Agreements: By Type (6)
Standard (1-year) Lease Agreement – A standard lease contract has a defined term of 12 months, usually with the option to renew.
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Commercial Lease Agreement – This lease agreement is used strictly for non-residential real estate.
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Month-to-Month Lease Agreement – This agreement allows the tenant to rent a space indefinitely until either party gives proper notice to terminate the lease.
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Rent-to-Own Agreement (Lease Option) – A lease that allows the tenant to rent property with the option to purchase it.
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Roommate Agreement – This document enables two or more roommates to relay the terms and conditions of their shared occupancy.
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Sublease Agreement – A sublease agreement allows a tenant to rent out a room or the entire unit to a sublessor.
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Required Disclosures (6)
- Habitability and Safety – A lease must include a statement that the rental property is habitable and reasonably safe.[1]
- Lead-Based Paint Disclosure (PDF) – If a rental property was built before 1978, tenants must be given a disclosure that warns them of the possible or known presence of lead-based paint on the premises.[2]
- Move-in/Move-out Checklist (PDF) – If a security deposit is required, the tenant has the right to inspect the premises with the landlord at the beginning of the tenancy and make a list of existing damages.[3]
- Ratio Utility Billing System (RUBS) Disclosure (PDF) – If the landlord uses a ratio utility billing system to bill tenants for any utilities, they must disclose the included utilities and how they will be billed. Condominium and co-op rentals do not require this disclosure.[4]
- Security Deposit Receipt – The landlord must include, with the lease, a written receipt for a security deposit provided by the tenant (if applicable).[5]
- Utilities and Repairs – All leases are required to list the landlord and tenant’s responsibilities concerning utility payments and repairs during the lease term.[6]
Security Deposits
Maximum Amount ($) – The landlord may not charge more than two months’ rent as a security deposit.[7]
Collecting Interest – All interest accrued from the security deposit must be returned with the entirety of the deposit owed. The landlord doesn’t have to pay any interest if the deposit is less than $50 or held for under six months.[8]
Returning to Tenant – The landlord must return the security deposit within 45 days of the termination of the tenancy.[9]
Itemized List Required? – If any deductions were made to the tenant’s deposit, the landlord has to send them a list of damages and costs by first–class mail within 45 days of the termination date.[10]
Separate Bank Account? – The funds must be deposited into a security deposit account at a federally insured institution that is exclusively used for security deposits.[11]
Landlord’s Access
General Access – No state laws require the landlord to give the tenant a notice to enter. However, individual jurisdictions may require that notice be provided.
Immediate Access – Landlords aren’t legally prevented from entering without notice for emergencies.
Rent Payments
Grace Period – There is no grace period for unpaid rent in Maryland.[12]
Maximum Late Fees ($) – Landlords may not charge a late fee greater than 5% of the cost of monthly rent.[13]
Withholding Rent – If the landlord doesn’t fix an issue that seriously threatens health and safety after receiving notice from the tenant by certified mail, the tenant can bring an action to pay rent in escrow to the court, or withhold rent and use the failure to make repairs as a defense against any attempted eviction suit.[14]
Breaking a Lease
Non-Payment of Rent – Tenants must be given 10 days’ notice that their lease will be terminated if they don’t pay rent.[15]
Non-Compliance – If a tenant breaks the terms of their lease, the landlord can give them a 30-day notice to quit for non-compliance.[16]
Lockouts – It’s illegal for a landlord to change a tenant’s locks without a proper court order.[17]
Leaving Before the End Date – If a tenant abandons their unit before the lease ends, they will be liable for any unpaid rent.[18]
Lease Termination
Month-to-Month Tenancy – Landlords must give month-to-month tenants 60 days’ notice before terminating their lease agreement.[19]
Unclaimed Property – Any belongings left behind by a tenant who has quit the property must be handled in accordance with local regulations.