Lease Agreements By Type (7)
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Standard Lease Agreement Download: PDF, Word (.docx) |
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Download: PDF, Word (.docx) |
Required Landlord Disclosures
1.) Identification of the Landlord or Authorized Personnel (§ 8-210): The names, addresses, and telephone numbers of the landlord and all other individuals authorized to manage the premises must be included in the lease agreement.
2.) Move-in Checklist (§ 8-203.1): The tenant has the right to inspect the dwelling in person with the landlord within fifteen (15) days of notification so that the checklist offers a valid comparison at the end of the occupancy.
3.) Utility Payment Structure (§ 8-208): The arrangement where sharing utility service payments is explicitly presented for tenant approval.
4.) Receipt of Security Deposit (§ 8-203): A written receipt for security that must define the rights of the tenant to perform an inspection of the property with the landlord or managing agent, while presenting the rights put forth by the Code of Maryland § 8-203.
5.) Lead-Based Paint (42 U.S. Code § 4852d): Disclosure of the potential for exposure to lead-based paints to possible tenants of rental units constructed before 1979 in addition to a description of the symptoms and precautions to take.
When is Rent Due?
Grace Period: Maryland does not set aside a grace period, and in fact, expects tenants to submit rent when due (Md. Code, Real Prop. § 8-401).
Unpaid Rent: Landlords pursue the matter in court, while also sending a Notice of Intent to File (10-day cure period) beforehand (Md. Code, Real Prop. § 8-401).
Late Fees
NSF Fee
Landlords mail a Notice of Dishonor to collect the check amount and collection fee that is $35 or less (Md. Code, Real Prop. § 15-802).
Security Deposit Maximum ($)
Generally, landlords may not ask for more than one month’s rent; however, landlords may ask tenants with utility assistance for up to two months’ rent (Md. Code, Real Prop. § 8-203(b)(1)–(2)).
Security Deposit Return
Returning to Tenant: Maryland explicitly requires that tenants must receive:
- The security amount that is eligible for return
- The “simple interest” from a daily US Treasury yield or 1.5%/year (whichever is greater)(Md. Code, Real Prop. § 8-203(b)(1)–(2)).
Itemized List: Landlords send notice of deductions (from damages) within 15 days of the move out (Md. Code, Real Prop. § 8-203(b)(1)–(2)).
Landlord’s Right to Enter
Standard Entry: Maryland strictly requires that landlords deliver 24 hours’ notice before entering so that they may obtain consent (Md. Code, Real Prop. § 8-221).
Emergency Entry: Landlords enter without notice in emergencies, especially “to ensure the imminent protection or preservation of the property”(Md. Code, Real Prop. § 8-221).
Absence
Landlords take possession of the premises once the tenant abandons it; however, many recommend pursuing a warrant of restitution (Md. Code, Real Prop. § 8-216(b)(2)(ii)).
Repair and Deduct
Tenant Breaking a Lease (Early):
Domestic Violence: Maryland provides domestic violence victims with the ability to terminate leases; however, they must:
- Provide 30 days’ notice before termination that is both signed and notarized
- A protective order issued under §4-506.
- A peace order issued as per §3-1505
- A report from a qualified third party with redactions of the “name and physical description of the alleged perpetrator signed in the past 60 days. (Md. Code, Real Prop. § 8-5A-03)
Active Military: Landlords have the obligation to accept a military service member’s lease termination with 30-day notice whenever they must deploy or satisfy a reassignment.
Landlord’s Noncompliance: Generally, tenants must handle noncompliance in court; however, they may terminate with proper notice when:
- Landlords fail to deliver the premises for possession as per the lease
- Do not offer a written lease when mandatory; tenants may terminate the lease. (Md. Code, Real Prop. § 8-204(c)–(d)). Md. Code, Real Prop. § 8-208(a)(2)).
Landlord’s Harassment: Maryland does not generally allow tenants to terminate agreements, but recognizes provable constructive eviction as a defense. (Stevan v. Brown, 54 Md. App. 235 (1983)).
Is an Oral Lease enforceable?
Oral leases are only enforceable for landlords with less than 5 units and cannot be longer than one year (Tenant Bill of Rights).
Maryland explicitly requires that landlords with five or more units may not use an oral lease (Md. Code RP § 8-208(a)(1))
Renewing a Lease
Maryland neither requires nor prevents rent control during renewals; however, landlords must give notice depending on the lease:
- Leases with terms longer than a month require 90 days’ notice
- Leases with terms longer than one week but less than one month require 60 days’ notice
- For one week terms, tenants with a written lease must receive 7 days notice while tenants with an oral lease require 21 days notice.







