Perhaps the most novel and complex new frontier is the integration of smart home technology into rental properties. Landlords are increasingly installing devices like smart thermostats, keyless smart locks, and security cameras in common areas. This technology can offer convenience and security, but it also raises significant privacy concerns. As a result, new lease clauses are emerging to govern these devices. A modern lease should explicitly state what smart devices are in the unit, what data they collect, who has access to that data, and how it is used. For example, a clause for a smart lock might specify that while the landlord can remotely generate a temporary access code for a maintenance worker, they cannot track the tenant’s daily comings and goings.
The rise of the “sharing economy” has also impacted leases. To prevent unauthorized use of a property, most new tenancy agreements now contain a specific clause that explicitly prohibits listing the unit on short-term rental platforms for travel lodging without the landlord’s express written consent. This protects the landlord from the risks associated with transient guests and potential violations of local ordinances.
The legal framework is still catching up to the pace of technological change. For example, specific laws governing data privacy in the landlord-tenant context are still evolving, making a clear and transparent lease clause more important than ever.