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Chapter 03 of 06

Negotiating in Good Faith

What 'good faith' actually means, what's negotiable in a lease, and the exact written language that gets a yes.

6 min read

Every lease in the United States carries an implied covenant of good faith and fair dealing. That means both parties — you and the landlord — must act honestly and not deliberately undermine each other's reasonable expectations under the contract. It does not mean either side has to be generous. It means neither side can be deceptive.

What's actually negotiable

More than most renters realize. Landlords negotiate hardest when (a) the unit has been on the market a while, (b) it's the off-season, or (c) you're an obviously qualified applicant.

  • Rent — usually 1–5% off list, more in slow markets
  • Lease term — 13- or 18-month leases often get a discount
  • Move-in date — split the difference on prorated rent
  • Pet fees — non-refundable pet fees are very negotiable
  • Parking — often free if you ask
  • Repairs before move-in — get them in writing, with deadlines
  • Early termination clause — ask for a fixed "buyout" cap
  • Auto-renewal — strike it, or shorten the notice window

How to ask, in writing

Always negotiate in email, not over the phone. You want a paper trail, and you want them to commit in writing. Be specific, be polite, and give a reason.

Subject: Application for Unit 412 — a few requests before signing

Hi [Name],

Thanks again for the tour yesterday. I'm ready to move forward on Unit 412 and wanted to confirm a few items before I sign:

1. Rent — given that the unit has been listed for 47 days, would you consider $1,725/mo instead of $1,795?
2. The dishwasher wasn't draining during the walkthrough. Can we add an addendum stating it will be repaired or replaced before move-in (target: Mar 1)?
3. The pet addendum lists a $400 non-refundable fee plus $35/mo pet rent. Would you waive the non-refundable fee for a 12-month term?
4. Please remove the auto-renewal clause, or change the notice window from 90 days to 30.

Happy to sign by end of week if we can align. Thanks for considering.

— [Your name]

Negotiated language to ask for

When the landlord agrees to a change, push for it as a clean addendum or redline rather than a verbal "yes." Some examples of language that's worked:

Tenant-friendly clausePre-move-in repair addendum
“Landlord agrees to complete the following repairs at Landlord's expense on or before March 1, 2026: (1) replace dishwasher in Unit 412; (2) repair drywall damage in master bedroom; (3) replace bathroom exhaust fan. Failure to complete these items by the deadline shall entitle Tenant to a rent credit equal to one (1) day's Rent for each day of delay.”
What it means:Specific items, a deadline, and a consequence if they miss it. This is what you want instead of "we'll fix it after you move in."
Tenant-friendly clausePet fee waiver
“The non-refundable pet fee referenced in Section 14 of the Lease is hereby waived for one (1) cat. Monthly pet rent of $25 shall remain in effect. This addendum supersedes any conflicting language in Section 14.”
What it means:Waives the upfront fee, leaves pet rent in place, and explicitly overrides the original lease so there's no ambiguity.
Tenant-friendly clauseAuto-renewal redlined to month-to-month
“At the expiration of the Term, this Lease shall convert to a month-to-month tenancy on the same terms unless either party provides at least thirty (30) (rather than ninety (90)) days' written notice of termination.”
What it means:Replaces a 12-month auto-renewal trap with a flexible month-to-month and a reasonable notice window.

What "good faith" looks like from your side

  • Don't misrepresent income, occupants, or pets on the application.
  • Don't sign with the intention of breaking the lease in 60 days.
  • Disclose service animals up front (they're not pets, but disclose).
  • Pay the application fee promptly and respond to requests within 48 hours.

What bad faith from the landlord looks like

  • Bait-and-switch on the unit ("412 is gone, but we have 309 for the same price")
  • Refusing to put any verbal promise in writing
  • Pressuring you to sign before you've read the lease
  • "Holding fees" that aren't refundable if you don't sign
Watch out for
A "non-refundable holding deposit" of more than a few hundred dollars is a flag. In some states it's outright illegal. Get the holding terms in writing and find out what triggers a refund.
Try this
Bundle three small asks together rather than one big one. Landlords often concede 2 of 3 to feel like they "won" the negotiation.
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