Not every clause in a lease agreement is fair — or even legally enforceable. Some landlords include provisions that go well beyond what the law permits, relying on tenants not knowing their rights. This guide covers the ten most common unfair clauses found in residential lease agreements, what they say, and whether they actually bind you.
Mandatory Professional Cleaning at Move-Out
"The tenant shall arrange and pay for a professional end-of-tenancy clean by a licensed cleaning company before vacating the premises."
Why it's problematic: This makes professional cleaning a mandatory obligation regardless of how clean the property actually is. In the UK, mandatory professional cleaning charges are prohibited under the Tenant Fees Act 2019. In the US and Australia, cleaning obligations must reflect the actual condition required — you can only be charged what is reasonably necessary to restore the property to its move-in condition.
UK: Void under Tenant Fees Act 2019Unlimited Rent Increases
"The landlord may increase the rent at any time by giving [28/60/90] days' notice."
Why it's problematic: A clause allowing rent to be increased at any time by any amount, even during a fixed term, is an attempt to undermine the security your fixed term is supposed to provide. In jurisdictions with rent control (California, New York, Victoria, Ontario), such clauses conflict with statutory limits. Even without rent control, during a fixed term the rent is fixed — a clause purporting to override this may be void.
Likely void during fixed term in most jurisdictionsBlanket Liability for All Repairs
"The tenant shall be responsible for all repairs and maintenance to the property, howsoever arising, during the tenancy."
Why it's problematic: This attempts to transfer the landlord's statutory repair obligations to the tenant. In the UK, Section 11 of the Landlord and Tenant Act 1985 makes this void for tenancies of less than seven years. In the US and Australia, similar habitability obligations cannot be contracted away.
UK: Void under Landlord and Tenant Act 1985Right to Enter Without Notice
"The landlord or their agents may enter the premises at any time, with or without prior notice, for any purpose they deem necessary."
Why it's problematic: This violates the tenant's statutory right to quiet enjoyment in virtually every common-law jurisdiction. Minimum notice requirements are statutory and cannot be waived by contract.
Void in all major jurisdictionsDisproportionate Late Fees
"If rent is more than [3/5/7] days late, the tenant shall pay a late fee of $[150/200/300]."
Why it's problematic: Late fees must be proportionate to the landlord's actual loss or administrative cost. In the UK, late fees are capped at 3% above the Bank of England base rate after 14 days' arrears. Many US states cap late fees at a percentage of monthly rent. Flat fees that bear no relationship to actual loss may be challenged as a penalty clause.
UK: Capped at 3% + base rate after 14 daysRedecoration Obligation on Vacating
"The tenant shall redecorate all rooms in neutral colours prior to vacating, using professional decorators."
Why it's problematic: Unless the property requires redecoration due to damage beyond fair wear and tear, a blanket obligation to redecorate imposes costs on the tenant for normal property maintenance that should be absorbed by the landlord over time. After a typical 12-24 month tenancy, some repainting of high-use areas may be fair wear and tear.
Likely unenforceable unless damage exceeds fair wear and tearExcessive Deposit
"A security deposit of [three/four/six] months' rent is required."
Why it's problematic: Deposits are capped by law in many jurisdictions: five weeks' rent in England (Tenant Fees Act 2019), one month in California (AB 12 from July 2024), one month in Ontario, four weeks in NSW. Any attempt to charge more is unlawful and you are entitled to the excess back.
Illegal in UK, CA, Ontario, NSW and othersAdministration Fees
"The tenant shall pay an administration fee of $[200/500] upon signing, renewal, or any changes to the tenancy."
Why it's problematic: In England, all admin fees charged to tenants are prohibited under the Tenant Fees Act 2019. In many US states, upfront fees beyond the deposit and first month's rent are restricted. Always check what fees are permitted in your jurisdiction.
UK: Void under Tenant Fees Act 2019Absolute No-Pets Clause in Pet-Friendly Jurisdictions
"No pets of any kind are permitted on the premises at any time without exception."
Why it's problematic: In Victoria, Australia, landlords cannot refuse reasonable pet requests without VCAT approval. In the UK, legislation is moving toward limiting blanket no-pets bans. In all jurisdictions, this clause cannot be used to exclude assistance animals.
Enforceability varies by jurisdictionTenant Responsible for Landlord's Legal Costs
"The tenant shall indemnify the landlord for all legal costs, solicitor fees, and court costs arising from any breach of this agreement."
Why it's problematic: One-sided indemnity clauses that require the tenant to pay the landlord's legal costs regardless of the outcome of any dispute are generally void as unfair contract terms. Courts typically award costs based on the merits of each case — a blanket indemnity in favour of one party only is a hallmark of an unbalanced agreement.
Likely unenforceable as an unfair termScan your lease for all 10 and more
LeaseScan analyses your lease against a database of known unfair and unlawful clauses, flags them by severity, and explains each issue in plain English — in under 60 seconds.
Scan My Lease →Disclaimer: This article is for informational purposes only. Whether a clause is enforceable depends on your specific jurisdiction and the exact wording. Consult a qualified solicitor or attorney before taking action.