations: Civil penalties possible

Habitability Breach: Tenant remedies, rent abatement

Unlawful Fees: Refunds and fines

Failure to Disclose: Statutory damages

Improper Eviction: Delay and legal liability

Who Typically Signs and What Authority They Hold

Landlord — Owner

An individual owner or corporate landlord signing as the owner should include full legal entity name and title; if an agent signs, attach a written authorization specifying scope and effective dates to prevent later challenges.

Property Manager — Agent

Property managers acting on behalf of owners must sign with the company's name and their title, and maintain a current management agreement that grants signing authority and outlines fiduciary obligations.

Practical Examples of Tenancy Agreement Use

Two real-world examples showing how parties use signed tenancy agreements to reduce disputes and document obligations.

Martin Properties

A small portfolio landlord standardized leases across units to cut processing time.

Implemented electronic signature and template fields for rent and deposit.
Executed copies and audit trails reduced administrative follow-ups and improved compliance with local deposit return rules.

Optica Ventures

An investment firm used a standardized tenancy form for mixed-use buildings.

Added conditional clauses for retail vs residential spaces.
Centralized signed agreements in an integrated document system to support investor reporting and fast tenant onboarding.

Practical Tips for Accurate and Efficient Completion

Every tenancy should be clear, consistent, and compliant with applicable law; these practices help achieve that.

Use a Single Master Template

Maintain one approved template with modular clauses for common variations; reduces drafting errors and speeds review while ensuring consistent disclosures.

Record Notice Methods

Specify acceptable notice methods and addresses to avoid disputes about termination or cure notices; include email only when consent is documented.

Confirm Identity

Match names on the agreement to government ID; require entity signers to include title and attach signing authority for agents.

Keep an Audit Trail

Preserve timestamps, IP addresses, and signed copies to defend against later disputes over signature attribution or timing.

Key Deadlines and Timeframes to Watch

Common timeframes that affect rights and obligations under a tenancy agreement; verify local law for precise limits.

Rent Due Date:

As specified in the lease; commonly monthly on a fixed date

Security Deposit Return:

Typically 21–30 days; California requires 21 days (Cal. Civ. Code §1950.5)

Termination — Month-to-Month:

Thirty days' notice commonly used; some states require different notice windows

Nonpayment Cure Period:

Often 3–5 days for pay or quit, subject to state law

Tax Reporting:

Report rental income annually on Schedule E with your tax return

Frequently Asked Questions About Common Law Tenancy Agreements

Answers to common legal and practical questions about drafting, signing, and enforcing tenancy agreements.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA in adopting states; ensure intent, consent, signer attribution, and record retention to satisfy legal tests.
Is a notary required to make it enforceable?
Generally no for ordinary leases; notarization is rarely required unless state law or specific conveyance statutes demand it for particular rights or when recording an interest.
What happens if a party signs with a different name?
Mismatched names can complicate enforcement. Include aliases or DBA names and attach identification to confirm signer identity and prevent disputes.
How should security deposits be handled?
Follow state statutes for allowable amounts, holding accounts, and itemized deductions; failure to comply can trigger statutory penalties and required refunds.
Can terms be changed after signing?
Amendments require agreement by all parties in writing and dated signatures; oral modifications are risky and often unenforceable.
What records should I keep and for how long?
Retain executed agreements for the lease term plus at least 3 years; keep tax and business records per IRC §6501(a) and HIPAA records per 45 CFR §164.530(j) where applicable.

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