By the Templateez Team · Licensed Attorney · June 2026

Landlord-Tenant Intake Forms: What Attorneys Need to Capture at First Contact

Landlord-tenant law moves fast. An eviction with a five-day response deadline does not wait for you to schedule a second consultation to gather the information you should have captured during the first call. A tenant walks in on a Thursday afternoon with a notice to quit dated the previous Monday, and your window to file an answer is closing before the weekend. If your intake did not capture the notice date, the type of tenancy, whether the property is rent-stabilized, and whether the landlord followed the correct service procedures, you are doing legal research blind while a clock runs.

The fundamental challenge of landlord-tenant intake is that every fact you need depends on a threshold question you must answer first: are you representing the landlord or the tenant? That single determination reshapes every section of your landlord-tenant intake form — the matter types change, the relevant defenses flip, the damages look different, and the urgency calculus reverses. Here is what a complete landlord-tenant intake should capture, and why each field matters.

Client role: the question that frames everything

Before you document anything else, you need to establish whether your client is the landlord or the tenant. This is not a formality. It determines the entire architecture of your intake.

A landlord seeking to evict a nonpaying tenant needs you to document the lease terms, the arrears, the notices served, and the proof of service. A tenant responding to that same eviction needs you to document the defenses available — habitability violations, retaliatory motive, improper notice, discriminatory intent. The same dispute generates two fundamentally different intake sessions, and a form that does not branch on this question will either miss critical landlord-side documentation or fail to surface tenant-side defenses.

Capture the client role first, then let it drive the rest of the intake. Everything below is organized by what both sides need, with callouts where the landlord and tenant tracks diverge.

Matter type: the scope of the dispute

Landlord-tenant law covers far more ground than evictions. Your intake form should present the full range of matter types so you can identify the correct legal framework from the start:

• Eviction / unlawful detainer — the most time-sensitive category. Statutory deadlines are tight and jurisdiction-specific. You need to know immediately whether this is nonpayment, holdover, nuisance, or cause-based.
• Lease dispute — disagreements over lease terms, interpretation, or enforcement that have not yet escalated to eviction proceedings.
• Security deposit — failure to return, improper deductions, failure to hold in an interest-bearing account where required, or failure to provide an itemized statement.
• Habitability / repairs — conditions that render the premises uninhabitable or violate housing codes. Mold, lead paint, no heat, pest infestation, structural defects.
• Rent increase challenge — particularly relevant in rent-controlled or rent-stabilized jurisdictions where increases are regulated.
• Lease termination — disputes over early termination, break clauses, or constructive eviction claims.
• Illegal lockout — landlord changed locks, removed doors, shut off utilities, or otherwise engaged in self-help eviction without a court order.
• Discrimination / fair housing — refusal to rent, disparate treatment, failure to accommodate, or harassment based on a protected class.
• Retaliation — adverse action (rent increase, eviction filing, service reduction) in response to the tenant exercising a legal right such as filing a complaint or joining a tenant organization.
• Subletting / assignment dispute — unauthorized sublet, landlord's unreasonable refusal to consent, or Airbnb and short-term rental violations.
• Commercial lease dispute — these involve different statutory frameworks than residential leases and often include CAM charges, percentage rent, and exclusive-use clauses.

Many landlord-tenant matters involve overlapping categories. A tenant facing eviction for nonpayment may have withheld rent due to habitability violations and may also have a retaliation defense if the eviction followed a code enforcement complaint. Your intake should allow multiple selections, not force a single classification.

Property details: the facts that determine which laws apply

In landlord-tenant law, property characteristics are not just background information — they are jurisdictional triggers. The number of units in a building determines whether certain tenant protection statutes apply. Whether the property is rent-controlled changes the entire legal landscape. Your intake needs to capture:

• Property address and unit number — full street address, apartment or unit number, floor. You will need this for every filing, and getting it wrong on a notice can invalidate service.
• Property type — single-family home, multi-family dwelling, apartment complex, condominium, co-op, or commercial space. Each carries different statutory protections. A single-family home rental may be exempt from local rent control ordinances that apply to multi-unit buildings.
• Number of units in the building — this is a critical threshold in many jurisdictions. In New Jersey, buildings with fewer than three units are exempt from the Anti-Eviction Act's "good cause" requirements. In New York City, buildings with fewer than six units may not be subject to rent stabilization. In many cities, owner-occupied buildings with fewer than four units are exempt from fair housing disability accommodation requirements. Capture the unit count at intake because it determines which laws apply.
• Rent controlled or rent stabilized — essential in NYC, San Francisco, Los Angeles, Newark, and dozens of other jurisdictions. Whether the unit is covered by rent regulation changes the permissible grounds for eviction, the allowable rent increases, and the tenant's right to a renewal lease.
• Section 8 or subsidized housing — if a housing voucher is involved, HUD regulations and local housing authority rules layer on top of state landlord-tenant law. Eviction procedures for Section 8 tenants require separate notice to the housing authority. Landlords cannot refuse to renew solely to exit the program in many jurisdictions.
• Owner name and entity type — is the landlord an individual, an LLC, a trust, a corporation, or a real estate investment entity? This affects service of process, the capacity to sue and be sued, and whether piercing the corporate veil is a viable strategy.
• Management company — if different from the owner. The management company's role matters for establishing who received notices, who is responsible for repairs, and who has authority to negotiate.
• Property in foreclosure — if the property is in foreclosure, the Protecting Tenants at Foreclosure Act and state equivalents may give the tenant rights to remain in occupancy through the foreclosure sale and for a period after.

For matters involving real property transactions rather than tenancy disputes — purchases, sales, or refinances — the intake requirements differ substantially. See our real estate intake form guide for what attorneys and agents need to capture in those contexts.

Lease terms: the contract that governs the relationship

The lease is the foundational document in every landlord-tenant matter. Whether your client has a fifty-page commercial lease or a handshake agreement with a month-to-month tenancy, your intake needs to document the terms that exist:

• Lease type — written lease, oral agreement, month-to-month tenancy, or fixed-term lease. Oral leases are enforceable in most states for terms of one year or less, but they create evidentiary challenges. Month-to-month tenancies have different termination notice requirements than fixed-term leases.
• Lease start and end dates — or current month-to-month status if the original term has expired and the tenancy has continued.
• Rent amount — current monthly rent. If rent has changed during the tenancy, capture the history — especially if a rent increase is part of the dispute.
• Rent payment method — how the tenant pays (check, money order, electronic transfer, cash) and where (mailed, dropped off, paid online). Payment method disputes arise frequently — a landlord who refuses to accept rent by a method previously accepted may be engaging in a constructive eviction strategy.
• Security deposit — amount collected, where it is held, and whether it is in an interest-bearing account. Many states require landlords to hold security deposits in separate escrow accounts and to pay interest annually. Failure to comply with these requirements can result in statutory penalties, often two to three times the deposit amount.
• Last month's rent — whether it was collected at the start of the tenancy. Some jurisdictions treat last month's rent differently from a security deposit for purposes of interest and return requirements.
• Late fee terms — the amount, the grace period, and whether the late fee provision is enforceable under local law. Some states cap late fees at a percentage of rent or require a minimum grace period.
• Key lease provisions — pets, guests, alterations, subletting, parking, quiet hours, use restrictions. Any of these can become the basis of a lease violation claim or a defense to one.
• Renewal terms — automatic renewal, notice required for non-renewal, option to purchase. In rent-stabilized jurisdictions, the tenant's right to a renewal lease is statutory and cannot be waived by lease terms.

Eviction-specific intake: the facts that win or lose the case

Eviction cases live and die on procedural compliance and factual specifics. The intake fields diverge sharply depending on which side you represent.

For landlords initiating an eviction:

• Grounds for eviction — nonpayment of rent, holdover after lease expiration, nuisance or lease violation, illegal activity on the premises, owner occupancy, demolition or substantial rehabilitation. Each ground has its own notice requirements and procedural prerequisites.
• Notice served — type of notice (pay or quit, cure or quit, unconditional quit, notice of termination), date served, method of service (personal, substituted, posting and mailing), and proof of service. Defective service is the most common procedural defense in eviction cases. Capture every detail.
• Rent owed — total arrears, broken down by month. The demand amount must be accurate — an overstated demand can be grounds for dismissal in some jurisdictions.
• Cure period — did the tenant have a right to cure the violation, and did they attempt to cure within the statutory or lease-specified period?
• Prior notices and warnings — warning letters, cease-and-desist correspondence, prior notices that were served but not pursued. These establish the pattern that supports the current action.
• Court filing status — has an unlawful detainer complaint already been filed? If so, the case number, filing date, and hearing date.

For tenants defending an eviction:

• Notice received — type of notice, date received, and how it was served. Was it served on the tenant personally, left with a person of suitable age, or posted on the door? Was a copy mailed? Each element of service has statutory requirements, and any deficiency is a defense.
• Response deadline — this is the most time-critical field in the entire intake. In many jurisdictions, the tenant has five to ten days to file an answer or appear. Missing this deadline can result in a default judgment and a writ of possession. Capture the deadline and calculate the remaining days at intake.
• Available defenses — habitability violations (the landlord failed to maintain the premises), retaliation (the eviction follows the tenant exercising a legal right), discrimination (the eviction is pretextual and based on a protected class), improper notice (the notice does not comply with statutory requirements), rent withholding (the tenant withheld rent lawfully due to conditions), waiver (the landlord accepted rent after the alleged violation).
• Counterclaims — unreturned security deposit, repair costs the tenant incurred, diminished use of the premises, emotional distress. Many jurisdictions allow tenants to assert counterclaims in eviction proceedings, and these counterclaims can offset or exceed the landlord's rent claim.

Habitability issues: documenting the conditions

Habitability claims require detailed factual documentation at intake. A tenant who says "the apartment has problems" needs to be walked through a structured inventory of conditions:

• Specific conditions — mold or mildew, lead paint (especially in pre-1978 buildings with children), no heat or inadequate heat, no hot water, pest infestation (roaches, bedbugs, mice, rats), broken or missing locks, fire safety violations (no smoke detectors, blocked egress, missing fire extinguisher), structural defects (ceiling collapse, floor damage, water intrusion), plumbing failures, electrical hazards.
• Notice to landlord — date the tenant first notified the landlord of the condition, method of notice (written letter, email, text message, verbal), and whether the tenant has documentation (a copy of the letter, email screenshots, a log of calls). Written notice is essential — it establishes the landlord's knowledge and starts the clock on the duty to repair.
• Landlord response — what, if anything, did the landlord do? Did they send a contractor? Make a partial repair? Ignore the complaint entirely? Promise to fix it and then fail to follow through? The landlord's response — or lack of one — goes to both liability and damages.
• Code violations — has a municipal housing inspector or code enforcement officer cited the property? If so, capture the inspection date, the violations cited, and whether the landlord was ordered to make repairs within a specific timeframe.
• Rent withholding — has the tenant withheld rent due to the conditions? If so, is the withheld rent held in escrow? Some jurisdictions require tenants to deposit withheld rent with the court or in a separate account to preserve the defense.
• Repair and deduct — has the tenant made repairs and deducted the cost from rent? Many states allow this for certain types of repairs after proper notice to the landlord, subject to dollar caps (often one month's rent).

Security deposit disputes: the numbers and the deadlines

Security deposit disputes are among the most common landlord-tenant matters, and they are driven almost entirely by documented facts and statutory deadlines:

• Deposit amount — how much was collected, and when. Some states cap security deposits at one to two months' rent.
• Interest requirements — does the state or municipality require the landlord to hold the deposit in an interest-bearing account and pay annual interest? Failure to comply can forfeit the landlord's right to retain any portion of the deposit, regardless of damages.
• Itemized deductions — what did the landlord withhold, and for what? Normal wear and tear is not a valid deduction. Actual damage beyond normal wear is. Cleaning charges are disputed frequently — some jurisdictions prohibit deducting cleaning costs unless the tenant left the unit substantially dirtier than at move-in.
• Move-out inspection — was one conducted? Several states require the landlord to offer a pre-move-out inspection and provide the tenant with an opportunity to cure deficiencies before move-out. Failure to offer this inspection can limit the landlord's deductions.
• Return deadline — state-specific, typically fourteen to forty-five days after the tenant vacates. Failure to return the deposit or provide an itemized statement within the statutory period can result in automatic liability for the full deposit plus statutory penalties.
• Disputed deductions — what does the tenant contest? Pre-existing damage, normal wear and tear, inflated repair costs, deductions for items the tenant did not cause. Photographs from move-in and move-out are the strongest evidence in these disputes.

Damages and relief sought

The final section of your intake should capture what the client is seeking and what exposure exists. Landlord-tenant damages are statutory in many cases, which means the relief available may exceed what the client initially expects:

• Back rent owed — for landlords, the total arrears. For tenants asserting counterclaims, the offset amount.
• Holdover damages — many leases provide for double rent during holdover periods. Some statutes impose holdover penalties independent of the lease.
• Property damage — actual cost of repairs, documented with estimates or invoices.
• Security deposit return — plus statutory penalties for bad faith retention. In New Jersey, wrongful withholding can result in double the deposit. In California, up to twice the deposit in bad faith cases. In Massachusetts, treble damages.
• Repair costs — amounts the tenant spent to address conditions the landlord failed to repair.
• Relocation costs — if the tenant was constructively evicted or displaced by uninhabitable conditions. Moving expenses, temporary housing, storage fees.
• Emotional distress — recognized in some jurisdictions for egregious landlord conduct, particularly in illegal lockout, harassment, or discrimination cases.
• Attorney fees — does the lease contain a prevailing party attorney fee provision? Do any applicable statutes provide for fee-shifting? In many consumer protection and anti-discrimination statutes, the prevailing tenant recovers fees regardless of the lease terms.
• Treble or punitive damages — some states allow enhanced damages for willful violations. Security deposit bad faith, illegal lockout, and retaliatory eviction are common triggers.

Why structured intake changes outcomes

Landlord-tenant law is deceptively procedural. The substantive merits of a case — whether the tenant owes rent, whether the landlord maintained the property, whether the eviction is retaliatory — are often secondary to whether the right notice was served in the right way within the right timeframe. An intake form that captures notice dates, service methods, response deadlines, and unit counts is not collecting administrative data. It is identifying the procedural facts that will determine whether you can win on the merits at all.

A landlord client who tells you they served a three-day notice when the statute requires thirty days for a month-to-month termination has just told you their case is defective before it starts. A tenant client who tells you they received a notice eight days ago in a jurisdiction with a five-day answer period has just told you that your first motion is for relief from default. Neither of those facts surfaces if your intake form only asks for a name, an address, and a general description of the problem.

If your practice includes real property transactions alongside tenancy disputes, see our real estate intake form guide for what to capture on purchase, sale, and refinance matters — the property details overlap, but the legal issues diverge entirely.