A Maryland lease agreement is a legal document between a landlord and their tenant(s) that outlines the terms and conditions for renting property. Selecting a reliable tenant is an important task, so ensure you check your tenant’s rental and credit history to minimize risk when entering a lease agreement.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: Yes.
- Late Fees in Rental Agreement: Yes.
- Grace Period: No.
- License Required for Landlord: Yes, but only in some counties.
By Type (6)
Standard Lease Agreement
Formalizes a rental agreement between a landlord and a tenant for residential property.
Month-to-Month Rental Agreement
Presents residents with the option for adaptable month-to-month living arrangements, free from the need of a long-term commitment.
Commercial Lease Agreement
Permits a business to rent a commercial property from a landlord.
Room Rental Agreement
Formalize a living arrangement by establishing a binding contract between the primary tenant and other occupants.
Sublease Agreement
Grants the subtenant the authority to rent either the entire property or a portion of it for a specified period.
Rent-to-Own Lease Agreement
Permits a renter to buy a property if they'd like to after their tenancy is over.
Required Lease Disclosures
Maryland imposes specific requirements for landlords and tenants when executing a lease agreement. For example [1] :
- Ratio Utility Billing System (RUBS) Disclosure. The disclosure applies to landlords who use a ratio utility billing system for one or more utilities [2] .
- Move-in/Move-out Checklist. The landlord must notify the tenant of their inspection rights before move-in and at lease end. The tenant can be present during the inspection, which should occur within five days of the lease’s start and end [3] .
- Security Deposit Receipt. The landlord must provide a receipt for the security deposit [3] .
- Identification. The name, address, and contact number of the landlord and anyone else authorized to accept notice or service of process on behalf of the landlord need to be included in the agreement [4] .
- Habitability. The agreement has to include a statement confirming that the property will be in a condition that permits habitation [5] .
- Lead-Based Paint Disclosure. Applies to rental properties built before 1978 [6] .
Security Deposit
- Maximum Amount: The landlord may ask for a maximum of two months’ rent from a new tenant [7] .
- Receipts: The landlord must provide the tenant with a receipt for the security deposit [7] .
- Interest Payments: The landlord is required to hold the security deposit in an interest-bearing account [7] .
- Bank Account: The security deposit must be held in a separate bank account exclusively for security deposits [7] .
- Returning Requirements: The landlord must return the security deposit within 45 days of the tenancy’s end date [7] .
- Withholding Rules: If any amount is withheld, the landlord must provide an itemized list of damages within 45 days [7] .
Rent Payments
- Laws: Rent is due on the date specified in the lease agreement [8] .
- Rent Control: Maryland does not have state-wide rent control laws.
- Late Fees and Grace Period: The maximum late fee is 5% of the monthly rent; no state-mandated grace period [8] .
- Withholding Rent: Tenants can withhold rent if there are serious defects that threaten health or safety. [9] .
Landlord Right of Entry
- Notice Requirements: No state statutes require a specific notice period for entry; 24-48 hours’ notice is recommended.
- Keys, Locks, and Security: It is illegal to change locks without a court order [10] .
Property Repairs
- Landlord Responsibilities: Landlords must maintain rental properties in habitable condition [9] .
- Tenant Repairs: If the landlord fails to make necessary repairs, tenants can deduct the cost from rent [9] .
- Abandonment: State law does not specify the time period for property abandonment.
Terminating a Lease
- Month-to-Month Tenancy: Either party must give 60 days’ notice to terminate a month-to-month tenancy [11] .
- Unclaimed Property: Landlords are not required to store personal property abandoned by the tenant.
Sample
The Maryland lease agreement template below defines all necessary rental terms.
