A condo lease agreement is a residential rental contract specifically designed for condominium units, incorporating the unique legal framework that applies when a landlord rents out a unit within a homeowners association (HOA) or condominium association. Unlike a standard apartment lease, a condo lease must account for the association's declaration of covenants, conditions, and restrictions (CC&Rs), which impose rules that bind both the unit owner (landlord) and the tenant.

Condo rentals are governed by a dual layer of law: state landlord-tenant statutes (such as California Civil Code Sections 1940-1954.05 or Florida Statutes Chapter 83) set baseline tenant protections, while the condo association's governing documents impose additional restrictions on use, occupancy, noise, pets, parking, and common area access. Many HOAs have specific rental restrictions, including minimum lease terms, tenant screening requirements, and caps on the percentage of units that can be rented at any given time.

The legal complexity increases because the landlord remains responsible to the HOA for their tenant's conduct. If a tenant violates association rules, the HOA can fine the unit owner, not the tenant directly, under most state condominium acts (e.g., Uniform Condominium Act Section 3-107). A properly drafted condo lease agreement shifts this risk by requiring the tenant to comply with all HOA rules and by incorporating indemnification provisions that hold the tenant financially responsible for any fines or assessments resulting from their behavior.

When a condo owner decides to rent out their unit -- whether as a long-term investment or because they are relocating temporarily -- a condo-specific lease is required rather than a generic residential lease. The standard lease does not address HOA rules, common area responsibilities, or association approval requirements.

When an HOA requires landlord registration or tenant approval before occupancy begins, the lease must reference this process and make the tenant's occupancy contingent on association approval. Some Florida condo associations, for example, have the right to approve or reject tenants under their declarations.

When renting a furnished condo as a seasonal or vacation rental in states that allow it, the lease must address furniture inventory, utility account transfers, and any short-term rental restrictions imposed by the HOA or local zoning ordinances.

When the condo has assigned parking spaces, storage units, or exclusive-use common areas, the lease must specify which amenities the tenant receives access to and any associated fees or restrictions.

When the condo owner retains the right to use certain amenities (such as a pool or gym membership tied to the unit), the lease should clarify whether those amenities transfer to the tenant during the lease term.

Failing to use a condo-specific lease exposes the landlord to HOA fines for tenant violations, potential disputes over maintenance obligations (since condo maintenance responsibilities are split between the owner and the association), and liability gaps that a standard lease does not address.

The property description must include the unit number, building address, and any assigned parking spaces, storage lockers, or exclusive-use common areas included in the rental. The lease should also identify the HOA or condo association by name.

Rent terms must specify the monthly amount, due date, accepted payment methods, and any late fees. The lease should clarify whether HOA assessments, special assessments, or utility charges are included in the rent or are the tenant's separate responsibility.

A security deposit clause must comply with state limits -- for example, California caps residential security deposits at two months' rent for unfurnished units (Civil Code Section 1950.5), while Florida requires deposits to be held in a separate account with specific notice requirements (Statutes Section 83.49).

HOA compliance provisions are unique to condo leases. The lease should require the tenant to comply with all association rules, CC&Rs, and bylaws, and should attach a copy of the current rules as an exhibit. The tenant should acknowledge receipt and agree to be bound by these rules as a condition of occupancy.

Maintenance responsibility allocation must reflect the condo structure: the association maintains common elements and structural components, the unit owner is responsible for interior systems (HVAC, plumbing within the unit), and the tenant handles day-to-day upkeep and minor repairs. The lease should clearly delineate these responsibilities.

An indemnification clause should protect the landlord from HOA fines, legal fees, or special assessments caused by the tenant's violations of association rules. Move-in and move-out procedures, including any association-required deposits or elevator reservations, should also be addressed. Both parties must sign, and the lease term must comply with any minimum duration required by the HOA.