What Should I Include in My Rental Lease Agreement?

Appfolio Websites • October 23, 2020

What Should a Lease Agreement Include?

A lease agreement is an essential document when you own real estate and rent it out. It should be comprehensive, outlining all aspects of the landlord-tenant relationship and anticipating any situations that may occur or arise during the life of the agreement.

But being comprehensive with a lease agreement is hard. So many things can happen during the life of a lease agreement, and to document them all would take hundreds of pages. Given your unique circumstances, there are certain things often overlooked in lease agreements that you should certainly consider adding. 

Most new landlords simply search around the internet for a standard lease that allows them to fill in the blanks. That's not always a good idea, because a generic one can't possibly consider your specific area, your renter profile, your preferences and other factors. To help craft the right document for your needs, here’s a look at what to include in your lease agreement, including a number of oft-overlooked provisions.

Basics of a Lease for Renters

This is obvious, but your lease agreement should state the basic terms of the contract: 

  • How much is rent?
  • When is it due each month? 
  • When does the lease begin? 
  • When does it end? 

You’ll find these basics on most standard rental agreements. But the basics aren’t enough, which is why you should include each of the things listed below.

Conflict Resolution Approaches for Your Rental Property

Conflict is inevitable at your property. It can arise between landlord and tenant, or it can often emerge between or among tenants. While you can’t anticipate what specific conflicts will relate to, you can create a process for dealing with conflict. This process should state how you will first approach conflict, and then it should also provide steps for escalating the mediation should initial steps not work.

Let’s be honest. There’s nothing easy about dealing with conflict at your property. But lacking a process for dealing with it makes it so much harder. Make sure to lay this process out in your lease so each tenant knows what can be expected.

Whether You Allow Pets on Your Property

Does your property allow pets? This is a question you'll have to answer for yourself from the get-go. Perhaps you've had a bad experience in the past, or perhaps you want to avoid having a bad experience in the future — in which case banning pets might be your decision. 

But so many prospective tenants have pets, and banning animals may make it harder to keep your property full. If you do allow pets, outline in the lease agreement all of the terms surrounding their presence on the property. You may choose to limit the weight of a pet or the number of pets. And you may also include an additional deposit or monthly rent because of the presence of a pet.

Subletting Your Property: Yay or Nay

This is another area where you’ll have to make a decision. Will you or won’t you allow subletting? No matter what you decide, outline in the clearest possible terms your decision. It’s important you stay in control of who lives at your property, whether you allow subletting or not, and your lease should be crafted to help you maintain as much control as possible.

Can Your Tenants Have Guests?

A good lease agreement outlines how many guests tenants can have, as well as how long those guests can stay. The number of allowed guests may vary depending on the situation. For example: 

  • Some properties only allow a tenant so many guests at the pool or in other common areas. 
  • Some properties allow unlimited guests but with a limit on how many can spend the night — and how many nights guests can spend. 

If you are too lax on guest policies, a long-term guest can become a veritable tenant. You should allow guests, of course, but make sure you allow them in a way that's best for your property.

Outline Expectations for Utilities Usage

This important for both single-family and multi-family properties. You should outline in a lease agreement: 

  • What utilities a tenant is responsible for
  • The deadline by which they should be placed in the tenant’s name
  • The process and recourse for overuse or late payments

Some tenants must pay the landlord for utilities due to circumstances. Outline the process and deadlines for these payments just as you would the processes and deadlines for paying rent.

Explain Regulations for the Common Areas

Many properties have common spaces shared among residents. Outline any rules and regulations for using these common spaces in your lease agreement. This could mean rules and regulations for a fireplace, grill, pool, workout facility, backyard or similar area. As always, be comprehensive and try to anticipate challenges and conflicts that may emerge around one of these common areas.

Define “Wear and Tear” in the Lease Agreement

There’s a nefarious term in lease agreements — “wear and tear.” It’s used as if everyone understands and agrees on what it means, but it’s a very vague term in real estate. When you use this term, outline exactly what it means based on your unique property and situation. Being more specific can help alleviate conflict and disagreement in the future. It is illegal to withhold a renter’s security deposit for “normal wear and tear” – so be sure to outline what is “normal” and what is not, in order to protect your rights and ability to fix or update the property once the tenant moves out.

Who Is Responsible for Maintenance and Repairs?

As a landlord you are generally responsible for maintenance and repairs. But what happens when damage directly caused by the tenant results in the need for maintenance and repairs? For example, what if they break an appliance, shatter a window or clog a toilet? 

Again, be specific about where your responsibility ends and where the tenant’s responsibility begins. This goes can even include who mows the lawn and who’s responsible for pest control. As with every part of the lease agreement, try to anticipate needs and situations that may arise in the future.



Need Help Figuring Out Your Lease Agreement?



At Harrisburg Property Management Group, we provide comprehensive management services to property owners who own and lease real estate of all kinds. We can connect you with legal support as you consider clauses to include in a lease agreement as a landlord. If you’re wondering what to include in a rental agreement, it’s a good sign you could use an experienced partner to help with management.

Contact us today about lease preparation and other management services.

By Ryan Colquhoun • October 25, 2026
Whether you are selling your rental property to reinvest in another rental or put the money away in a retirement fund, you are likely hoping to walk away with capital gains. Capital gains are the profit resulting from the sale of an asset, particularly your investment property. In this article, we explain the types of capital gains, their tax implications and strategies for effectively managing them. For Harrisburg and Central Pennsylvania landlords, understanding capital gains on the sale of their rental property is critical to ensuring a profitable sale. The Two Types of Capital Gains There are two types of capital gains calculated on rental properties. Short-term capital gains apply to assets held for a year or less, and they are often taxed at the standard income tax rate. Long-term capital gains, on the other hand, apply to properties owned for more than a year and enjoy a preferential federal tax rate of up to 20%, depending on your taxable income. The longer you hold your property, the higher the chances of paying a lower capital gains tax. Calculating Your Rental Property's Gain To calculate the gain on your rental property, the first consideration should be the original cost basis. This is the initial cost of acquiring the property, including the purchase price, closing costs and any non-deductible expenses incurred during purchase. With the original cost basis, you can then calculate the adjusted basis. The adjusted basis is the original basis plus the cost of major improvements to the property that enhance its value or extend its useful life. If there are any reductions to the basis, factor them into the adjusted basis. The reductions could include casualty losses, easements granted and any depreciation allowable or taken. For example, if you bought a property for $250,000 and incurred acquisition costs of $5,000, your initial cost basis is $255,000. If during your ownership, you replaced the roof, added a deck and renovated the kitchen for a total of $45,000, these would be your capital improvements. For the sake of our calculations, let us consider a $30,000 depreciation taken. Step 1: Calculate the Net Sales Price Calculate the net sales price by subtracting your selling expenses from the gross sales price. If you are selling the property for $380,000 and incurred selling expenses of $20,000, then your net sales price would be $380,000 - $20,000 = $360,000. Step 2: Calculate the Adjusted Basis The adjusted basis will include your capital improvement and the original basis minus the depreciation claimed. According to our example, the adjusted basis is $255,000 + $45,000 - $30,000 = $270,000. Step 3: Calculate the Capital Gain For the capital gain, you will need to subtract the adjusted basis from the net sales price: $360,000 - $270,000 = $90,000. Decoding Depreciation Recapture Depreciation is the amount the IRS allows you to deduct each year for normal wear and tear, while recapture is the portion of that amount you must repay. If you sell your rental property for more than your adjusted basis, then the government will want to recapture the tax break it gave you during your ownership. Tax recapture applies even to depreciation allowable, not just taken. This tax is often subject to a special federal rate of up to 25% , but not more than your income tax rate. In our example, your total depreciation is $30,000. We will multiply it by the 25% to get the total recapture tax of $7,500 that the government will recoup. Federal vs. Pennsylvania Capital Gains Tax The federal government taxes capital gains at rates of either 0%, 15% or 20% . Your total taxable rate depends on your income bracket. For high-income earners, the government may also include an additional 3.8% net investment income tax. However, Pennsylvania has a different approach to taxes. Rather than taxing long- or short-term gains at different rates, the state applies a single standard rate to all net gains. The state doesn't charge a separate depreciation recapture, nor are there preferential rates. The state's 3.07% income rate applies to capital gains. Now, to calculate the total capital gains subject to tax, we don't start with the $90,000 because we have already calculated the $30,000 recapture. We start with the $60,000, which is the remaining capital gain. If you are in the 15% bracket, your tax would be $60,000 x 15% = $9,000. Add that to the depreciation recapture, and the total federal tax would be $9,000 + $7,500 = $16,500. For the Pennsylvania state tax, calculate the tax on the total gains. So, $90,000 x 3.07% = $2,763. Strategies to Minimize Capital Gains Tax While a capital gains tax is often mandatory, there are several strategies you can apply to minimize the total amount you have to pay. Timing your sale: Hold on to the property for at least a year. After a year, you are eligible for more favorable long-term capital gains. You can also align your sale with the year when you have a lower income to be in a lower federal tax bracket. 1031 exchange: If you reinvest the proceeds into a similar investment property, you can qualify for a federal deferment. This Section 1031 option allows you to defer both the capital gains and depreciation recapture taxes. You have 45 days to identify the replacement property and exactly 180 days to close. Convert to a primary residence: For two to five years before selling the rental, you may be able to convert it to a primary residence, allowing you to exclude up to $250,000 of the gain if single or $500,000 if married. However, do note that there are limitations, and you cannot exclude the depreciation recapture. Installment sale: You can also opt for the buyer to repay you in installments. This process enables you to spread the tax liability across those years, potentially keeping you in a lower tax bracket. Since the depreciation recapture is calculated in the year of sale, it will still apply. Avoid Common Pitfalls There are several pitfalls to watch for when working with capital gains: Ignoring state-specific rules: While federal laws apply nationwide, each state has its own unique laws that may affect capital gains or even exchange rules. Beyond federal laws, also investigate state-specific rules that apply to you. Inadequate record-keeping: Having accurate records is the best way to track expenses and improvements, making it easier to prove a higher adjusted basis. Poor timing: Selling without considering the impact on your tax bracket or market conditions may result in higher capital gains tax. Lack of professional advice: Whether federal or state-specific, tax laws are complex. Navigating them without professional help may make it easier to file the wrong form or even miss a due date. Partner With Harrisburg Property Management Group for a Smooth Sale Understanding capital gains on the sale of a rental property can help you navigate both federal and state-specific taxes. At Harrisburg Property Management Group, we are a comprehensive solution for landlords looking to sell a rental property in Central Pennsylvania and the surrounding areas. Our experience as a licensed real estate brokerage and property management company means we are there for you when you are leasing your property and when you need to sell it. We can help you conduct accurate property assessments that consider rental income potential and local market trends while streamlining the selling process. Contact our team and let us help you maximize the sale of your rental property. 
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