Is an electronic signature valid?

Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96, 2000) and UETA in applicable states when intent, consent, attribution, and retention requirements are met.

When is notarization required?

Most tenant disclosures do not require notarization, but local rules or recordation needs may impose notarization; verify state or county requirements before notarizing.

What if facts change after signing?

Prepare an amendment or supplemental disclosure signed by both parties. Document the effective date and retain both versions for the tenant file to preserve the change history.

How long should I keep signed disclosures?

Retain for the lease term plus at least three years; follow IRS guidance (IRC §6501(a)) and sector rules such as HIPAA six-year retention when applicable.

Can a tenant rescind a signed disclosure?

Rescission rights depend on the disclosure content and applicable statutes; consumer-facing records sometimes require specific consent language under ESIGN (15 U.S.C. §7001(c)).

What to do if a signature is missing?

Request a corrected signature immediately and attach the corrected document to the tenant file with an explanation; consider a brief cover letter describing the correction for clarity.

Electronic Signature
Templates
Legal
Tenant Disclosure Agreement

Tenant Disclosure Agreement

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

TENANT DISCLOSURE AGREEMENT

This Tenant Disclosure Agreement (Agreement) is made effective as of by and between Landlord Name: with primary address and Tenant Name: .

RECITALS

WHEREAS, Landlord is the owner or authorized agent for the residential property located at (Property); and

WHEREAS, Tenant is negotiating or entering into a lease or rental agreement for the Property with a term commencing on and ending on ; and

WHEREAS, the parties desire to set forth, in writing, certain disclosures by Landlord to Tenant regarding the physical condition, environmental hazards, prior claims, and material matters affecting the Property.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DISCLOSURES

Landlord discloses the following matters that are material to the condition, safety, or habitability of the Property. For each item marked "Applies," Landlord provides a brief description and, if applicable, dates and records of remediation or inspection.

Lead-Based Paint

Applies Not applicable

Mold or Water Intrusion

Applies Not applicable

Asbestos or Other Hazardous Materials

Applies Not applicable

Flood History or Floodplain Status

Applies Not applicable

Structural or Material Defects (including electrical, plumbing, roofing)

Applies Not applicable

Pest or Termite Treatment History

Applies Not applicable

2. MATERIAL FACTS AND RECORDS

Landlord shall provide, upon request by Tenant prior to lease execution, copies of any inspection reports, repair invoices, remediation records, permits, or notices that materially relate to the items disclosed above. Landlord represents that, to the best of Landlord's knowledge after reasonable inquiry, the disclosures made herein are true and complete as of the disclosure date.

3. TENANT ACKNOWLEDGMENT

Tenant acknowledges receipt of the disclosures indicated above and understands that the disclosures are not a substitute for Tenant's own inspection of the Property. Tenant further acknowledges that Tenant has had the opportunity to ask questions and request supporting documentation.

Tenant Initials:

4. LANDLORD REPRESENTATIONS; NO FURTHER KNOWLEDGE

Landlord represents that Landlord has no actual knowledge of material facts affecting the habitability or safety of the Property other than those disclosed in Section 1. Landlord makes no warranty as to conditions not within Landlord's actual knowledge. Except as expressly set forth in this Agreement, no representations, promises, or statements by Landlord or Landlord's agents shall be binding.

5. INDEMNIFICATION

Tenant agrees to hold Landlord harmless from and indemnify Landlord for any claims, liabilities, or losses arising from Tenant's alteration of disclosed conditions, failure to follow safety instructions or misuse of the Property, except to the extent arising from Landlord's intentional misconduct or gross negligence.

6. REMEDIES

If Landlord knowingly and materially withholds or misrepresents a disclosure required by this Agreement, Tenant's remedies shall include actual damages and any statutory remedies available under applicable law. Tenant shall provide written notice to Landlord of any alleged omission or misrepresentation and afford Landlord a reasonable opportunity to cure before initiating an action, to the extent required by law.

7. NOTICES

All notices required or permitted under this Agreement shall be given in writing and delivered by personal delivery, nationally recognized overnight courier, or certified mail, return receipt requested, to the addresses set forth below (or to such other address as a party may designate by written notice).

Landlord Notice Address: Tenant Notice Address:

8. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended or supplemented only by a written instrument executed by both parties. No waiver of any breach shall constitute a waiver of any other or subsequent breach. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

9. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located, without regard to conflict of law principles. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior written and oral agreements and understandings. If any provision of this Agreement is determined to be invalid or unenforceable, such determination shall not affect the remaining provisions, which shall continue in full force and effect.

10. CERTIFICATION

By signing below, Landlord certifies that the disclosures set forth in Section 1 are true and complete to the best of Landlord's knowledge as of the disclosure date. Tenant acknowledges receipt of these disclosures and that Tenant has read and understands this Agreement.

Landlord

Printed Name:

By:

Date:

Tenant

Printed Name:

By:

Date:

What a Tenant Disclosure Agreement Covers

A Tenant Disclosure Agreement documents material facts a landlord or property manager must disclose to prospective tenants before or at lease signing. Typical disclosures address health and safety conditions (lead-based paint for pre-1978 housing), known mold or pest infestations, outstanding code violations, and other material defects. The form clarifies who provides the information, how it is delivered, and when the tenant acknowledges receipt. It can be completed on paper or electronically and is often attached as an exhibit to a residential lease or rental application to create a clear record of disclosure and acceptance.

Why the Tenant Disclosure Agreement Matters

A clear disclosure reduces legal risk, sets expectations, and documents consent. It protects landlords by creating a record of what was shared and helps tenants make informed decisions about habitability and safety before accepting tenancy.

Who Typically Prepares and Signs This Agreement

Different parties rely on tenant disclosures at distinct stages of leasing; the form clarifies responsibilities and acceptance.

Landlords and property managers: Prepare disclosures, confirm accuracy, and deliver copies to applicants and signed tenants.
Leasing agents and brokers: Collect applicant acknowledgments and ensure disclosures are attached to applications or leases.
Tenants and guarantors: Review disclosures before signing and acknowledge receipt to preserve legal protections and remedies.

The signed disclosure becomes part of the leasing record and may be required in disputes about habitability or withheld information.

Representative Signatories

Landlord — Property Manager

A named owner or authorized property manager who certifies the accuracy of disclosures and signs on behalf of the property. Include title and contact details; inaccurate disclosures can expose the signer to statutory fines and civil claims, so confirm facts before signing.

Tenant — Applicant / Guarantor

The individual who will occupy the unit or the guarantor providing financial backing. The tenant signs to acknowledge receipt and understanding; the guarantor signs when required to guarantee lease obligations and acceptance of disclosed conditions.

Core Sections Included in a Professional Tenant Disclosure Agreement

A comprehensive form groups related disclosures and evidence into clear sections so both parties can review responsibilities and remedies quickly.

Property Details

Street address, unit number, lease term start and end dates, and identifying property manager or owner contact information to link the disclosure to a specific rental unit.

Material Defects

Known structural or safety issues such as roof leaks, electrical hazards, or recurring water intrusion. Describe issues, dates discovered, and remediation status to avoid ambiguity.

Environmental Risks

Lead-based paint notification for units built before 1978, radon advisories where required, and any known hazardous materials on site; include federally required language where applicable.

Health Concerns

Known mold, pest infestations, or infestations remediated recently; document dates of treatment and contractor reports when available to support claims.

Legal Notices

Notice of pending code violations, outstanding orders to correct, or ongoing litigation affecting the property that materially affects habitability or access.

Acknowledgment & Signatures

Signature blocks for landlord, tenant, and any witness or notary; dates and printed names to confirm who reviewed and accepted the disclosure.

Step-by-Step: Completing and Delivering the Disclosure

Follow these sequential steps to prepare, review, and preserve the disclosure during leasing.

01

Collect property facts: Gather inspection reports, service invoices, and code violation records before drafting.
02

Complete disclosure fields: Fill required fields carefully and attach supporting documents.
03

Review with tenant: Provide the disclosure to the applicant before finalizing a lease offer.
04

Sign and store: Obtain signatures and retain copies in the tenant file and accounting system.

How Electronic Disclosure and Signing Usually Works

E-sign workflows reduce in-person steps while creating an auditable record; the following sequence describes a typical online flow.

Upload Document: Owner uploads disclosure and attachments as a single package to the signing platform.
Place Fields: Add signature, initials, and date fields where required on the disclosure form.
Send to Signer: Deliver by email link, SMS, or secure portal with instructions and consent disclosure if consumer-facing.
Complete & Archive: Signer completes fields, signed copy is returned, and audit trail is stored with the file.

Typical Digital Workflow Settings for Tenant Disclosures

Configure these settings to balance signer convenience and authentication strength in online workflows.

Field	Configuration
Authentication	Email link + optional SMS code for added signer verification
Attachments	Allow PDF, DOCX; include inspection reports and invoices
Reminders	Enable automated reminders at 3 and 7 days for unsigned requests
Retention	Store completed records with audit trail for at least retention period required

Technical Considerations for eSigning Tenant Disclosures

Choose a platform that supports required file formats, secure authentication, and audit logging for legal defensibility.

Integrations: CRM and property management integrations streamline routing and recordkeeping.
File Formats: Support for PDF and Word ensures original text and attachments are preserved.
Authentication: Options should include email, SMS code, and stronger verification when required.

Ensure the chosen platform provides an audit trail and secure storage that meets your industry and state obligations.

Timing and When to Deliver Disclosures

Deliver disclosures at defined milestone points to create clear notice and minimize disputes.

At application:

Provide disclosures to applicants before accepting funds or making a formal offer.

Before lease signing:

All material disclosures should be provided and acknowledged before executing the lease.

Lead paint notice:

For pre-1978 housing, provide EPA/HUD required lead paint disclosure before lease signing.

Notarization (if required):

If a state or local law requires notarization, complete before filing or recordation.

Record retention:

Retain signed disclosures according to retention policy and any applicable statutes.

Key Processing Milestones for a Disclosure

A typical lifecycle progresses from document preparation to long-term retention; track each milestone to ensure compliance.

01

Prepare disclosure

Gather inspection and repair records before drafting the disclosure.

02

Deliver to applicant

Send disclosure early in the application or screening process.

03

Obtain signature

Secure tenant signature and any required witness or notarization.

04

Archive record

Store completed form with audit trail for the applicable retention period.

Common Mistakes to Avoid

Vague descriptions: listing ambiguous conditions invites disputes and weakens enforcement.
Missing attachments: failure to include repair records undermines claims that defects were remediated.
Late delivery: providing disclosures after lease execution can trigger statutory remedies in some jurisdictions.
Incorrect signatories: unsigned or improperly dated forms are harder to enforce in court.

Potential Consequences of Incomplete or Incorrect Disclosures

Lease challenge: May be voided

Statutory fines: Financial penalties possible

Tenant remedies: Rent abatement or repairs ordered

Liability claims: Increased tort exposure

Regulatory action: Local code enforcement penalties

Reputational harm: Reduced applicant trust

eSignature Vendor Pricing Snapshot

Compare common entry-level pricing and core constraints across vendors; signNow is listed first per platform comparison conventions.

	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	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Practical Tips for Accurate and Efficient Completion

Adopt consistent templates, verify facts before distribution, and choose secure channels to reduce risk and administrative overhead.

Standardize templates

Use a single vetted disclosure template across properties to reduce drafting errors. Have legal counsel review the master form and update it for state-specific language as needed.

Attach evidence

Always attach supporting contractor invoices or inspection reports referenced in the disclosure so third parties can verify remediation and dates when disputes arise.

Use clear dates

Enter all dates in MM/DD/YYYY format and confirm the disclosure date precedes lease execution; ambiguous or missing dates create evidentiary gaps in disputes.

Preserve audit trails

When using an eSignature platform, retain the audit trail showing signer identity, IP address, and timestamps to support attribution and enforceability.

Real-World Examples of Tenant Disclosure Use

The following case examples show how property operators use disclosures to document conditions and speed leasing decisions.

Martin Properties — Tim Martin, Founder

Tim Martin integrated online disclosures into his leasing workflow to reduce in-person paperwork and support remote signings.

Result: faster turnaround on move-ins and a clear record of condition.
The completed disclosure, with attached repair invoices and signed acknowledgment, reduced post-move-in disputes and helped the manager track recurring maintenance items across units.

BIS — Dan Rotelli, CEO

BIS standardized tenant disclosures across markets to centralize compliance and reporting.

Result: consistent disclosures across multiple properties.
Standardization enabled faster legal review, simplified training for on-site staff, and created uniform records that reduced compliance risk during regulatory inspections.

Frequently Asked Questions and Troubleshooting

Common questions about validity, signatures, notarization, and changes appear below with concise, practical answers.

Need help? Contact support

Is an electronic signature valid?
Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96, 2000) and UETA in applicable states when intent, consent, attribution, and retention requirements are met.
When is notarization required?
Most tenant disclosures do not require notarization, but local rules or recordation needs may impose notarization; verify state or county requirements before notarizing.
What if facts change after signing?
Prepare an amendment or supplemental disclosure signed by both parties. Document the effective date and retain both versions for the tenant file to preserve the change history.
How long should I keep signed disclosures?
Retain for the lease term plus at least three years; follow IRS guidance (IRC §6501(a)) and sector rules such as HIPAA six-year retention when applicable.
Can a tenant rescind a signed disclosure?
Rescission rights depend on the disclosure content and applicable statutes; consumer-facing records sometimes require specific consent language under ESIGN (15 U.S.C. §7001(c)).
What to do if a signature is missing?
Request a corrected signature immediately and attach the corrected document to the tenant file with an explanation; consider a brief cover letter describing the correction for clarity.

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