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Maryland Rental Lease Agreements | Laws

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Updated on September 28th, 2022

A Maryland lease agreement is an agreement between a landlord and a tenant that defines the terms and conditions of renting property. The tenant will need to review the document in its entirety, ensuring that the length of the term, the cost of rent, the cost of the security deposit, and all listed responsibilities and rights seem just and to their liking. All parties involved must comply with the document’s contents and inscribe their signature for the agreement to be considered legally binding.

Rental Application – Prior to renting out an apartment, a landlord will often use a rental application to obtain the employment and credit history of a prospective tenant to ensure they’re a suitable candidate.

Contents

Agreements: By Type (6)

Commercial Lease Agreement – This lease agreement is used strictly for non-residential real estate. This type of agreement applies to property that could be used for office space, a restaurant, retail stores, industrial warehouses, and other commercial uses.

Download: PDF, Word (.docx), OpenDocument

 

Rent-to-Own Agreement (Lease Option) – A lease with the option to buy provides the tenant with the ability to rent the property and purchase it should they meet the requirements detailed in the lease document.

Download: PDF, Word (.docx), OpenDocument

 

Month-to-Month Lease Agreement – Also referred to as an at-will lease, this agreement allows for an arrangement where the tenant can rent the space indefinitely until either party gives proper written notice that they intend on terminating the agreement.

Download: PDF, Word (.docx), OpenDocument

 

Roommate Agreement – This document enables two (2) or more roommates to relay the terms and conditions of cohabitation.

Download: PDF, Word (.docx), OpenDocument

 

Sublease Agreement – A sublease agreement provides a tenant with the ability to rent out a room or the entire apartment to a sublessor. This can be accomplished only with the consent of the landlord.

Download: PDF, Word (.docx), OpenDocument

 

Disclosures (6)

  1. Habitability and Safety
  2. Lead-Based Paint
  3. Move-in/Move-out Checklist
  4. Ratio Utility Billing System (RUBS) Disclosure
  5. Security Deposit Receipt
  6. Utilities and Repairs

1) Habitability and Safety

A lease must include a statement that the rental property is habitable and reasonably safe.

2) Lead-Based Paint Disclosure

If a rental property was built prior to 1978, tenants must be given a disclosure that warns them of the possible or known presence of lead-based paint on the premises.

  • Download: PDF

3) Move-in/Move-out Checklist

If a security deposit is required, the tenant has the right to have the landlord inspect the premises in their presence at the beginning of the tenancy in order to make a list of existing damages.

4) Ratio Utility Billing System (RUBS) Disclosure

If the landlord uses a ratio utility billing system when billing their tenants for multiple utilities they must disclose the included utilities and how they will be billed. Condominium and co-op rentals do not require this disclosure.

5) Security Deposit Receipt

The landlord must include, with the lease, a written receipt for a security deposit provided by the tenant (if applicable).

6) Utilities and Repairs

All leases are required to list the landlord and tenant’s responsibilities with regard to utility payments and repairs during the lease term.

Landlord-Tenant Laws

Landlord’s Access

General Access – No statute.

Emergency Access – No statute.

Rent

Grace Period (§ 8-401) – There is no grace period for unpaid rent in Maryland. Rent is due on the day indicated in the lease.

Maximum Fees ($) (§ 8-208(d)(3))- Landlords may not charge a late fee greater than 5% of the cost of monthly rent.

Rent Increase Notice – No statute.

Security Deposits

Maximum Amount ($) (§ 8–203(b)(1)) – The landlord may not charge in excess of two (2) months’ rent as a security deposit.

Returning to Tenant (§ 8–203(e)(1)) – The landlord must return the security deposit within forty-five (45) days of the termination of the tenancy.

Interest Required?  (§ 8–203(e)(1)) – All interest accrued from the security deposit must be returned with the entirety of the deposit owed.

Separate Bank Account? § 8–203(d)(1)(i)) – The funds must be deposited into an account at a federally insured institution that is dedicated exclusively to security deposits.